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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escapSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. ArtSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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 whicSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show thSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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 parSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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 foSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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 enviroSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; b) the time and date of the occurence of thSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. TheSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 usedSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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 controlSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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 OrgSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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 dateSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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 anSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 MediterraneSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 otSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 JanuarSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention whichever occurs later. Regulation 11 EXCEPTIONS Regulations 9 and 10 of this Annex shall not apply to: a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 12 RECEPTION FACILITIES 1. Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. 2. Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in: a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day; c) all ports having ship repair yards or tank cleaning facilities; d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex: e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. 3. The capacity for the reception facilities shall be as follows: a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2) (a) of this Regulation. b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordacne with the provisions of Regulation 9(1) (a) of this Annex from oil tankers which load oil other than crude oil in bulk. c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. f) The facilities provided in loading ports for bulk cargoes shall takeSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention whichever occurs later. Regulation 11 EXCEPTIONS Regulations 9 and 10 of this Annex shall not apply to: a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 12 RECEPTION FACILITIES 1. Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. 2. Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in: a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day; c) all ports having ship repair yards or tank cleaning facilities; d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex: e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. 3. The capacity for the reception facilities shall be as follows: a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2) (a) of this Regulation. b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordacne with the provisions of Regulation 9(1) (a) of this Annex from oil tankers which load oil other than crude oil in bulk. c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. f) The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate. 4. The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later. 5. Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate. Regulation 13 SEGREGATED BALLAST OIL TANKERS 1. Every new oil tanker of 70,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation. 2. The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements: a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be les than: dm = 2.0 + 0.02L; b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s). 3. In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex. 4. Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration. Regulation 14 SEGREGATION OF OIL AND WATER BALLAST 1. Except as provided in paragraph (2) of this Regulation, in new ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank. 2. Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16 (2) of this Annex, and an entry shall be made in the Oil Record Book to this effect. 3. All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable. Regulation 15 RETENTION OF OIL ON BOARD 1. Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control sSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention whichever occurs later. Regulation 11 EXCEPTIONS Regulations 9 and 10 of this Annex shall not apply to: a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 12 RECEPTION FACILITIES 1. Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. 2. Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in: a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day; c) all ports having ship repair yards or tank cleaning facilities; d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex: e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. 3. The capacity for the reception facilities shall be as follows: a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2) (a) of this Regulation. b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordacne with the provisions of Regulation 9(1) (a) of this Annex from oil tankers which load oil other than crude oil in bulk. c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. f) The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate. 4. The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later. 5. Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate. Regulation 13 SEGREGATED BALLAST OIL TANKERS 1. Every new oil tanker of 70,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation. 2. The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements: a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be les than: dm = 2.0 + 0.02L; b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s). 3. In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex. 4. Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration. Regulation 14 SEGREGATION OF OIL AND WATER BALLAST 1. Except as provided in paragraph (2) of this Regulation, in new ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank. 2. Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16 (2) of this Annex, and an entry shall be made in the Oil Record Book to this effect. 3. All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable. Regulation 15 RETENTION OF OIL ON BOARD 1. Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control systems and slop tank arrangements shall apply three years after the date of entry into force of the present Convention. 2. a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration. In existing oil tankers, any cargo tank may be designated as a slop tank. b) In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of Regulation 9 of this Annex. c) The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues but the total shall be not less than 3 per cent of the oil carrying capacity of the ship, except that, where segregated ballast tanks are provided in accordance with Regulation 13 of this Annex, or where arrangements such as eductors involving the use of water additional to the washing water are not fitted, the Administration may accept 2 per cent. New oil tankers over 70,000 tons deadweight shall be provided with at least two slop tanks. d) Slop tanks shall be designed particularly in respect of the position of inlets, outlets, baffles or where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water. 3. a) An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorported in the system, the Administration shall have regard to the specification recommended by the Organization.* * Reference is made to "Clean Seas Guide for Oil Tankers", published by the International Chamber of Shipping and the Oil Companies International Marine Forum. The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port. Existing oil tankers shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually and the rate of discharge may be estimated from the pump characteristic. b) Effective oil/water interface detectors approved by the Administration shall be provided for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. c) Instructions as to the operation of system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in Regulation 9 of this Annex.* * Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.233 (VII). 4. The requirements of paragSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention whichever occurs later. Regulation 11 EXCEPTIONS Regulations 9 and 10 of this Annex shall not apply to: a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 12 RECEPTION FACILITIES 1. Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. 2. Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in: a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day; c) all ports having ship repair yards or tank cleaning facilities; d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex: e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. 3. The capacity for the reception facilities shall be as follows: a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2) (a) of this Regulation. b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordacne with the provisions of Regulation 9(1) (a) of this Annex from oil tankers which load oil other than crude oil in bulk. c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. f) The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate. 4. The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later. 5. Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate. Regulation 13 SEGREGATED BALLAST OIL TANKERS 1. Every new oil tanker of 70,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation. 2. The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements: a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be les than: dm = 2.0 + 0.02L; b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s). 3. In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex. 4. Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration. Regulation 14 SEGREGATION OF OIL AND WATER BALLAST 1. Except as provided in paragraph (2) of this Regulation, in new ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank. 2. Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16 (2) of this Annex, and an entry shall be made in the Oil Record Book to this effect. 3. All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable. Regulation 15 RETENTION OF OIL ON BOARD 1. Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control systems and slop tank arrangements shall apply three years after the date of entry into force of the present Convention. 2. a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration. In existing oil tankers, any cargo tank may be designated as a slop tank. b) In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of Regulation 9 of this Annex. c) The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues but the total shall be not less than 3 per cent of the oil carrying capacity of the ship, except that, where segregated ballast tanks are provided in accordance with Regulation 13 of this Annex, or where arrangements such as eductors involving the use of water additional to the washing water are not fitted, the Administration may accept 2 per cent. New oil tankers over 70,000 tons deadweight shall be provided with at least two slop tanks. d) Slop tanks shall be designed particularly in respect of the position of inlets, outlets, baffles or where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water. 3. a) An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorported in the system, the Administration shall have regard to the specification recommended by the Organization.* * Reference is made to "Clean Seas Guide for Oil Tankers", published by the International Chamber of Shipping and the Oil Companies International Marine Forum. The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port. Existing oil tankers shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually and the rate of discharge may be estimated from the pump characteristic. b) Effective oil/water interface detectors approved by the Administration shall be provided for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. c) Instructions as to the operation of system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in Regulation 9 of this Annex.* * Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.233 (VII). 4. The requirements of paragraphs (1), (2) and (3 ) of this Regulation shall not apply to oil tankers of less than 150 tons gross tonnage, for which the control of discharge of oil under Regulation 9 of this Annex shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book. This total quantity shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provision of Regulation 9 of this Annex are complied with. 5. The Administration may waive the requirements of paragraphs (1), (2) and (3) of this Regulation for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 miles from the nearest land, provided that the oil tanker is not required to hold and does not hold an International Oil Pollution Prevention Certificate (1973). Any such waiver shall be subject to the requirements that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate. 6. Where in the view of the Organization equipment required by Regulation 9(1)(a)(vi) of this Annex and specified in sub- paragraph (3)(a) of this Regulation is not obtainable for the monitoring of discharge of light refined products (white oils), the Administration may waive compliance with such procedures established by the Organization which shall satisfy the conditions of Regulation 9(1)(a) of this Annex except the obligation to have an oil discharge monitoring and control system in operation. The Organization shall review the availability of equipment at intervals not exceeding twelve months. 7. The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers carrying asphalt, for which the control of discharge of asphalt under Regulation 9 of this Annex shall be effected by the retention of asphalt residues on board with discharge of all contaminated washings to reception facilities. Regulation 16 OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER SEPARATING EQUIPMENT 1. Any ship of 400 tons gross tonnage and above shall be fitted with an oily-water separating equipment or filtering system complying with the provisions of paragraph (6) of this Regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph 2 of this Regulation or paragraph (1) of Regulation 14. 2. Any ship of 10,000 tons gross tonnage and above shall be fitted: a) in addition to the requirements of paragraph (1) of this Regulation with an oil discharge monitoring and control system complying with paragraph (5) of this Regulation; or b) as an alternative to the requirements of paragraph (1) and sub-paragraph (2)(a) of this Regulation, with an oily-water separating equipment complying with paragraph (6) of this Regulation and an effective filtering system, complying with paragraph (7) of this Regulation. 3. The Administration shall ensure that ships of less 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex. 4. For existing ships the requirements of paragraphs (1),(2) and (3) of this Regulation shall apply three years after the date of entry into force of the present Convention. 5. An oil discharge monitoring and control system shall be of a design approved by the Administration. In considering the design of the oil content meter to be incorporated into the system, the Administration shall have regard to the specification recommended by the Organization.* The system shall be fitted with a recording device to provide a contSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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 are alleged to be inadequate. b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub-paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention whichever occurs later. Regulation 11 EXCEPTIONS Regulations 9 and 10 of this Annex shall not apply to: a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 12 RECEPTION FACILITIES 1. Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. 2. Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in: a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day; c) all ports having ship repair yards or tank cleaning facilities; d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex: e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. 3. The capacity for the reception facilities shall be as follows: a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2) (a) of this Regulation. b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordacne with the provisions of Regulation 9(1) (a) of this Annex from oil tankers which load oil other than crude oil in bulk. c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. f) The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate. 4. The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later. 5. Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate. Regulation 13 SEGREGATED BALLAST OIL TANKERS 1. Every new oil tanker of 70,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation. 2. The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements: a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be les than: dm = 2.0 + 0.02L; b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s). 3. In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex. 4. Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration. Regulation 14 SEGREGATION OF OIL AND WATER BALLAST 1. Except as provided in paragraph (2) of this Regulation, in new ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank. 2. Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16 (2) of this Annex, and an entry shall be made in the Oil Record Book to this effect. 3. All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable. Regulation 15 RETENTION OF OIL ON BOARD 1. Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control systems and slop tank arrangements shall apply three years after the date of entry into force of the present Convention. 2. a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration. In existing oil tankers, any cargo tank may be designated as a slop tank. b) In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of Regulation 9 of this Annex. c) The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues but the total shall be not less than 3 per cent of the oil carrying capacity of the ship, except that, where segregated ballast tanks are provided in accordance with Regulation 13 of this Annex, or where arrangements such as eductors involving the use of water additional to the washing water are not fitted, the Administration may accept 2 per cent. New oil tankers over 70,000 tons deadweight shall be provided with at least two slop tanks. d) Slop tanks shall be designed particularly in respect of the position of inlets, outlets, baffles or where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water. 3. a) An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorported in the system, the Administration shall have regard to the specification recommended by the Organization.* * Reference is made to "Clean Seas Guide for Oil Tankers", published by the International Chamber of Shipping and the Oil Companies International Marine Forum. The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port. Existing oil tankers shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually and the rate of discharge may be estimated from the pump characteristic. b) Effective oil/water interface detectors approved by the Administration shall be provided for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. c) Instructions as to the operation of system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in Regulation 9 of this Annex.* * Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.233 (VII). 4. The requirements of paragraphs (1), (2) and (3 ) of this Regulation shall not apply to oil tankers of less than 150 tons gross tonnage, for which the control of discharge of oil under Regulation 9 of this Annex shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book. This total quantity shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provision of Regulation 9 of this Annex are complied with. 5. The Administration may waive the requirements of paragraphs (1), (2) and (3) of this Regulation for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 miles from the nearest land, provided that the oil tanker is not required to hold and does not hold an International Oil Pollution Prevention Certificate (1973). Any such waiver shall be subject to the requirements that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate. 6. Where in the view of the Organization equipment required by Regulation 9(1)(a)(vi) of this Annex and specified in sub- paragraph (3)(a) of this Regulation is not obtainable for the monitoring of discharge of light refined products (white oils), the Administration may waive compliance with such procedures established by the Organization which shall satisfy the conditions of Regulation 9(1)(a) of this Annex except the obligation to have an oil discharge monitoring and control system in operation. The Organization shall review the availability of equipment at intervals not exceeding twelve months. 7. The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers carrying asphalt, for which the control of discharge of asphalt under Regulation 9 of this Annex shall be effected by the retention of asphalt residues on board with discharge of all contaminated washings to reception facilities. Regulation 16 OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER SEPARATING EQUIPMENT 1. Any ship of 400 tons gross tonnage and above shall be fitted with an oily-water separating equipment or filtering system complying with the provisions of paragraph (6) of this Regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph 2 of this Regulation or paragraph (1) of Regulation 14. 2. Any ship of 10,000 tons gross tonnage and above shall be fitted: a) in addition to the requirements of paragraph (1) of this Regulation with an oil discharge monitoring and control system complying with paragraph (5) of this Regulation; or b) as an alternative to the requirements of paragraph (1) and sub-paragraph (2)(a) of this Regulation, with an oily-water separating equipment complying with paragraph (6) of this Regulation and an effective filtering system, complying with paragraph (7) of this Regulation. 3. The Administration shall ensure that ships of less 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex. 4. For existing ships the requirements of paragraphs (1),(2) and (3) of this Regulation shall apply three years after the date of entry into force of the present Convention. 5. An oil discharge monitoring and control system shall be of a design approved by the Administration. In considering the design of the oil content meter to be incorporated into the system, the Administration shall have regard to the specification recommended by the Organization.* The system shall be fitted with a recording device to provide a continuous record of the oil content in parts per million. This record shall be identifiable as to time and date and shall be kept for at least three years. The monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of effluent exceeds that permitted by Regulation 9(1)(b) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. Existing ships shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually. 6. Only-water separating equipment or an oil filtering system shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the separator or filtering systems shall have an oil content of not more than 100 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.* 7. The oil filtering system referred to in paragraph (2)(b) of this Regulation shall be of a design approved by the Administration and shall be such that it will accept the discharge from the separating system and produce an effluent the oil content of which does not exceed 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained. Regulation 17 TANKS FOR OIL RESIDUES (SLUDGE) 1. Every ship of 400 tons gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oily residues (sludges) which cannot be dealt with otherwise in accordance with the requirements of this Annex, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces. 2. In new ships, such tanks shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities. Existing ships shall comply with this requirement as far as is reasonable and practicable. Regulation 18 PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS 1. In every oil tanker, a discharge manifold for connexion to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship. 2. In every oil tanker, pipelines for the discharge to the sea of effluent which may be permitted under Regulation 9 of this Annex shall be led to the open deck or to the ship's side above the waterline in the deepest ballast condition. Different piping arrangements to permit operation in the manner permitted in sub-paragraphs (4)(a) and (b) of this Regulation may be accepted. 3. In new oil tankers means shall be provided for stopping the discharge of effluent into the sea from a position on upper deck or above located so that the manifold in use referred to in paragraph (1) of this Regulation and the effluent from the pipelines referred to in paragraph (2) of this Regulation may be visually observed. Means for stopping the discharge need not be provided at the observation position if a positive communication system such as telephone or radio system is provided between the observation position and the discharge control position. 4. All discharges shall take place above the waterline except as follows: a) Segregated ballast and clean ballast may be discharged below the waterline in ports or at offshore terminals. b) Existing ships which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline provided that an examination of the tank immediately befSummary of the "International Convention for the Prevention of Pollution From Ships, 1973" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breac
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangement
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving e
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving either after or forward bulkhead bounding the
machinery space located aft. The machinery space shall be
treated as a single floodable compartment;
c) in tankers not exceeding 150 metres in length,
anywhere in the ship's length between adjacent transverse
bulkheads with the exception of the machinery space. For
tankers of 100 metres or less in length where all
requirements of paragraph (3) of this Regulation cannot be
fulfilled without materially impairing the operational
qualities of the ship, Administrations may allow relaxations
from these requirements.
Ballast conditions where the tanker is not carrying oil in
cargo tanks excluding any oil residues, shall not be
considered.
2. The following provisions regarding the extent and the
character of the assumed damage shall apply:
a) The extent of side or bottom damage shall be as specified
in Regulation 22 of this Annex, except that the longitudinal
extent of the bottom damage within 0.3L from the forward
perpendicular shall be the same as for side damage, as
specified in Regulation 22 (1)(a)(i) of this Annex. If any
damage of lesser extent results in a more severe condition
such damage shall be assumed.
b) Where the damage involving transverse bulkheads is
envisaged as specified in subparagraphs (1)(a) and (b) of
this Regulation, transverse watertight bulkheads shall be
spaced at least at a distance equal to the longitudinal
extent of assumed damage specified in sub-paragraph (a) of
this paragraph in order to be considered effective. Where
transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage shall be
assumed as non-existent for the purpose of determining
flooded compartments.
c) Where the damage between adjacent transverse watertight
bulkheads is envisaged as specified in sub-paragraph (1)(c)
of this Regulation, no main transverse bulkhead or a
transverse bulkhead bounding side tanks or double bottom
tanks shall be assumed damaged, unless:
(i) the spacing of the adjacent bulkheads is less than the
longitudinal extent of assumed damage specified in sub-
paragraph (a) of this paragraph; or
(ii) there is a step or a recess in a transverse bulkhead of
more than 3.05 metres in length, located within the extent of
penetration of assumed damage. The step forward by the after
peak bulkhead and after peak tank top shall not be regarded
as a step for the purpose of this Regulation.
d) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.
3. Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met:
a) The final waterline, taking into account sinkage, heel and
trim, shall be below the lower edge of any opening through
which progressive flooding may take place. Such openings
shall include air pipes and those which are closed by means
of weathertight doors or hatch covers and may exclude those
openings closed by means of watertight manhole covers and
flush scuttles, small watertight cargo tank hatch covers
which maintain the high integrity of the deck, remotely
operated watertight sliding doors, and side scuttles of the
non-opening type,
b) In the final stage of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs.
c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the
righting lever curve has at least a range of 20 degrees
beyond the position of equilibrium in association with a
maximum residual righting lever of at least 0.1 metre. The
Administration shall give consideration to the potential
hazard presented by protected or unprotected openings which
may become temporarily immersed within the range of residual
stability.
d) The Administra
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving either after or forward bulkhead bounding the
machinery space located aft. The machinery space shall be
treated as a single floodable compartment;
c) in tankers not exceeding 150 metres in length,
anywhere in the ship's length between adjacent transverse
bulkheads with the exception of the machinery space. For
tankers of 100 metres or less in length where all
requirements of paragraph (3) of this Regulation cannot be
fulfilled without materially impairing the operational
qualities of the ship, Administrations may allow relaxations
from these requirements.
Ballast conditions where the tanker is not carrying oil in
cargo tanks excluding any oil residues, shall not be
considered.
2. The following provisions regarding the extent and the
character of the assumed damage shall apply:
a) The extent of side or bottom damage shall be as specified
in Regulation 22 of this Annex, except that the longitudinal
extent of the bottom damage within 0.3L from the forward
perpendicular shall be the same as for side damage, as
specified in Regulation 22 (1)(a)(i) of this Annex. If any
damage of lesser extent results in a more severe condition
such damage shall be assumed.
b) Where the damage involving transverse bulkheads is
envisaged as specified in subparagraphs (1)(a) and (b) of
this Regulation, transverse watertight bulkheads shall be
spaced at least at a distance equal to the longitudinal
extent of assumed damage specified in sub-paragraph (a) of
this paragraph in order to be considered effective. Where
transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage shall be
assumed as non-existent for the purpose of determining
flooded compartments.
c) Where the damage between adjacent transverse watertight
bulkheads is envisaged as specified in sub-paragraph (1)(c)
of this Regulation, no main transverse bulkhead or a
transverse bulkhead bounding side tanks or double bottom
tanks shall be assumed damaged, unless:
(i) the spacing of the adjacent bulkheads is less than the
longitudinal extent of assumed damage specified in sub-
paragraph (a) of this paragraph; or
(ii) there is a step or a recess in a transverse bulkhead of
more than 3.05 metres in length, located within the extent of
penetration of assumed damage. The step forward by the after
peak bulkhead and after peak tank top shall not be regarded
as a step for the purpose of this Regulation.
d) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.
3. Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met:
a) The final waterline, taking into account sinkage, heel and
trim, shall be below the lower edge of any opening through
which progressive flooding may take place. Such openings
shall include air pipes and those which are closed by means
of weathertight doors or hatch covers and may exclude those
openings closed by means of watertight manhole covers and
flush scuttles, small watertight cargo tank hatch covers
which maintain the high integrity of the deck, remotely
operated watertight sliding doors, and side scuttles of the
non-opening type,
b) In the final stage of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs.
c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the
righting lever curve has at least a range of 20 degrees
beyond the position of equilibrium in association with a
maximum residual righting lever of at least 0.1 metre. The
Administration shall give consideration to the potential
hazard presented by protected or unprotected openings which
may become temporarily immersed within the range of residual
stability.
d) The Administration shall be satisfied that the stability
is sufficient during intermediate stages of flooding.
4. The requirements of paragraph (1) of this Regulation shall
be confirmed by calculations which take into consideration
the design characteristics of the ship, the arrangements,
configuration and contents of the damaged compartments; and
the distribution, specific gravities and the free surface
effect of liquids. The calculations shall be based on the
following:
a) Account shall be taken of any empty or partially filled
tank, the specific gravity of cargoes carried, as well as any
outflow of liquids from damaged compartments.
b) The permeabilities are assumed as follows:
Spaces Permeability
Appropriated to 0.60
stores
Occupied by 0.95
accommodation
Occupied by machinery 0.85
Voids 0.95
Intended for 0 to 0.95*
consumable liquids
Intended for 0 to 0.95**
other liquids
* Whichever results in the more severe requirements.
** The permeability of partially filled compartments shall be
consistent with the amount of liquid carried.
c) The buoyancy of any superstructure directly above the side
damage shall be disregarded. The unflooded parts of
superstructures beyond the extent of damage, however, may be
taken into consideration provided that they are separated
from the damaged space by watertight bulkheads and the
requirements of sub-paragraph (3)(a) of this Regulation in
respect of these intact spaces are complied with. Hinged
watertight doors may be acceptable in watertight bulkheads in
the superstructure.
d) The free surface effect shall be calculated at an angle of
heel of 5 degrees for each individual compartment. The
Administration may require or allow the free surface
corrections to be calculated at an angle of heel greater than
5 degrees for partially filled tanks.
e) In calculating the effect of free surfaces of consumable
liquids it shall be assumed that, for each type of liquid at
least one transverse pair or a single centreline tank has a
free surface and the tank or combination of tanks to be taken
into account shall be those where the effect of free surfaces
is the greatest.
5. The Master of every oil tanker and the person in charge of
a non-self-propelled oil tanker to which this Annex applies
shall be supplied in an approved form with:
a) information relative to loading and distribution of cargo
necessary to ensure compliance with the provisions of this
Regulation; and
b) data on the ability of the ship to comply with damage
stability criteria as determined by this Regulation,
including the effect of relaxations that may have been
allowed under sub-paragraph (1)(c) of this Regulation.
APPENDIX I
LIST OF OILS*
* The list of oils shall not necessarily be considered as
comprehensive.
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No. 4
Fuel Oil No. 5
Fuel Oil No. 6
Road Oil
Transformer Oil
Aromatic Oil (excluding vegetable oil)
Lubricating Oils and Blending Stocks
Mineral Oil
Motor Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Aklylates Ñ fuel
Reformates
Polymer Ñ fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Fuel Oil No. 1 (Kerosene)
Fuel Oil No. 1-D
Fuel Oil No. 2
Fuel Oil No. 2-D
Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, Heavy)
Turbo Fuel
Kerosene
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
APPENDIX II
Form of Certificate
INTERNATIONAL OIL PREVENTION CERTIFICATE (1973)
Issued under the Provisions of the International Convention
for the Prevention of Pollution from Ships, 1973, under the
Authority of the Government of
...................................................
(full designation of the country)
by ............................................... (full
designation of the competent person or organ
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving either after or forward bulkhead bounding the
machinery space located aft. The machinery space shall be
treated as a single floodable compartment;
c) in tankers not exceeding 150 metres in length,
anywhere in the ship's length between adjacent transverse
bulkheads with the exception of the machinery space. For
tankers of 100 metres or less in length where all
requirements of paragraph (3) of this Regulation cannot be
fulfilled without materially impairing the operational
qualities of the ship, Administrations may allow relaxations
from these requirements.
Ballast conditions where the tanker is not carrying oil in
cargo tanks excluding any oil residues, shall not be
considered.
2. The following provisions regarding the extent and the
character of the assumed damage shall apply:
a) The extent of side or bottom damage shall be as specified
in Regulation 22 of this Annex, except that the longitudinal
extent of the bottom damage within 0.3L from the forward
perpendicular shall be the same as for side damage, as
specified in Regulation 22 (1)(a)(i) of this Annex. If any
damage of lesser extent results in a more severe condition
such damage shall be assumed.
b) Where the damage involving transverse bulkheads is
envisaged as specified in subparagraphs (1)(a) and (b) of
this Regulation, transverse watertight bulkheads shall be
spaced at least at a distance equal to the longitudinal
extent of assumed damage specified in sub-paragraph (a) of
this paragraph in order to be considered effective. Where
transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage shall be
assumed as non-existent for the purpose of determining
flooded compartments.
c) Where the damage between adjacent transverse watertight
bulkheads is envisaged as specified in sub-paragraph (1)(c)
of this Regulation, no main transverse bulkhead or a
transverse bulkhead bounding side tanks or double bottom
tanks shall be assumed damaged, unless:
(i) the spacing of the adjacent bulkheads is less than the
longitudinal extent of assumed damage specified in sub-
paragraph (a) of this paragraph; or
(ii) there is a step or a recess in a transverse bulkhead of
more than 3.05 metres in length, located within the extent of
penetration of assumed damage. The step forward by the after
peak bulkhead and after peak tank top shall not be regarded
as a step for the purpose of this Regulation.
d) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.
3. Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met:
a) The final waterline, taking into account sinkage, heel and
trim, shall be below the lower edge of any opening through
which progressive flooding may take place. Such openings
shall include air pipes and those which are closed by means
of weathertight doors or hatch covers and may exclude those
openings closed by means of watertight manhole covers and
flush scuttles, small watertight cargo tank hatch covers
which maintain the high integrity of the deck, remotely
operated watertight sliding doors, and side scuttles of the
non-opening type,
b) In the final stage of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs.
c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the
righting lever curve has at least a range of 20 degrees
beyond the position of equilibrium in association with a
maximum residual righting lever of at least 0.1 metre. The
Administration shall give consideration to the potential
hazard presented by protected or unprotected openings which
may become temporarily immersed within the range of residual
stability.
d) The Administration shall be satisfied that the stability
is sufficient during intermediate stages of flooding.
4. The requirements of paragraph (1) of this Regulation shall
be confirmed by calculations which take into consideration
the design characteristics of the ship, the arrangements,
configuration and contents of the damaged compartments; and
the distribution, specific gravities and the free surface
effect of liquids. The calculations shall be based on the
following:
a) Account shall be taken of any empty or partially filled
tank, the specific gravity of cargoes carried, as well as any
outflow of liquids from damaged compartments.
b) The permeabilities are assumed as follows:
Spaces Permeability
Appropriated to 0.60
stores
Occupied by 0.95
accommodation
Occupied by machinery 0.85
Voids 0.95
Intended for 0 to 0.95*
consumable liquids
Intended for 0 to 0.95**
other liquids
* Whichever results in the more severe requirements.
** The permeability of partially filled compartments shall be
consistent with the amount of liquid carried.
c) The buoyancy of any superstructure directly above the side
damage shall be disregarded. The unflooded parts of
superstructures beyond the extent of damage, however, may be
taken into consideration provided that they are separated
from the damaged space by watertight bulkheads and the
requirements of sub-paragraph (3)(a) of this Regulation in
respect of these intact spaces are complied with. Hinged
watertight doors may be acceptable in watertight bulkheads in
the superstructure.
d) The free surface effect shall be calculated at an angle of
heel of 5 degrees for each individual compartment. The
Administration may require or allow the free surface
corrections to be calculated at an angle of heel greater than
5 degrees for partially filled tanks.
e) In calculating the effect of free surfaces of consumable
liquids it shall be assumed that, for each type of liquid at
least one transverse pair or a single centreline tank has a
free surface and the tank or combination of tanks to be taken
into account shall be those where the effect of free surfaces
is the greatest.
5. The Master of every oil tanker and the person in charge of
a non-self-propelled oil tanker to which this Annex applies
shall be supplied in an approved form with:
a) information relative to loading and distribution of cargo
necessary to ensure compliance with the provisions of this
Regulation; and
b) data on the ability of the ship to comply with damage
stability criteria as determined by this Regulation,
including the effect of relaxations that may have been
allowed under sub-paragraph (1)(c) of this Regulation.
APPENDIX I
LIST OF OILS*
* The list of oils shall not necessarily be considered as
comprehensive.
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No. 4
Fuel Oil No. 5
Fuel Oil No. 6
Road Oil
Transformer Oil
Aromatic Oil (excluding vegetable oil)
Lubricating Oils and Blending Stocks
Mineral Oil
Motor Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Aklylates Ñ fuel
Reformates
Polymer Ñ fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Fuel Oil No. 1 (Kerosene)
Fuel Oil No. 1-D
Fuel Oil No. 2
Fuel Oil No. 2-D
Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, Heavy)
Turbo Fuel
Kerosene
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
APPENDIX II
Form of Certificate
INTERNATIONAL OIL PREVENTION CERTIFICATE (1973)
Issued under the Provisions of the International Convention
for the Prevention of Pollution from Ships, 1973, under the
Authority of the Government of
...................................................
(full designation of the country)
by ............................................... (full
designation of the competent person or organization
authorized under the provisions of the International
Convention for the Prevention of Pollution from Ships, 1973)
Name of Ship Number or
Distinctive
Letter Port of
Registry Gross Tonnage
Type of ship:
Oil tanker, including combination carrier*
* Delete as appropriate
Asphalt carrier*
Ship other than oil tanker with cargo tanks coming under
Regulation 2(2) of Annex I of the Convention* Ship other than
any of the above*
New/existing ship*
Date of building or major conversion contract..............
.........................................................
Date on which keel was laid or ship was at a similar stage of
construction or on which major conversion was
commenced....................................................
..................
Date of delivery or completion of major conversion........
......................................................
PART A
ALL SHIPS
The ship is equipped with:
for ships of 400 tons gross tonnage and above:
a) oily-water separating equipment* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million) or
* Delete as appropriate
b) an oil filtering system* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million)
for ships of 10,000 tons gross tonnage and above:
c) an oil discharge monitoring and control system*
(additional to (a) or(b) above) or
d) oil-water separating equipment and an oil filtering
system* (capable of producing the effluent with an oil
content not exceeding 15 pars per million) in lieu of (a) or
(b) above.
Particulars of requirement from which exemption is granted
under Regulation 2(2) and 2(4)(a) of Annex I of the
Convention:
...................................................
...................................................
Remarks:
PART B
OIL TANKER
Deadweight ..................metric tons. Length of
ship............... metres.
It is certified that this ship is:
a) required to be constructed according to and complies with
b) not required to be constructed according to
c) nor required to be constructed according to, but complies
with the requirements of Regulation 24 of Annex I of the
Convention.
The capacity of segregated ballast tanks
is...................................cubic metres and
complies with the requirements of Regulation 24 of Annex I of
the Convention
The segregated ballast is distributed as follows:
Tank Quantity Tank Quantity
This Part should be completed for oil tankers including
combination carriers and asphalt carriers, and those entries
which are applicable should be completed for ships other than
oil tankers which are constructed and utilized to carry oil
in bulk of an aggregate capacity of 200 cubic metres or
above.
2 This page need not be reproduced on a Certificate issued to
any ship other than those referred to in footnote.1
3 Delete as appropriate
THIS IS TO CERTIFY:
That the ship has been surveyed in accordance with Regulation
4 of Annex I of the International Covention for the
Prevention of Pollution from Ships, 1973, concerning the
prevention of pollution of oil; and
That the survey shows that the structure, equipment,
fittings, arrangements and material of the ship and the
condition thereof are in all respects, satisfactory and that
the ship complies with the applicable requirements of Annex I
of the Convention.
This Certificate is valid until............................
subject to intermediate survey(s) at intervals of .........
Issued at.................................................
(place of issue of Certificate)
........................19.... ............................
(Signature of duly
authorized official issuing
the Certificate)
(Seal or stamp of the issuing Authority, as appropriate)
Endorsement for existing ships4
4 This entry need not be reproduced on a Certificate other
than the first Certificate issued to any ship.
This is to certify that t
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving either after or forward bulkhead bounding the
machinery space located aft. The machinery space shall be
treated as a single floodable compartment;
c) in tankers not exceeding 150 metres in length,
anywhere in the ship's length between adjacent transverse
bulkheads with the exception of the machinery space. For
tankers of 100 metres or less in length where all
requirements of paragraph (3) of this Regulation cannot be
fulfilled without materially impairing the operational
qualities of the ship, Administrations may allow relaxations
from these requirements.
Ballast conditions where the tanker is not carrying oil in
cargo tanks excluding any oil residues, shall not be
considered.
2. The following provisions regarding the extent and the
character of the assumed damage shall apply:
a) The extent of side or bottom damage shall be as specified
in Regulation 22 of this Annex, except that the longitudinal
extent of the bottom damage within 0.3L from the forward
perpendicular shall be the same as for side damage, as
specified in Regulation 22 (1)(a)(i) of this Annex. If any
damage of lesser extent results in a more severe condition
such damage shall be assumed.
b) Where the damage involving transverse bulkheads is
envisaged as specified in subparagraphs (1)(a) and (b) of
this Regulation, transverse watertight bulkheads shall be
spaced at least at a distance equal to the longitudinal
extent of assumed damage specified in sub-paragraph (a) of
this paragraph in order to be considered effective. Where
transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage shall be
assumed as non-existent for the purpose of determining
flooded compartments.
c) Where the damage between adjacent transverse watertight
bulkheads is envisaged as specified in sub-paragraph (1)(c)
of this Regulation, no main transverse bulkhead or a
transverse bulkhead bounding side tanks or double bottom
tanks shall be assumed damaged, unless:
(i) the spacing of the adjacent bulkheads is less than the
longitudinal extent of assumed damage specified in sub-
paragraph (a) of this paragraph; or
(ii) there is a step or a recess in a transverse bulkhead of
more than 3.05 metres in length, located within the extent of
penetration of assumed damage. The step forward by the after
peak bulkhead and after peak tank top shall not be regarded
as a step for the purpose of this Regulation.
d) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.
3. Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met:
a) The final waterline, taking into account sinkage, heel and
trim, shall be below the lower edge of any opening through
which progressive flooding may take place. Such openings
shall include air pipes and those which are closed by means
of weathertight doors or hatch covers and may exclude those
openings closed by means of watertight manhole covers and
flush scuttles, small watertight cargo tank hatch covers
which maintain the high integrity of the deck, remotely
operated watertight sliding doors, and side scuttles of the
non-opening type,
b) In the final stage of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs.
c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the
righting lever curve has at least a range of 20 degrees
beyond the position of equilibrium in association with a
maximum residual righting lever of at least 0.1 metre. The
Administration shall give consideration to the potential
hazard presented by protected or unprotected openings which
may become temporarily immersed within the range of residual
stability.
d) The Administration shall be satisfied that the stability
is sufficient during intermediate stages of flooding.
4. The requirements of paragraph (1) of this Regulation shall
be confirmed by calculations which take into consideration
the design characteristics of the ship, the arrangements,
configuration and contents of the damaged compartments; and
the distribution, specific gravities and the free surface
effect of liquids. The calculations shall be based on the
following:
a) Account shall be taken of any empty or partially filled
tank, the specific gravity of cargoes carried, as well as any
outflow of liquids from damaged compartments.
b) The permeabilities are assumed as follows:
Spaces Permeability
Appropriated to 0.60
stores
Occupied by 0.95
accommodation
Occupied by machinery 0.85
Voids 0.95
Intended for 0 to 0.95*
consumable liquids
Intended for 0 to 0.95**
other liquids
* Whichever results in the more severe requirements.
** The permeability of partially filled compartments shall be
consistent with the amount of liquid carried.
c) The buoyancy of any superstructure directly above the side
damage shall be disregarded. The unflooded parts of
superstructures beyond the extent of damage, however, may be
taken into consideration provided that they are separated
from the damaged space by watertight bulkheads and the
requirements of sub-paragraph (3)(a) of this Regulation in
respect of these intact spaces are complied with. Hinged
watertight doors may be acceptable in watertight bulkheads in
the superstructure.
d) The free surface effect shall be calculated at an angle of
heel of 5 degrees for each individual compartment. The
Administration may require or allow the free surface
corrections to be calculated at an angle of heel greater than
5 degrees for partially filled tanks.
e) In calculating the effect of free surfaces of consumable
liquids it shall be assumed that, for each type of liquid at
least one transverse pair or a single centreline tank has a
free surface and the tank or combination of tanks to be taken
into account shall be those where the effect of free surfaces
is the greatest.
5. The Master of every oil tanker and the person in charge of
a non-self-propelled oil tanker to which this Annex applies
shall be supplied in an approved form with:
a) information relative to loading and distribution of cargo
necessary to ensure compliance with the provisions of this
Regulation; and
b) data on the ability of the ship to comply with damage
stability criteria as determined by this Regulation,
including the effect of relaxations that may have been
allowed under sub-paragraph (1)(c) of this Regulation.
APPENDIX I
LIST OF OILS*
* The list of oils shall not necessarily be considered as
comprehensive.
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No. 4
Fuel Oil No. 5
Fuel Oil No. 6
Road Oil
Transformer Oil
Aromatic Oil (excluding vegetable oil)
Lubricating Oils and Blending Stocks
Mineral Oil
Motor Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Aklylates Ñ fuel
Reformates
Polymer Ñ fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Fuel Oil No. 1 (Kerosene)
Fuel Oil No. 1-D
Fuel Oil No. 2
Fuel Oil No. 2-D
Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, Heavy)
Turbo Fuel
Kerosene
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
APPENDIX II
Form of Certificate
INTERNATIONAL OIL PREVENTION CERTIFICATE (1973)
Issued under the Provisions of the International Convention
for the Prevention of Pollution from Ships, 1973, under the
Authority of the Government of
...................................................
(full designation of the country)
by ............................................... (full
designation of the competent person or organization
authorized under the provisions of the International
Convention for the Prevention of Pollution from Ships, 1973)
Name of Ship Number or
Distinctive
Letter Port of
Registry Gross Tonnage
Type of ship:
Oil tanker, including combination carrier*
* Delete as appropriate
Asphalt carrier*
Ship other than oil tanker with cargo tanks coming under
Regulation 2(2) of Annex I of the Convention* Ship other than
any of the above*
New/existing ship*
Date of building or major conversion contract..............
.........................................................
Date on which keel was laid or ship was at a similar stage of
construction or on which major conversion was
commenced....................................................
..................
Date of delivery or completion of major conversion........
......................................................
PART A
ALL SHIPS
The ship is equipped with:
for ships of 400 tons gross tonnage and above:
a) oily-water separating equipment* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million) or
* Delete as appropriate
b) an oil filtering system* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million)
for ships of 10,000 tons gross tonnage and above:
c) an oil discharge monitoring and control system*
(additional to (a) or(b) above) or
d) oil-water separating equipment and an oil filtering
system* (capable of producing the effluent with an oil
content not exceeding 15 pars per million) in lieu of (a) or
(b) above.
Particulars of requirement from which exemption is granted
under Regulation 2(2) and 2(4)(a) of Annex I of the
Convention:
...................................................
...................................................
Remarks:
PART B
OIL TANKER
Deadweight ..................metric tons. Length of
ship............... metres.
It is certified that this ship is:
a) required to be constructed according to and complies with
b) not required to be constructed according to
c) nor required to be constructed according to, but complies
with the requirements of Regulation 24 of Annex I of the
Convention.
The capacity of segregated ballast tanks
is...................................cubic metres and
complies with the requirements of Regulation 24 of Annex I of
the Convention
The segregated ballast is distributed as follows:
Tank Quantity Tank Quantity
This Part should be completed for oil tankers including
combination carriers and asphalt carriers, and those entries
which are applicable should be completed for ships other than
oil tankers which are constructed and utilized to carry oil
in bulk of an aggregate capacity of 200 cubic metres or
above.
2 This page need not be reproduced on a Certificate issued to
any ship other than those referred to in footnote.1
3 Delete as appropriate
THIS IS TO CERTIFY:
That the ship has been surveyed in accordance with Regulation
4 of Annex I of the International Covention for the
Prevention of Pollution from Ships, 1973, concerning the
prevention of pollution of oil; and
That the survey shows that the structure, equipment,
fittings, arrangements and material of the ship and the
condition thereof are in all respects, satisfactory and that
the ship complies with the applicable requirements of Annex I
of the Convention.
This Certificate is valid until............................
subject to intermediate survey(s) at intervals of .........
Issued at.................................................
(place of issue of Certificate)
........................19.... ............................
(Signature of duly
authorized official issuing
the Certificate)
(Seal or stamp of the issuing Authority, as appropriate)
Endorsement for existing ships4
4 This entry need not be reproduced on a Certificate other
than the first Certificate issued to any ship.
This is to certify that this ship has been so equipped as to
comply with the requirements of the International Convention
for the Prevention of Pollution from Ships, 1973 as relating
to existing ships three years from the date of entry into
force of the Convention.
signed ....................
signed......................
(Signature of duly authorized
official)
Place of endorsement
................................
Date of endorsement
...............................
(Seal or stamp of the Authority, as appropriate)
Intermediate survey
This is to certify that at an intermediate survey required by
Regulation 4(1)(c) of Annex I of the Convention, this ship
and the condition thereof are found to comply with the
relevant provisions of the Convention.
Signed .....................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
Signed.....................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
Under the provisions of Regulation 8(2) and (4) of Annex I of
the Convention the validity of this Certificate is extended
until
.................................................
Signed......................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
APPENDIX III
FORM OF OIL RECORD BOOK
OIL RECORD BOOK
I Ñ FOR OIL TANKERS1
1 This Part should be completed for oil tankers including
combination carriers and asphalt carriers, and those entries
which are applicable shall be completed for ships other than
oil tankers which are constructed and utilized to carry oil
in bulk of an aggregate capacity of 200 cubic metres or
above. This Part need not be reproduced on an Oil Record Book
issued to any ship other than those referred to above.
Name of ship .........................
Total cargo carrying capacity of ship in cubic metres
......................................................Voyage
..........(date).....to ............. (date)
a) Loading of oil cargo
1. Date and
place of
loading
2. Types of
oil loaded
3. Identity
of tank(s)
loaded
4. Closing
of applic-
able cargo
tank valves
and applic-
able line
cut-off
valves on
completion
of loading2
2 Applicable valves and similar devices are those referred to
in Regulations 20(2)(a)(iii), 23 and 24 of Annex I of the
Convention.
The undersigned certifies that in addition to the above, all
sea valves, overboard discharges valves, cargo tank and
pipeline connections and inter-connections, were secured on
completion of loading oil cargo.
Date of entry.......... Officer in charge..............
Master ........................
b) Internal transfer of oil cargo during voyage
5. Date of
internal transfer
6. Identity of
tank(s)
(i) From
(ii) To
7. Was(were)
tank(s) in 6(i)
emptied?
The undersigned certifies that in addition to the above, all
sea valves overboard discharge valves, cargo tank and
pipeline connections and inter-connections, were secured on
completion of internal transfer of oil cargo.
Date of entry............. Officer in charge...........
Master..................
c) Unloading of oil cargo
8. Date and place of unloading
9. Identity of tank(s) unloaded
10. Was(were) tank(s) emptied?
11. Opening of applicable cargo tank valves and applicable
line cut-off valves on completion of unloading2
12. Closing of applicable cargo tank valves and applicable
line cut off valves on completion of unloading2
2 Applicable valves and similar devices are those referred to
in Regulation 20(2)(a)(iii), 23 and 24 of Annex I of the
Convention.
The tank certifies that in addition to the above, all sea
valves, overboard discharge valves, cargo tank and pipeline
connections and inter-connections, were secured on completion
of unlo
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
London, 2 November 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment
in general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release
of oil and other harmful substances from ships constitutes a
serious source of pollution,
Recognizing also the importance of the International
Convention for the Prevention of 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,
Have agreed as follows:
Article 1
GENERAL OBLIGATIONS UNDER THE CONVENTION
1 The Parties to the Convention undertake to give effect to
the provisions of the present Convention and those Annexes
thereto by which they are bound, in order to prevent the
pollution of the marine environment by the discharge of
harmful substances or effluents containing such substances in
contravention of the Convention.
2. Unless expressly provided otherwise, a referrence to the
present Convention constitutes at the same time a reference
to its Protocol and to the Annexes.
Article 2
DEFINITIONS
For the purposes of the present Convention, unless expressly
provided otherwise:
1. "Regulations" means the Regulations contained in the
Annexes to the present Convention
2. "Harmful substance" means any substance which, if
introduced into the sea, is liable to create hazards to human
health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the
present Convention.
3. a) "Discharge", in relation to harmful substances or
effluents containing such substances, means any release
howsoever caused from a ship and includes any escape,
disposal, spilling, leaking, pumping, emitting or emptying;
b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, done at London on 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.
Article 3
APPLICATION
1. The present Convention shall apply to:
a) ships entitled to fly the flag of a Party to the
Convention; and
b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
2. Nothing in the present Article shall be construed as
derogating from or extending the sovereign rights of the
Parties under international law over the sea-bed and subsoil
thereof adjacent to their coasts for the purposes of
exploration and exploitation of their natural resources.
3. The present Convention shall not apply to any warship,
naval auxiliary or other ship owned or operated by a State
and used, for the time being only on government non-
commercial service. However, each Party shall ensure by the
adoption of appropriate measures not impairing the operations
or operational capabilities of such ships owned or operated
by it, that such ships act in a manner consistent, so far as
is reasonable and practiable, with the present Convention.
Article 4
VIOLATION
1. Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be
established therefor under the law of the Administration of
the ship concerned wherever the violation occurs. If the
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.
Article 5
CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS
1. Subject to the provisions of paragraph (2) of the present
Article a certificate issued under the authority of a Party
to the Convention in accordance with the provisions of the
Regulations shall be accepted by the other Parties and
regarded for all purposes covered by the present Convention
as having the same validity as a certificate issued by them.
2. A ship required to hold a certificate in accordance with
the provisions of the Regulations is subject, while in the
ports or off-shore terminals under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party. Any such inspection shall be limited to 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.
Article 6
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.
Article 7
UNDUE DELAY TO SHIPS
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.
Article 8
REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
1. A report of an incident shall be made without delay to the
fullest extent possible in accordance with the provisions of
Protocol I to the present Convention.
2. Each Party to the Convention shall:
a) make all arrangements necessary for an appropriate officer
or agency to receive and process all reports on incidents;
and
b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member
States of the Organization.
3. Whenever a Party receives a report under the provisions of
the present Article, 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.
Article 9
OTHER TREATIES AND INTERPRETATION
1. Upon its entry into force, the present Convention
supersedes the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954, as amended, as between
Parties to that Convention.
2. Nothing in the present Convention shall prejudice the
codification and development of the law of the sea by the
United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly
of the United Nations nor the present or future claims and
legal views of any State concerning the law of the sea and
the nature and extent of coastal and flag State jurisdiction.
3. The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the
time of application or interpretation of the present
Convention.
Article 10
SETTLEMENT OF DISPUTES
Any dispute between two or more Parties to the Convention
concerning the interpretation or application of the present
Convention shall, if settlement by negotiation between the
Parties involved has not been possible, and if these Parties
do not otherwise agree, be submitted upon request of any of
them to arbitration as set out in Protocol II to the present
Convention.
Article 11
COMMUNICATION OF INFORMATION
1. The Parties to the Convention undertake to communicate to
the Organization:
a) the text of laws, orders, decrees and regulations and
other instruments which have been promulgated on the various
matters within the scope of the present Convention;
b) a list of non-governmental agencies which are authorized
to act on their behalf in matters relating to the design,
construction and equipment of ships carrying harmful
substances in accordance with the provisions of the
Regulations;
c) a sufficient number of specimens of their certificates
issued under the provisions of the Regulations;
d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
e) official reports or summaries of official reports in so
far as they show the results of the application of the
present Convention; and
f) an annual statistical report, in a form standardized by
the Organization, of penalties actually imposed for
infringement of the present Convention.
2. The Organization shall notify Parties of the receipt of
any communications under the present Article and circulate to
all Parties any information communicated to it under sub-
paragraphs (1) (b) to (f) of the present Article.
Article 12
CASUALTIES TO SHIPS
1. Each Administration undertakes to conduct an investigation
of any casualty 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.
Article 13
SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
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.
Article 14
OPTIONAL ANNEXES
1. A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that
it does not accept any one or all of Annexes III, IV, and V
(hereinafter referred to as "Optional Annexes") of the
present Convention. Subject to the above, Parties to the
Convention shall be bound by any Annex in its entirety.
2. A State which has declared that it is not bound by an
Optional Annex may at any time accept such Annex by
depositing with the Organization an instrument of the kind
referred to in Article 13 (2).
3. A State which makes a declaration under paragraph (1) of
the present Article in respect of an Optional Annex and which
has not subsequently accepted that Annex in accordance with
paragraph (2) of the present Article shall not be under any
obligation nor entitled to claim any privileges under the
present Convention in respect of matters related to such
Annex and all 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.
Article 15
ENTRY INTO FORCE
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.
Article 16
AMENDMENTS
1. The present Convention may be amended by any of the
procedures specified in the following paragraphs.
2. Amendments after consideration by the Organization:
a) any amendment proposed by a Party to the Convention shall
be submitted to the Organization and circulated by its
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration;
b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for
consideration;
c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the
proceedings of the appropriate body;
d) amendments shall be adopted by a two-thirds majority of
only the Parties to the Convention present 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.
Article 17
PROMOTION OF TECHNICAL CO-OPERATION
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and 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.
Article 18
DENUNCIATION
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.
Article 19
DEPOSIT AND REGISTRATION
1. The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to all States which have signed
the present Convention or acceded to it.
2. As soon as the present Convention enters into force, the
text shall be transmitted by the Secretary-General of the
Organization to the Secretary-General of the United Nations
for registration and publication, in accordance with Article
102 of the Charter of the United Nations.
Article 20
LANGUAGES
The present Convention is established in a single copy in the
English, French, Russian and Spanish languages, each text
being equally authentic. Official translations in the Arabic,
German, Italian and Japanese languages shall be prepared and
deposited with the signed original.
In Witness Whereof the undersigned * being duly authorized by
their respective Governments for that purpose have signed the
present Convention.
* Signatures omitted.
Done at London this second day of November, one thousand nine
hundred and seventy-three.
PROTOCOL I
Provisions Concerning Reports on Incidents Involving
Harmful Substances
(in accordance with Article 8 of the Convention)
Article I
DUTY TO REPORT
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.
Article II
METHODS OF REPORTING
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.
Article III
WHEN TO MAKE REPORTS
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.
Article IV
CONTENTS OF REPORT
1. Each report shall contain in general:
a) the identity of the ship;
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.
Article V
SUPPLEMENTARY REPORT
Any person who is obliged under the provisions of this
Protocol to send a report shall. when possible:
a) supplement the initial report, as necessary, with
information concerning further developments; and
b) comply as fully as possible with requests from affected
States for additional information concerning the incident.
PROTOCOL II
Arbitration
(in accordance with Article 10 of the Convention)
Article I
Arbitration procedure, unless the Parties to the dispute
decide otherwise, shall be in accordance with the rules set
out in this Protocol.
Article II
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.
Article III
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.
Article IV
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.
Article V
The Tribunal may hear and determine counter-claims arising
directly out of the subject matter of this dispute.
Article VI
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.
Article VII
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.
Article VIII
Any Arbitration Tribunal established under the provision of
the present Protocol shall decide its own rules of procedure.
Article IX
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.
Article X
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.
ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Chapter I Ñ General
Regulation 1
DEFINITIONS
For the purposes of this Annex:
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 Ñ 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.
Regulation 2
APPLICATION
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.
Regulation 3
EQUIVALENTS
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.
Article 4
SURVEYS
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.
Regulation 5
ISSUE OF CERTIFICATE
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.
Regulation 6
ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT
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.
Regulation 7
FORM OF CERTIFICATE
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.
Regulation 8
DURATION OF CERTIFICATE
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.
Chapter II
REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
Regulation 9
CONTROL OF DISCHARGE OF OIL
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.
Regulation 10
METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE
OPERATING IN SPECIAL AREAS
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 are alleged to be inadequate.
b) Red Sea area and Gulfs area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as
soon as possible all oil loading terminals and repair ports
within these special areas are provided with facilities
adequate for the reception and treatment of all the dirty
ballast and tank washing water from 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 in sub-paragraphs (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) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of sub-paragraph
(b)(i) and (ii) of this paragraph. Upon receipt of sufficient
notifications the Organization shall establish a date from
which the requirements of this Regulation in respect of the
area in question shall take effect. The Organization shall
notify all Parties of the date so established no less than
twelve months in advance of that date.
(iv) During the period between the entry into force of the
present Convention and the date so established, ships while
navigating in the special area shall comply with the
requirements of Regulation 9 of this Annex.
(v) After such date oil tankers loading in ports in these
special areas where such facilities are not yet available
shall also fully comply with the requirements of this
Regulation. However, oil tankers entering these special areas
for the purpose of loading shall make every effort to enter
the area with only clean ballast on board.
(vi) After the date on which the requirements for the special
area in question take effect, each Party shall notify the
Organization for transmission to the Parties concerned of all
cases where the facilities are alleged to be inadequate.
(vii) At least the reception facilities as prescribed in
Regulation 12 of this Annex shall be provided by 1 January
1977 or one year after the date of entry into force of the
present Convention whichever occurs later.
Regulation 11
EXCEPTIONS
Regulations 9 and 10 of this Annex shall not apply to:
a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or
saving life at sea; or
b) the discharge into the sea of oil or oily mixture
resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the
discharge for the purpose of preventing or minimizing the
discharge; and
(ii) except if the owner or the Master acted either with
intent to cause damage, or recklessly and with knowledge that
damage would probably result; or
c) the discharge into the sea of substances containing oil,
approved by the Administration, when being used for the
purpose of combating specific pollution incidents in order to
minimize the damage from pollution. Any such discharge shall
be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
Regulation 12
RECEPTION FACILITIES
1. Subject to the provisions of Regulation 10 of this Annex,
the Government of each Party undertakes to ensure the
provision at oil loading terminals, repair ports, and in
other ports in which ships have oily residues to discharge,
of facilities for the reception of such residues and oily
mixtures as remain from oil tankers and other ships adequate
to meet the needs of the ships using them without causing
undue delay to ships.
2. Reception facilities in accordance with paragraph (1) of
this Regulation shall be provided in:
a) all ports and terminals in which crude oil is loaded into
oil tankers where such tankers have immediately prior to
arrival completed a ballast voyage of not more than 72 hours
or not more than 1,200 nautical miles;
b) all ports and terminals in which oil other than crude oil
in bulk is loaded at an average quantity of more than 1,000
metric tons per day;
c) all ports having ship repair yards or tank cleaning
facilities;
d) all ports and terminals which handle ships provided with
the sludge tank(s) required by Regulation 17 of this Annex:
e) all ports in respect of oily bilge waters and other
residues, which cannot be discharged in accordance with
Regulation 9 of this Annex; and
f) all loading ports for bulk cargoes in respect of oil
residues from combination carriers which cannot be discharged
in accordance with Regulation 9 of this Annex.
3. The capacity for the reception facilities shall be as
follows:
a) Crude oil loading terminals shall have sufficient
reception facilities to receive oil and oily mixtures which
cannot be discharged in accordance with the provisions of
Regulation 9(1)(a) of this Annex from all oil tankers on
voyages as described in paragraph (2) (a) of this Regulation.
b) Loading ports and terminals referred to in paragraph
(2)(b) of this Regulation shall have sufficient reception
facilities to receive oil and oily mixtures which cannot be
discharged in accordacne with the provisions of Regulation
9(1) (a) of this Annex from oil tankers which load oil other
than crude oil in bulk.
c) All ports having ship repair yards or tank cleaning
facilities shall have sufficient reception facilities to
receive all residues and oily mixtures which remain on board
for disposal from ships prior to entering such yards or
facilities.
d) All facilities provided in ports and terminals under
paragraph (2)(d) of this Regulation shall be sufficient to
receive all residues retained according to Regulation 17 of
this Annex from all ships that may reasonably be expected to
call at such ports and terminals.
e) All facilities provided in ports and terminals under this
Regulation shall be sufficient to receive oily bilge waters
and other residues which cannot be discharged in accordance
with Regulation 9 of this Annex.
f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination
carriers as appropriate.
4. The reception facilities prescribed in paragraphs (2) and
(3) of this Regulation shall be made available no later than
one year from the date of entry into force of the present
Convention or by 1 January 1977, whichever occurs later.
5. Each Party shall notify the Organization for transmission
to the Parties concerned of all cases where the facilities
provided under this Regulation are alleged to be inadequate.
Regulation 13
SEGREGATED BALLAST OIL TANKERS
1. Every new oil tanker of 70,000 tons deadweight and above
shall be provided with segregated ballast tanks and shall
comply with the requirements of this Regulation.
2. The capacity of the segregated ballast tanks shall be so
determined that the ship may operate safely on ballast
voyages without recourse to the use of oil tanks for water
ballast except as provided for in paragraph (3) of this
Regulation. In all cases, however, the capacity of segregated
ballast tanks shall be at least such that in any ballast
condition at any part of the voyage, including the conditions
consisting of lightweight plus segregated ballast only, the
ship's draughts and trim can meet each of the following
requirements:
a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be les
than:
dm = 2.0 + 0.02L;
b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm),
as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and
c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller(s).
3. In no case shall ballast water be carried in oil tanks
except in weather conditions so severe that, in the opinion
of the Master, it is necessary to carry additional ballast
water in oil tanks for the safety of the ship. Such
additional ballast water shall be processed and discharged in
compliance with Regulation 9 and in accordance with the
requirements of Regulation 15 of this Annex, and entry shall
be made in the Oil Record Book referred to in Regulation 20
of this Annex.
4. Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1) of
this Regulation may, however, be qualified as a segregated
ballast tanker, provided that in the case of an oil tanker of
150 metres in length and above it fully complies with the
requirements of paragraphs (2) and (3) of this Regulation and
in the case of an oil tanker of less than 150 metres in
length the segregated ballast conditions shall be to the
satisfaction of the Administration.
Regulation 14
SEGREGATION OF OIL AND WATER BALLAST
1. Except as provided in paragraph (2) of this Regulation, in
new ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage
and above, no ballast water shall be carried in any oil fuel
tank.
2. Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast
water which is not a clean ballast in any oil fuel tank, such
ballast water shall be discharged to reception facilities or
into the sea in compliance with Regulation 9 using the
equipment specified in Regulation 16 (2) of this Annex, and
an entry shall be made in the Oil Record Book to this effect.
3. All other ships shall comply with the requirements of
paragraph (1) of this Regulation as far as reasonable and
practicable.
Regulation 15
RETENTION OF OIL ON BOARD
1. Subject to the provisions of paragraphs (5) and (6) of
this Regulation, oil tankers of 150 tons gross tonnage and
above shall be provided with arrangements in accordance with
the requirements of paragraphs (2) and (3) of this
Regulation, provided that in the case of existing tankers the
requirements for oil discharge monitoring and control systems
and slop tank arrangements shall apply three years after the
date of entry into force of the present Convention.
2. a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residue and tank
washings from the cargo tanks into a slop tank approved by
the Administration. In existing oil tankers, any cargo tank
may be designated as a slop tank.
b) In this system arrangements shall be provided to transfer
the oily waste into a slop tank or combination of slop tanks
in such a way that any effluent discharged into the sea will
be such as to comply with the provisions of Regulation 9 of
this Annex.
c) The arrangements of the slop tank or combination of slop
tanks shall have a capacity necessary to retain the slops
generated by tank washing, oil residues and dirty ballast
residues but the total shall be not less than 3 per cent of
the oil carrying capacity of the ship, except that, where
segregated ballast tanks are provided in accordance with
Regulation 13 of this Annex, or where arrangements such as
eductors involving the use of water additional to the washing
water are not fitted, the Administration may accept 2 per
cent. New oil tankers over 70,000 tons deadweight shall be
provided with at least two slop tanks.
d) Slop tanks shall be designed particularly in respect of
the position of inlets, outlets, baffles or where fitted, so
as to avoid excessive turbulence and entrainment of oil or
emulsion with the water.
3. a) An oil discharge monitoring and control system approved
by the Administration shall be fitted. In considering the
design of the oil content meter to be incorported in the
system, the Administration shall have regard to the
specification recommended by the Organization.*
* Reference is made to "Clean Seas Guide for Oil Tankers",
published by the International Chamber of Shipping and the
Oil Companies International Marine Forum.
The system shall be fitted with a recording device to provide
a continuous record of the discharge in litres per nautical
mile and total quantity discharged, or the oil content and
rate of discharge. This record shall be identifiable as to
time and date and shall be kept for at least three years. The
oil discharge monitor and control system shall come into
operation when there is any discharge of effluent into the
sea and shall be such as will ensure that any discharge of
oily mixture is automatically stopped when the instantaneous
rate of discharge of oil exceeds that permitted by Regulation
9(1)(a) of this Annex. Any failure of this monitoring and
control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall
be provided and may be used in the event of such failure, but
the defective unit shall be made operable before the oil
tanker commences its next ballast voyage unless it is
proceeding to a repair port. Existing oil tankers shall
comply with all of the provisions specified above except that
the stopping of the discharge may be performed manually and
the rate of discharge may be estimated from the pump
characteristic.
b) Effective oil/water interface detectors approved by the
Administration shall be provided for a rapid and accurate
determination of the oil/water interface in slop tanks and
shall be available for use in other tanks where the
separation of oil and water is effected and from which it is
intended to discharge effluent direct to the sea.
c) Instructions as to the operation of system shall be in
accordance with an operational manual approved by the
Administration. They shall cover manual as well as automatic
operations and shall be intended to ensure that at no time
shall oil be discharged except in compliance with the
conditions specified in Regulation 9 of this Annex.*
* Reference is made to the Recommendation on International
Performance Specifications for Oily-Water Separating
Equipment and Oil Content Meters adopted by the Organization
by Resolution A.233 (VII).
4. The requirements of paragraphs (1), (2) and (3 ) of this
Regulation shall not apply to oil tankers of less than 150
tons gross tonnage, for which the control of discharge of oil
under Regulation 9 of this Annex shall be effected by the
retention of oil on board with subsequent discharge of all
contaminated washings to reception facilities. The total
quantity of oil and water used for washing and returned to a
storage tank shall be recorded in the Oil Record Book. This
total quantity shall be discharged to reception facilities
unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is
effectively monitored to ensure that the provision of
Regulation 9 of this Annex are complied with.
5. The Administration may waive the requirements of
paragraphs (1), (2) and (3) of this Regulation for any oil
tanker which engages exclusively on voyages both of 72 hours
or less in duration and within 50 miles from the nearest
land, provided that the oil tanker is not required to hold
and does not hold an International Oil Pollution Prevention
Certificate (1973). Any such waiver shall be subject to the
requirements that the oil tanker shall retain on board all
oily mixtures for subsequent discharge to reception
facilities and to the determination by the Administration
that facilities available to receive such oily mixtures are
adequate.
6. Where in the view of the Organization equipment required
by Regulation 9(1)(a)(vi) of this Annex and specified in sub-
paragraph (3)(a) of this Regulation is not obtainable for the
monitoring of discharge of light refined products (white
oils), the Administration may waive compliance with such
procedures established by the Organization which shall
satisfy the conditions of Regulation 9(1)(a) of this Annex
except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review
the availability of equipment at intervals not exceeding
twelve months.
7. The requirements of paragraphs (1), (2) and (3) of this
Regulation shall not apply to oil tankers carrying asphalt,
for which the control of discharge of asphalt under
Regulation 9 of this Annex shall be effected by the retention
of asphalt residues on board with discharge of all
contaminated washings to reception facilities.
Regulation 16
OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY-WATER
SEPARATING EQUIPMENT
1. Any ship of 400 tons gross tonnage and above shall be
fitted with an oily-water separating equipment or filtering
system complying with the provisions of paragraph (6) of this
Regulation. Any such ship which carries large quantities of
oil fuel shall comply with paragraph 2 of this Regulation or
paragraph (1) of Regulation 14.
2. Any ship of 10,000 tons gross tonnage and above shall be
fitted:
a) in addition to the requirements of paragraph (1) of this
Regulation with an oil discharge monitoring and control
system complying with paragraph (5) of this Regulation; or
b) as an alternative to the requirements of paragraph (1) and
sub-paragraph (2)(a) of this Regulation, with an oily-water
separating equipment complying with paragraph (6) of this
Regulation and an effective filtering system, complying with
paragraph (7) of this Regulation.
3. The Administration shall ensure that ships of less 400
tons gross tonnage are equipped, as far as practicable, to
retain on board oil or oily mixtures or discharge them in
accordance with the requirements of Regulation 9(1)(b) of
this Annex.
4. For existing ships the requirements of paragraphs (1),(2)
and (3) of this Regulation shall apply three years after the
date of entry into force of the present Convention.
5. An oil discharge monitoring and control system shall be of
a design approved by the Administration. In considering the
design of the oil content meter to be incorporated into the
system, the Administration shall have regard to the
specification recommended by the Organization.* The system
shall be fitted with a recording device to provide a
continuous record of the oil content in parts per million.
This record shall be identifiable as to time and date and
shall be kept for at least three years. The monitoring and
control system shall come into operation when there is any
discharge of effluent into the sea and shall be such as will
ensure that any discharge of oily mixture is automatically
stopped when the oil content of effluent exceeds that
permitted by Regulation 9(1)(b) of this Annex. Any failure of
this monitoring and control system shall stop the discharge
and be noted in the Oil Record Book. The defective unit shall
be made operable before the ship commences its next voyage
unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above
except that the stopping of the discharge may be performed
manually.
6. Only-water separating equipment or an oil filtering system
shall be of a design approved by the Administration and shall
be such as will ensure that any oily mixture discharged into
the sea after passing through the separator or filtering
systems shall have an oil content of not more than 100 parts
per million. In considering the design of such equipment, the
Administration shall have regard to the specification
recommended by the Organization.*
7. The oil filtering system referred to in paragraph (2)(b)
of this Regulation shall be of a design approved by the
Administration and shall be such that it will accept the
discharge from the separating system and produce an effluent
the oil content of which does not exceed 15 parts per
million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained.
Regulation 17
TANKS FOR OIL RESIDUES (SLUDGE)
1. Every ship of 400 tons gross tonnage and above shall be
provided with a tank or tanks of adequate capacity, having
regard to the type of machinery and length of voyage, to
receive the oily residues (sludges) which cannot be dealt
with otherwise in accordance with the requirements of this
Annex, such as those resulting from the purification of fuel
and lubricating oils and oil leakages in the machinery
spaces.
2. In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of
residues to reception facilities. Existing ships shall comply
with this requirement as far as is reasonable and
practicable.
Regulation 18
PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS
1. In every oil tanker, a discharge manifold for connexion to
reception facilities for the discharge of dirty ballast water
or oil contaminated water shall be located on the open deck
on both sides of the ship.
2. In every oil tanker, pipelines for the discharge to the
sea of effluent which may be permitted under Regulation 9 of
this Annex shall be led to the open deck or to the ship's
side above the waterline in the deepest ballast condition.
Different piping arrangements to permit operation in the
manner permitted in sub-paragraphs (4)(a) and (b) of this
Regulation may be accepted.
3. In new oil tankers means shall be provided for stopping
the discharge of effluent into the sea from a position on
upper deck or above located so that the manifold in use
referred to in paragraph (1) of this Regulation and the
effluent from the pipelines referred to in paragraph (2) of
this Regulation may be visually observed. Means for stopping
the discharge need not be provided at the observation
position if a positive communication system such as telephone
or radio system is provided between the observation position
and the discharge control position.
4. All discharges shall take place above the waterline except
as follows:
a) Segregated ballast and clean ballast may be discharged
below the waterline in ports or at offshore terminals.
b) Existing ships which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline provided
that an examination of the tank immediately before the
discharge has established that no contamination with oil has
taken place.
Regulation 19
STANDARD DISCHARGE CONNECTION
To enable pipes of reception facilities to be connected with
the ship's discharge pipeline for residues from machinery
bilges, both lines shall be fitted with a standard discharge
connection in accordance with the following table:
Standard Dimensions of Flanges for Discharge
Connections
Description Dimension
Outside diameter 215 mm
Inner diameter According to pipe
outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in
diameter equidistantly placed
on a bolt circle of the above
diameter, slotted to the
flange periphery. The slot
width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: 6, each of 20 mm in
quantity, diameter diameter and of suitable length
The flange is designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other
equivalent material having a flat face. This flange, together
with a gasket of oilproof material, shall be suitable for a
service pressure of 6 kg/cm1.
Regulation 20
OIL RECORD BOOK
1. Every oil tanker of 150 tons gross tonnage and above and
every ship of 400 tons gross tonnage and above other than oil
tanker shall be provided with an Oil Record Book, whether as
part of the ship's official log book or otherwise, in the
form specified in Appendix III to this Annex.
2. The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis, whenever any of the following
operations take place in the ship:
a) For oil tankers
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) opening or closing before and after loading and
unloading operations of valves or similar devices which
inter-connect cargo tanks;
(iv) opening or closing of means of communication between
cargo piping and seawater ballast piping;
(v) opening or closing of ship's side valves before, during
and after loading and unloading operations;
(vi) unloading of oil cargo;
(vii) ballasting of cargo tanks;
(viii) cleaning of cargo tanks;
(ix) discharge of ballast except from segregated ballast
tanks;
(x) discharge of water from slop tanks;
(xi) disposal of residues;
(xii) discharge overboard of bilge water which has
accumulated in machinery spaces whilst in port and the
routine discharge at sea of bilge water which has accumulated
in machinery spaces.
b) For ships other than oil tankers
(i) ballasting or cleaning of fuel oil tanks or oil cargo
spaces;
(ii) discharge of ballast or cleaning water from tanks
referred to under (i) of this sub-paragraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water which has accumulated
in machinery spaces whilst in port, and the routine discharge
at sea of bilge water which has accumulated in machinery
spaces.
3. In the event of such discharge of oil or oily mixture as
is referred to in Regulation 11 of this
Annex or in the event of accidental or other exceptional
discharge of oil not expected by that Regulation, a statement
shall be made in the Oil Record Book of the circumstances of,
and the reasons for the discharge.
4. Each operation described in paragraph (2) of this
Regulation shall be fully recorded without delay in the Oil
Record Book so that all the entries in the book appropriate
to that operation are completed. Each section of the book
shall be signed by the officer or officers in charge of the
operations concerned and shall be countersigned by the Master
of the ship. The entries in the Oil Record Book shall be in
an official language of the State whose flag the ship is
entitled to fly, and, for ships holding an International Oil
Pollution Prevention Certificate (1973), in English or
French. The entries in an official national language of the
State whose flag the ship is entitled to fly shall prevail in
case of a dispute or discrepancy.
5. The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and,
except in the case of unmanned ships under tow, shall be kept
on board the ship. It shall be preserved for a period of
three years after the last entry has been made.
6. The competent authority of the Government of a party to
the Convention may inspect the Oil Record Book on board any
ship to which this Annex applies while the ship is in its
port or offshore terminals and may take a copy of any entry
in that book and may require the Master of the ship to
certify that the copy is a true copy of such entry. Any copy
so made which has been certified by the Master of the ship as
a true copy of an entry in the ship's Oil Record Book shall
be made admissible in any judicial proceedings as evidence of
the facts stated in the entry. The inspection of an Oil
Record Book and the taking of a certified copy of the
competent authority under this paragraph shall be performed
as expeditiously as possible without causing the ship to be
unduly delayed.
Regulation 21
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS
Fixed and floating drilling rigs when engaged in the
exploration, exploitation and associated offshore processing
of sea-bed mineral resources and other platforms shall comply
with the requirements of this Annex applicable to ships of
400 tons gross tonnage and above other than oil tankers,
except that:
a) they shall be equipped as far as practicable with the
installations required in Regulations 16 and 17 of this
Annex;
b) they shall keep a record of all operations involving oil
or oily mixture discharges, in a form approved by the
Administration; and
c) in any special area and subject to the provisions of
Regulation 11 of this Annex, the discharge into the sea of
oil or oily mixture shall be prohibited except when the oil
content of the discharge without dilution does not exceed 15
parts per million.
Chapter III
REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGES
Regulation 22
DAMAGE ASSUMPTIONS
1. For the purpose of calculating hypothetical oil outflow
from oil tankers, three dimensions of the extent of damage of
a parallelepiped on the side and bottom of the ship are
assumed as follows. In the case of bottom damages two
conditions are set forth to be applied individually to the
stated portions of the oil tanker.
a) Side damage
(i) Longitudinal 1/3 L 2/3 or 14.5 metres,
extent (lc); whichever is less
(ii) Transverse B/5 or 11.5 metres,
extent (lc): whichever is less
(inboard from the
ship's side at right
angles to the
centre-line at the
level correspond-
ing to the assigned
summer freeboard)
(iii) Vertical from the base line
extent (vc): upwards without limit
b) Bottom damage
For 0.3L from Any other part
the forward of the ship
perpendicular
of the ship
(i) Long- L/10 L/10 or 5 metres,
itudinal whichever is less
extent (ls)
(ii) Trans- B/6 or 10 metres, 5 metres
verse whichever is less but not less
extent than 5 metres
(ts)
(iii) Vertical B or 6 metres,
extent
from the whichever is less
base
line (vs):
2. Whenever the symbols given in this Regulation
appear in this Chapter, they have the meaning as
defined in this Regulation.
Regulation 23
HYPOTHETICAL OUTFLOW OF OIL
1. The hypothetical outflow of oil in the case of side damage
(Oc) and bottom damage (Os) shall be calculated by the
following formulae with respect to compartments breached by
damage to all conceivable locations along the length of the
ship to the extent as defined in Regulation 22 of this Annex.
a) for side damages:
Oc = sigmaW1 + sigmaK1C1 (I)
b) for bottom damages:
Os = 1/3(sigmaZ1W1 + sigmaZ1C1) (II)
where:
Wi = volume of a wing tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Wi for a segregated ballast tank may be
taken equal to zero.
Ci = volume of a centre tank in cubic metres assumed to be
breached by the damage as specified in Regulation 22 of
this Annex; Ci for a segregated ballast tank may be
taken equal to zero.
Ki = 1 - bi/tc when bi is equal to or greater than
tc, Ki shall be taken equal to zero,
Zi = 1 - hi/vs when hi is equal to or greater than vs, Zi
shall be taken equal to zero,
bi= width of wing tank in metres under consideration measured
inboard from the ship's side at right angles to the
centreline at the level corresponding to the assigned
summer freeboard,
hi = minimum depth of the double bottom in metres under
consideration; where no double bottom is fitted hi shall
be taken to be equal to zero.
Whenever symbols given in this paragraph appear in the
Chapter, they have the meaning as defined in this Regulation.
2. If a void space or segregated ballast tank of a length
less than lc as defined in Regulation 22 of
this Annex is located between wing oil tanks, Oc in formula
(1) may be calculated on the basis of volume Wi being the
actual volume of one such tank (where they are of equal
capacity) or the smaller of the two tanks (if they differ in
capacity) adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a
collision the value of the actual full volume.
Si = 1 - li/lc
where li = length in metres of void space or segregated
ballast tank under consideration.
3. a) Credit shall only be given in respect of double bottom
tanks which are either empty or carrying clean water when
cargo is carried in the tanks above.
b) Where the double bottom does not extent for the full
length and width of the tank involved, the double bottom is
considered non-existent and the volume of the tanks above the
area of the bottom damage shall be included in formula (II)
even if the tank is not considered breached because of the
installation of such a partial double bottom.
c) Suction wells may be neglected in the determination of the
value hi provided such wells are not excessive in area and
extend below the tank for a minimum distance and in no case
more than half the height of the double bottom. If the depth
of such a well exceeds half the height of the double bottom,
hi shall be taken equal to the double bottom height minus the
well height.
Piping serving such wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connextion to the tank
served to prevent oil outflow in the event of damage to the
piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed
at sea at any time when the tank contains oil cargo, except
that they may be opened only for cargo transfer needed for
the purpose of trimming of the ship.
4. In the case where bottom damage simultaneously involves
four centre tanks, the value of Os may be calculated
according to the formula
Os = 1/4(sigmaZiWi + sigmaZiCi) (III)
5. An Administration may credit as reducing oil outflow in
case of bottom damage, an installed cargo transfer system
having an emergency high suction in each cargo oil tank,
capable of transferring from a breached tank or tanks to
segregated ballast tanks or to available cargo tankage if it
can be assured that such tanks will have sufficient ullage.
Credit for such a system would be governed by ability to
transfer in two hours of operation oil equal to one half of
the largest of the breached tanks involved and by
availability of equivalent receiving capacity in ballast or
cargo tanks. The credit shall be confined to permitting
calculation of Os according to formula (III). The pipes for
such suctions shall be installed at least at a height not
less than the vertical extent of the bottom damage vs. The
Administration shall supply the Organization with the
information concerning the arrangements accepted by it, for
circulation to other Parties to the Convention.
Regulation 24
LIMITATION OF SIZE AND ARRANGEMENT OF CARGO TANKS
1. Every new oil tanker shall comply with the provision of
this Regulation. Every existing oil tanker shall be required,
within two years after the date of entry into force of the
present Convention,
to comply with the provisions of this Regulation if such a
tanker falls into either of the following categories:
a) a tanker, the delivery of which is after 1 January 1977;
or
b) a tanker to which both the following conditions apply:
(i) delivery is not later than 1 January 1977; and
(ii) the building contract is placed after 1 January 1974, or
in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage
of construction after 30 January 1974.
2. Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow Oc or Os
calculated in accordance with the provisions of Regulation 23
of this Annex anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 x cube root of DW,
whichever is the greater, but subject to a maximum of 40,000
cubic metres.
3. The volume of any one wing cargo oil tank of an oil tanker
shall not exceed seventy-five per cent of the limits of the
hypothetical oil outflow referred to in paragraph (2) of this
Regulation. The volume of any one centre cargo oil tank shall
not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in Regulation 13 of this
Annex, the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding lc in
length, may be increased to the maximum limit of hypothetical
oil outflow provided that the width of the wing tanks exceeds
tc.
4. The length of each cargo tank shall not exceed 10 metres
or one of the following values, whichever is the greater:
a) where no longitudinal bulkhead is provided:
0.1L
b) where a longitudinal bulkhead is provided at the
centreline only:
0.15L
c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if bi Ñ B is equal to or greater than 1/5:
0.2L B
(2) if bi/B is less than 1/5:
Ñ where no centreline longitudinal bulkhead is
provided:
(0.5 bi/B + 0.1)L
Ñwhere a centreline longitudinal bulkhead is provided:
(0.25 bi/B + 0.15)L
5. In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this Regulation and
irrespective of the accepted type of cargo transfer system
installed, when such a system inter-connects two or more
cargo tanks, valves or
other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices
shall be closed when the tanker is at sea.
6. Lines of piping which run through cargo tanks
in a position less than tc from the ship's side or less than
vc from the ship's bottom shall be fitted with valves or
similar closing devices at the point at which they open into
any cargo tank. These valves shall be kept closed at sea at
any time when the tanks contain cargo oil, except that they
may be opened only for cargo transfer needed for the purpose
of trimming of the ship.
Regulation 25
SUBDIVISION AND STABILITY
1. Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of
this Regulation, after the assumed side or bottom damage as
specified in paragraph (2) of this Regualtion, for any
operating draught reflecting actual partial or full load
conditions consistent with trim and strength of the ship as
well as specific gravities of the cargo. Such damage shall be
applied to all conceivable locations along the length of the
ship as follows:
a) in tankers of more than 225 metres in length, anywhere in
the ship's length;
b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
involving either after or forward bulkhead bounding the
machinery space located aft. The machinery space shall be
treated as a single floodable compartment;
c) in tankers not exceeding 150 metres in length,
anywhere in the ship's length between adjacent transverse
bulkheads with the exception of the machinery space. For
tankers of 100 metres or less in length where all
requirements of paragraph (3) of this Regulation cannot be
fulfilled without materially impairing the operational
qualities of the ship, Administrations may allow relaxations
from these requirements.
Ballast conditions where the tanker is not carrying oil in
cargo tanks excluding any oil residues, shall not be
considered.
2. The following provisions regarding the extent and the
character of the assumed damage shall apply:
a) The extent of side or bottom damage shall be as specified
in Regulation 22 of this Annex, except that the longitudinal
extent of the bottom damage within 0.3L from the forward
perpendicular shall be the same as for side damage, as
specified in Regulation 22 (1)(a)(i) of this Annex. If any
damage of lesser extent results in a more severe condition
such damage shall be assumed.
b) Where the damage involving transverse bulkheads is
envisaged as specified in subparagraphs (1)(a) and (b) of
this Regulation, transverse watertight bulkheads shall be
spaced at least at a distance equal to the longitudinal
extent of assumed damage specified in sub-paragraph (a) of
this paragraph in order to be considered effective. Where
transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage shall be
assumed as non-existent for the purpose of determining
flooded compartments.
c) Where the damage between adjacent transverse watertight
bulkheads is envisaged as specified in sub-paragraph (1)(c)
of this Regulation, no main transverse bulkhead or a
transverse bulkhead bounding side tanks or double bottom
tanks shall be assumed damaged, unless:
(i) the spacing of the adjacent bulkheads is less than the
longitudinal extent of assumed damage specified in sub-
paragraph (a) of this paragraph; or
(ii) there is a step or a recess in a transverse bulkhead of
more than 3.05 metres in length, located within the extent of
penetration of assumed damage. The step forward by the after
peak bulkhead and after peak tank top shall not be regarded
as a step for the purpose of this Regulation.
d) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.
3. Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met:
a) The final waterline, taking into account sinkage, heel and
trim, shall be below the lower edge of any opening through
which progressive flooding may take place. Such openings
shall include air pipes and those which are closed by means
of weathertight doors or hatch covers and may exclude those
openings closed by means of watertight manhole covers and
flush scuttles, small watertight cargo tank hatch covers
which maintain the high integrity of the deck, remotely
operated watertight sliding doors, and side scuttles of the
non-opening type,
b) In the final stage of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs.
c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the
righting lever curve has at least a range of 20 degrees
beyond the position of equilibrium in association with a
maximum residual righting lever of at least 0.1 metre. The
Administration shall give consideration to the potential
hazard presented by protected or unprotected openings which
may become temporarily immersed within the range of residual
stability.
d) The Administration shall be satisfied that the stability
is sufficient during intermediate stages of flooding.
4. The requirements of paragraph (1) of this Regulation shall
be confirmed by calculations which take into consideration
the design characteristics of the ship, the arrangements,
configuration and contents of the damaged compartments; and
the distribution, specific gravities and the free surface
effect of liquids. The calculations shall be based on the
following:
a) Account shall be taken of any empty or partially filled
tank, the specific gravity of cargoes carried, as well as any
outflow of liquids from damaged compartments.
b) The permeabilities are assumed as follows:
Spaces Permeability
Appropriated to 0.60
stores
Occupied by 0.95
accommodation
Occupied by machinery 0.85
Voids 0.95
Intended for 0 to 0.95*
consumable liquids
Intended for 0 to 0.95**
other liquids
* Whichever results in the more severe requirements.
** The permeability of partially filled compartments shall be
consistent with the amount of liquid carried.
c) The buoyancy of any superstructure directly above the side
damage shall be disregarded. The unflooded parts of
superstructures beyond the extent of damage, however, may be
taken into consideration provided that they are separated
from the damaged space by watertight bulkheads and the
requirements of sub-paragraph (3)(a) of this Regulation in
respect of these intact spaces are complied with. Hinged
watertight doors may be acceptable in watertight bulkheads in
the superstructure.
d) The free surface effect shall be calculated at an angle of
heel of 5 degrees for each individual compartment. The
Administration may require or allow the free surface
corrections to be calculated at an angle of heel greater than
5 degrees for partially filled tanks.
e) In calculating the effect of free surfaces of consumable
liquids it shall be assumed that, for each type of liquid at
least one transverse pair or a single centreline tank has a
free surface and the tank or combination of tanks to be taken
into account shall be those where the effect of free surfaces
is the greatest.
5. The Master of every oil tanker and the person in charge of
a non-self-propelled oil tanker to which this Annex applies
shall be supplied in an approved form with:
a) information relative to loading and distribution of cargo
necessary to ensure compliance with the provisions of this
Regulation; and
b) data on the ability of the ship to comply with damage
stability criteria as determined by this Regulation,
including the effect of relaxations that may have been
allowed under sub-paragraph (1)(c) of this Regulation.
APPENDIX I
LIST OF OILS*
* The list of oils shall not necessarily be considered as
comprehensive.
Asphalt solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oils
Clarified
Crude Oil
Mixtures containing crude oil
Diesel Oil
Fuel Oil No. 4
Fuel Oil No. 5
Fuel Oil No. 6
Road Oil
Transformer Oil
Aromatic Oil (excluding vegetable oil)
Lubricating Oils and Blending Stocks
Mineral Oil
Motor Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Aklylates Ñ fuel
Reformates
Polymer Ñ fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Fuel Oil No. 1 (Kerosene)
Fuel Oil No. 1-D
Fuel Oil No. 2
Fuel Oil No. 2-D
Jet Fuels
JP-1 (Kerosene)
JP-3
JP-4
JP-5 (Kerosene, Heavy)
Turbo Fuel
Kerosene
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
APPENDIX II
Form of Certificate
INTERNATIONAL OIL PREVENTION CERTIFICATE (1973)
Issued under the Provisions of the International Convention
for the Prevention of Pollution from Ships, 1973, under the
Authority of the Government of
...................................................
(full designation of the country)
by ............................................... (full
designation of the competent person or organization
authorized under the provisions of the International
Convention for the Prevention of Pollution from Ships, 1973)
Name of Ship Number or
Distinctive
Letter Port of
Registry Gross Tonnage
Type of ship:
Oil tanker, including combination carrier*
* Delete as appropriate
Asphalt carrier*
Ship other than oil tanker with cargo tanks coming under
Regulation 2(2) of Annex I of the Convention* Ship other than
any of the above*
New/existing ship*
Date of building or major conversion contract..............
.........................................................
Date on which keel was laid or ship was at a similar stage of
construction or on which major conversion was
commenced....................................................
..................
Date of delivery or completion of major conversion........
......................................................
PART A
ALL SHIPS
The ship is equipped with:
for ships of 400 tons gross tonnage and above:
a) oily-water separating equipment* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million) or
* Delete as appropriate
b) an oil filtering system* (capable of producing the
effluent with an oil content not exceeding 100 parts per
million)
for ships of 10,000 tons gross tonnage and above:
c) an oil discharge monitoring and control system*
(additional to (a) or(b) above) or
d) oil-water separating equipment and an oil filtering
system* (capable of producing the effluent with an oil
content not exceeding 15 pars per million) in lieu of (a) or
(b) above.
Particulars of requirement from which exemption is granted
under Regulation 2(2) and 2(4)(a) of Annex I of the
Convention:
...................................................
...................................................
Remarks:
PART B
OIL TANKER
Deadweight ..................metric tons. Length of
ship............... metres.
It is certified that this ship is:
a) required to be constructed according to and complies with
b) not required to be constructed according to
c) nor required to be constructed according to, but complies
with the requirements of Regulation 24 of Annex I of the
Convention.
The capacity of segregated ballast tanks
is...................................cubic metres and
complies with the requirements of Regulation 24 of Annex I of
the Convention
The segregated ballast is distributed as follows:
Tank Quantity Tank Quantity
This Part should be completed for oil tankers including
combination carriers and asphalt carriers, and those entries
which are applicable should be completed for ships other than
oil tankers which are constructed and utilized to carry oil
in bulk of an aggregate capacity of 200 cubic metres or
above.
2 This page need not be reproduced on a Certificate issued to
any ship other than those referred to in footnote.1
3 Delete as appropriate
THIS IS TO CERTIFY:
That the ship has been surveyed in accordance with Regulation
4 of Annex I of the International Covention for the
Prevention of Pollution from Ships, 1973, concerning the
prevention of pollution of oil; and
That the survey shows that the structure, equipment,
fittings, arrangements and material of the ship and the
condition thereof are in all respects, satisfactory and that
the ship complies with the applicable requirements of Annex I
of the Convention.
This Certificate is valid until............................
subject to intermediate survey(s) at intervals of .........
Issued at.................................................
(place of issue of Certificate)
........................19.... ............................
(Signature of duly
authorized official issuing
the Certificate)
(Seal or stamp of the issuing Authority, as appropriate)
Endorsement for existing ships4
4 This entry need not be reproduced on a Certificate other
than the first Certificate issued to any ship.
This is to certify that this ship has been so equipped as to
comply with the requirements of the International Convention
for the Prevention of Pollution from Ships, 1973 as relating
to existing ships three years from the date of entry into
force of the Convention.
signed ....................
signed......................
(Signature of duly authorized
official)
Place of endorsement
................................
Date of endorsement
...............................
(Seal or stamp of the Authority, as appropriate)
Intermediate survey
This is to certify that at an intermediate survey required by
Regulation 4(1)(c) of Annex I of the Convention, this ship
and the condition thereof are found to comply with the
relevant provisions of the Convention.
Signed .....................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
Signed.....................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
Under the provisions of Regulation 8(2) and (4) of Annex I of
the Convention the validity of this Certificate is extended
until
.................................................
Signed......................
(Signature of duly authorized
official)
Place.................
Date.................
(Seal or stamp of the Authority,
as appropriate)
APPENDIX III
FORM OF OIL RECORD BOOK
OIL RECORD BOOK
I Ñ FOR OIL TANKERS1
1 This Part should be completed for oil tankers including
combination carriers and asphalt carriers, and those entries
which are applicable shall be completed for ships other than
oil tankers which are constructed and utilized to carry oil
in bulk of an aggregate capacity of 200 cubic metres or
above. This Part need not be reproduced on an Oil Record Book
issued to any ship other than those referred to above.
Name of ship .........................
Total cargo carrying capacity of ship in cubic metres
......................................................Voyage
..........(date).....to ............. (date)
a) Loading of oil cargo
1. Date and
place of
loading
2. Types of
oil loaded
3. Identity
of tank(s)
loaded
4. Closing
of applic-
able cargo
tank valves
and applic-
able line
cut-off
valves on
completion
of loading2
2 Applicable valves and similar devices are those referred to
in Regulations 20(2)(a)(iii), 23 and 24 of Annex I of the
Convention.
The undersigned certifies that in addition to the above, all
sea valves, overboard discharges valves, cargo tank and
pipeline connections and inter-connections, were secured on
completion of loading oil cargo.
Date of entry.......... Officer in charge..............
Master ........................
b) Internal transfer of oil cargo during voyage
5. Date of
internal transfer
6. Identity of
tank(s)
(i) From
(ii) To
7. Was(were)
tank(s) in 6(i)
emptied?
The undersigned certifies that in addition to the above, all
sea valves overboard discharge valves, cargo tank and
pipeline connections and inter-connections, were secured on
completion of internal transfer of oil cargo.
Date of entry............. Officer in charge...........
Master..................
c) Unloading of oil cargo
8. Date and place of unloading
9. Identity of tank(s) unloaded
10. Was(were) tank(s) emptied?
11. Opening of applicable cargo tank valves and applicable
line cut-off valves on completion of unloading2
12. Closing of applicable cargo tank valves and applicable
line cut off valves on completion of unloading2
2 Applicable valves and similar devices are those referred to
in Regulation 20(2)(a)(iii), 23 and 24 of Annex I of the
Convention.
The tank certifies that in addition to the above, all sea
valves, overboard discharge valves, cargo tank and pipeline
connections and inter-connections, were secured on completion
of unloading of oil cargo.
Date of entry...........Officer in charge..............
Master .......................
d) Ballasting of cargo tanks
13. Identity of tank(s) ballasted
14. Date and position of ship at start of ballasting
15. If valves connecting cargo lines and segregated ballast
lines were used give time, date and position of ship when
valves were (a) opened, and (b) closed
The undersigned certifies that in addition to the above, all
sea valves, overboard discharge valves, cargo tank and
pipeline connections and inter-connections, were secured on
completion of unloading of oil cargo.
Date of entry.............. Officer in charge................
Master ......................
e) Cleaning of cargo tanks
16. Identity of tank(s) cleaned
17. Date and duration of cleaning
18. Methods of cleaning3
3 Hand hosing, machine washing and/or chemical cleaning.
Where chemically cleaned, the chemical concerned and the
amount used should be stated.
Date of entry...............Officer in charge ............
Master ......................
f) Discharge of dirty ballast
19. Identity of tank(s)
20. Date and position of ship at start of discharge to sea
21. Date and position of ship at finish of discharge to sea
22. Ship's speed(s) during discharge
23. Quantity discharged to sea
24. Quantity of polluted water transferred to slop tank(s)
(identify slop tank(s)
25. Date and port of discharge into shore reception
facilities (if applicable)
26. Was any part of the discharge conducted during darkness,
if so, for how long?
27. Was a regular check kept on the effluent and the surface
of the water in the locality of the discharge?
28. Was any oil observed on the surface of the water in the
locality of the discharge?
Date of entry............. Officer in charge .............
Master.........................
g) Discharge of water from slop tanks
29. Identity of slop tank(s)
30. Time of settling from last entry of residues, or
31. Time of settling from last discharge
32. Date, time and position of ship at start of discharge
33. Sounding of total contents at start of discharge
34. Sounding of oil/water interface at start of discharge
35. Bulk quantity discharged and rate of discharge
36. Final quantity discharged and rate of discharge
37. Date, time and position of ship at end of discharge
38. Ship's speed(s) during discharge
39. Sounding of oil/water interface at end of discharge
40. Was any part of the discharge conducted during darkness,
if so, for how long?
41. Was a regular check kept on the effluent and surface of
the water in the locality of the discharge?
42. Was any oil observed on the surface of the water in the
locality of the discharge?
Date of entry............. Officer in charge .............
Master.........................
h) Disposal of residues
43. Identity of tank(s)
44. Quantity disposed from each tank
45. Method of disposal of residue:
(a) Reception of facilities
(b) Mixed with cargo
(c) Transferred to another (other)
tank(s) (identify tank(s)
(d) Other method (state which)
46. Date and port of disposal of residue
Date of entry............. Officer in charge .............
Master.........................
i) Discharge of clean ballast contained in cargo tanks
47. Date and position of ship at commencement of discharge of
clean ballast
48. Identity of tank(s) discharged
49. Was(were) the tank(s) empty on completion?
50. Position of vessel on completion if different from 47
51. Was any part of the discharge conducted during darkness,
if so, for how long?
52. Was a regular check kept on the effluent and the surface
of the water in the locality of the discharge?
53. Was any oil observed on the surface of the water in the
locality of the discharge?
Date of entry............. Officer in charge .............
Master.........................
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 London, 2 November 1973 The Parties to the Convention, Being conscious of the need to preserve the human environment in general and the marine environment in particular, Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, Recognizing also the importance of the International Convention for the Prevention of 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, Have agreed as follows: Article 1 GENERAL OBLIGATIONS UNDER THE CONVENTION 1 The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention. 2. Unless expressly provided otherwise, a referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes. Article 2 DEFINITIONS For the purposes of the present Convention, unless expressly provided otherwise: 1. "Regulations" means the Regulations contained in the Annexes to the present Convention 2. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. 3. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; b) "Discharge" does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 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. Article 3 APPLICATION 1. The present Convention shall apply to: a) ships entitled to fly the flag of a Party to the Convention; and b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. 2. Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. 3. The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being only on government non- commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practiable, with the present Convention. Article 4 VIOLATION 1. Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the 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. Article 5 CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 1. Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. 2. A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to 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. Article 6 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. Article 7 UNDUE DELAY TO SHIPS 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. Article 8 REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 1. A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. 2. Each Party to the Convention shall: a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. 3. Whenever a Party receives a report under the provisions of the present Article, 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. Article 9 OTHER TREATIES AND INTERPRETATION 1. Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. 2. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 3. The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 SETTLEMENT OF DISPUTES Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 COMMUNICATION OF INFORMATION 1. The Parties to the Convention undertake to communicate to the Organization: a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; d) a list of reception facilities including their location, capacity and available facilities and other characteristics; e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. 2. The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub- paragraphs (1) (b) to (f) of the present Article. Article 12 CASUALTIES TO SHIPS 1. Each Administration undertakes to conduct an investigation of any casualty 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. Article 13 SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 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. Article 14 OPTIONAL ANNEXES 1. A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV, and V (hereinafter referred to as "Optional Annexes") of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. 2. A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2). 3. A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all 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. Article 15 ENTRY INTO FORCE 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. Article 16 AMENDMENTS 1. The present Convention may be amended by any of the procedures specified in the following paragraphs. 2. Amendments after consideration by the Organization: a) any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; b) any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; d) amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present 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. Article 17 PROMOTION OF TECHNICAL CO-OPERATION The Parties to the Convention shall promote in consultation with the Organization and other international bodies, with assistance and 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. Article 18 DENUNCIATION 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. Article 19 DEPOSIT AND REGISTRATION 1. The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. 2. As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article 20 LANGUAGES The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. In Witness Whereof the undersigned * being duly authorized by their respective Governments for that purpose have signed the present Convention. * Signatures omitted. Done at London this second day of November, one thousand nine hundred and seventy-three. PROTOCOL I Provisions Concerning Reports on Incidents Involving Harmful Substances (in accordance with Article 8 of the Convention) Article I DUTY TO REPORT 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. Article II METHODS OF REPORTING 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. Article III WHEN TO MAKE REPORTS 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. Article IV CONTENTS OF REPORT 1. Each report shall contain in general: a) the identity of the ship; 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. Article V SUPPLEMENTARY REPORT Any person who is obliged under the provisions of this Protocol to send a report shall. when possible: a) supplement the initial report, as necessary, with information concerning further developments; and b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II Arbitration (in accordance with Article 10 of the Convention) Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II 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. Article III 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. Article IV 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. Article V The Tribunal may hear and determine counter-claims arising directly out of the subject matter of this dispute. Article VI 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. Article VII 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. Article VIII Any Arbitration Tribunal established under the provision of the present Protocol shall decide its own rules of procedure. Article IX 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. Article X 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. ANNEX I REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Chapter I Ñ General Regulation 1 DEFINITIONS For the purposes of this Annex: 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 Ñ 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. Regulation 2 APPLICATION 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. Regulation 3 EQUIVALENTS 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. Article 4 SURVEYS 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. Regulation 5 ISSUE OF CERTIFICATE 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. Regulation 6 ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 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. Regulation 7 FORM OF CERTIFICATE 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. Regulation 8 DURATION OF CERTIFICATE 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. Chapter II REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Regulation 9 CONTROL OF DISCHARGE OF OIL 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. Regulation 10 METHODS FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS WHILE OPERATING IN SPECIAL AREAS 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.