International Convention for the Prevention of Pollution of the Sea by Oil

 

Article X

1. Any Contracting Government may furnish to the Government of
the relevant territory in respect of the ship in accordance
with paragraph (1) of Article II particulars in writing of
evidence that any provision of the present Convention has been
contravened in respect of that ship, wheresoever the alleged
contravention may have taken place. If it is practicable to do
so, the competent authorities of the former Government shall
notify the master of the ship of the alleged contravention.

2. Upon receiving such particulars, the Government so informed
shall investigate the matter, and may request the other
Government to furnish further or better particulars of the
alleged contravention. If the Government so informed is
satisfied that sufficient evidence is available in the form
required by its law to enable proceedings against the owner or
master of the ship to be taken in respect of the alleged
contravention, it shall cause such proceedings to be taken as
soon as possible. The Government shall promptly inform the
Government whose official has reported the alleged
contravention, as well as the Organization, of the action
taken as a consequence of the information communicated.

Article XI

Nothing in the present Convention shall be construed as
derogating from the powers of any Contracting Government to
take measures within its jurisdiction in respect of any matter
to which the Convention relates or as extending the
jurisdiction of any Contracting Government.

Article XII

Each Contracting Government shall send to the Bureau and to
the appropriate organ of the United Nations:

a) the text of laws, decrees, orders and regulations in force
in its territories which give effect to the present
Convention;

b) all official reports or summarises of official reports in
so far as they show the results of the application of the
provisions of the Convention, provided always that such
reports or summaries are not, in the opinion of that
Government, of a confidential nature.

Article XIII

Any dispute between Contracting Governments relating to the
interpretation or application of the present Convention which
cannot be settled by negotiation shall be referred at the
request of either party to the International Court of Justice
for decision unless the parties in dispute agree to submit it
to arbitration.

Article XIV

1. The present Convention shall remain open for signature for
three months from this day’s date and shall thereafter remain
open for acceptance.

2. Subject to Article XV, the Governments of States Members of
the United Nations or of any of the Specialized Agencies or
parties to the Statute of the International Court of Justice
may become parties to the present Convention by:

a) signature without reservation as to acceptance;
b) signature subject to acceptance followed by acceptance; or
c) acceptance.

3. Acceptance shall be effected by the deposit of an
instrument of acceptance with the Bureau, which shall inform
all Governments that have already signed or accepted the
present Convention of each signature and deposit of an
acceptance and of the date of such signature or deposit.

Article XV

1. The present Convention shall come into force twelve months
after the date on which not less than ten Governments have
become parties to the Convention, including five Governments
of countries each with not less than 500,000 gross tons of
tanker tonnage.

2. a) For each Government which signs the Convention without
reservation as to acceptance or accepts the Convention before
the date on which the Convention comes into force in
accordance with paragraph (1) of this Article it shall come
into force on that date. For each Government which accepts the
Convention on or after that date, it shall come into force
three months after the date of the deposit of that
Government’s acceptance.
b) The Bureau shall, as soon as possible, inform all
Governments which have signed or accepted the Convention of
the date on which it will come into force.

Article XVI

1. a) The present Convention may be amended by unanimous
agreement between the Contracting Governments.
b) Upon request of any Contracting Government a proposed
amendment shall be communicated by the Organization to all
Contracting Governments for consideration and acceptance under
this paragraph.

2. a) An amendment to the present Convention may be proposed
to the Organization at any time by any Contracting Government,
and such proposal if adopted by a two-thirds majority of the
Assembly of the Organization upon recommendation adopted by a
two-thirds majority of the Maritime Safety Committee of the
Organization shall be communicated by the Organization to all
Contracting Governments for their acceptance.
b) Any such recommendation by the Maritime Safety Committee
shall be communicated by the Organization to all Contracting
Governments for their consideration at least six months before
it is considered by the Assembly.

3. a) A conference of Governments to consider amendments to
the present Convention proposed by any Contracting Government
shall at any time be convened by the Organization upon the
request of one-third of the Contracting Governments.
b) Every amendment adopted by such conference by a two-thirds
majority of the Contracting Governments shall be communicated
by the Organization to all Contracting Governments for their
acceptance.

4. Any amendment communicated to Contracting Governments for
their acceptance under paragraph (2) or (3) of this Article
shall come into force for all Contracting Governments except
those which before it comes into force make a declaration that
they do not accept the amendment, twelve months after the date
on which the amendment is accepted by two-thirds of the
Contracting Governments.

5. The Assembly, by a two-thirds majority vote including
two-thirds of the Governments represented on the Maritime
Safety Committee, and subject to the concurrence of two-thirds
of the Contracting Governments to the present Convention, or a
conference convened under paragraph (3) of this Article by a
two-thirds majority vote, may determine at the time of its
adoption that the amendment is of such an important nature
that any Contracting Government which makes a declaration
under paragraph (4) of this Article and which does not accept
the amendment within a period of twelve months after the
amendment comes into force, shall, upon the expiry of this
period, cease to be a party to the present Convention.

6. The Organization shall inform all Contracting Governments
of any amendments which come into force under this Article,
together with the date on which such amendments shall come
into force.

7. Any acceptance or declaration under this Article shall be
made by a notification in writing to the Organization which
shall notify all Contracting Governments of the receipt of the
acceptance or declaration.

Article XVII

1. The present Convention may be denounced by any Contracting
Government at any time after the expiration of a period of
five years from the date on which the Convention comes into
force for that Government.

2. Denunciation shall be effected by a notification in writing
addressed to the Bureau which shall notify all the Contracting
Governments of any denunciation received and of the date of
its receipt.

3. A denunciation shall take effect twelve months, or such
longer period as may be specified in the notification, after
its receipt by the Bureau.

Article XVIII

1. a) The United Nations in cases where they are the
administering authority for a territory or any Contracting
Government responsible for the international relations of a
territory shall as soon as possible consult with such
territory in an endeavour to extend the present Convention to
that territory and may at any time by notification in writing
given to the Bureau declare that the Convention shall extend
to such territory.
b) The present Convention shall from the date of the receipt
of the notification or from such other date as may be
specified in the notification extend to the territory named
therin.

2. a) The United Nations in cases where they are the
administering authority for a territory or any Contracting
Government which has made a declaration under paragraph (1) of
this Article, at any time after the expiry of a period of five
years from the date on which the present Convention has been
so extended to any territory, may by a notification in writing
given to the Bureau after consultation with such territory
declare that the Convention shall cease to extend to any such
territory named in the notification.
b) The present Convention shall cease to extend to any
territory mentioned in such notification one year, or such
longer period as may be specified therein, after the date of
receipt of the notification by the Bureau.

3. The Bureau shall inform all the Contracting Governments of
the extension of the present Convention to any territory under
paragraph (1) of this Article, and of the termination of any
such extension under the provisions of paragraph (2) stating
in each case the date from which the Convention has been or
will cease to be so extended.

Article XIX

1. In case of war or other hostilities, a Contracting
Government which considers that it is affected. whether as a
belligerent or as a neutral, may suspend the operation of the
whole or any part of the present Convention in respect of all
or any of its territories. The suspending Government shall
immediately give notice of any such suspension to the Bureau.

2. The suspending Government may at any time terminate such
suspension and shall in any event terminate it as soon as it
ceases to be justified under paragraph (1) of this Article.
Notice of such termination shall be given immediately to the
Bureau by the Government concerned.

3. The Bureau shall notify all the Contracting Governments of
any suspension or termination of suspension under this
Article.

Article XX

As soon as the present Convention comes into force it shall be
registered by the Bureau with the Secretary-General of the
United Nations.

Article XXI

The duties of the Bureau shall be carried out by the
Government of the United Kingdom of Great Britain and Northern
Ireland* unless and until the Inter-Governmental Maritime
Consultative Organization comes into being and takes over the
duties assigned to it under the Convention signed at Geneva on
the 6 March 1948, and thereafter the duties of the Bureau
shall be carried out by the said Organization.

Author: international

Mentioned in these Entries

International Court of Justice, Statute of the International Court of Justice.