Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships

Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships

 

Article I

GENERAL OBLIGATIONS

1. The Parties to the present Protocol undertake to give
effect to the provisions of:

a) the present Protocol and the Annex hereto which shall
constitute an integral part of the present Protocol; and

b) the International Convention for the Prevention of
Pollution from Ships, 1973 (hereinafter referred to as “the
Convention”), subject to the modifications and additions set
out in the present Protocol.

2. The provisions of the Convention and the present Protocol
shall be read and interpreted together as one single
instrument.

3. Every reference to the present Protocol constitutes at the
same time a reference to the Annex hereto.

Article II

IMPLEMENTATION OF ANNEX II OF THE CONVENTION

1. Notwithstanding the provisions of Article 14(1) of the
Convention, the Parties to the present Protocol agree that
they shall not be bound by the provisions of Annex II of the
Convention for a period of three years from the date of entry
into force of the present Protocol or for such longer period
as may be decided by a two-thirds majority of the Parties to
the present Protocol in the Marine Environment Protection
Committee (hereinafter referred to as “the Committee”) of the
Inter-Governmental Maritime Consultative Organization
(hereinafter referred to as “the Organization”).

2. During the period specified in paragraph 1 of
this Article, the Parties to the present Protocol shall not
be under any obligations nor entitled to claim any privileges
under the Convention in respect of matters relating to Annex
II of the Convention and all reference to Parties in the
Convention shall not include the Parties to the present
Protocol in so far as matters relating to that Annex are
concerned.

Article III

COMMUNICATION OF INFORMATION

The text of Article 11(1)(b) of the Convention is replaced by
the following:

“a list of nominated surveyors or recognized organizations
which are authorized to act on their behalf in the
administration of matters relating to the design,
construction, equipment and operation of ships carrying
harmful substances in accordance with the provisions of the
Regulations for circulation to the Parties for information of
their officers. The Administration shall therefore notify the
Organization of the specific responsibilities and conditions
of the authority delegated to nominated surveyors or
recognized organizations.”

Article IV

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. The present Protocol shall be open for signature at the
Headquarters of the Organization from 1 June 1978 to 31 May
1979 and shall thereafter remain open for accession. States
may become Parties to the present Protocol by:

a) signature without reservation as to ratification,
acceptance or approval; or

b) signature, subject to ratification, acceptance or
approval, followed by ratification, acceptance or approval;
or

c) accession.

2. Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with
the Secretary-General of the Organization.

Article V

ENTRY INTO FORCE

1. The present Protocol shall enter into force twelve months
after the date on which not less than fifteen States, the
combined merchant fleets of which constitute not less than
fifty per cent of the gross tonnage of the world’s merchant
shipping, have become Parties to it in accordance with
Article IV of the present Protocol.

2. Any instrument of ratification, acceptance, approval or
accession deposited after the date on which the present
Protocol enters into force shall take effect three months
after the date of deposit.

3. After the date on which an amendment to the present
Protocol is deemed to have been accepted in accordance with
Article 16 of the Convention, any instrument of ratification,
acceptance, approval or accession deposited shall apply to
the present Protocol as amended.

Article VI

AMENDMENTS

The procedures set out in Article 16 of the Convention in
respect of amendments to the Articles, an Annex and an
Appendix to an Annex of the Convention shall apply
respectively to amendments to the Articles, the Annex and an
Appendix to the Annex of the present Protocol.

Article VII

DENUNCIATION

1. The present Protocol may be denounced by any Party to the
present Protocol at any time after the expiry of five years
from the date on which the Protocol enters into force for
that Party.

2. Denunciation shall be effected by the deposit of an
instrument of denunciation with the Secretary-General of the
Organization.

3. A denunciation shall take effect twelve months after
receipt of the notification by the Secretary-General of the
Organization or after the expiry of any other longer period
which may be indicated in the notification.

Article VIII

DEPOSITARY

1. The present Protocol shall be deposited with the
Secretary-General of the Organization (hereinafter referred
to as “the Depositary”).

2. The Depositary shall:

a) inform all States which have signed the present Protocol
or acceded thereto of:

(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together
with the date thereof;

(ii) the date of entry into force of the present Protocol;

(iii) the deposit of any instrument of denunciation of the
present Protocol together with the date on which it is
received and the date on which the denunciation takes effect.

(iv) any decisions made in accordance with Article II(1) of
the present Protocol;

b) transmit certified true copies of the present Protocol to
all States which have signed the present Protocol or acceded
thereto.

3. As soon as the present Protocol enters into force, a
certified true copy thereof shall be transmitted by the
Depositary to the Secretariat of the United Nations for
registration and publication in accordance with Article 102
of the Charter of the United Nations .

Article IX

LANGUAGE

The present Protocol is established in a single original in
the English, French, Russian and Spanish language, 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 Protocol.

Done at London this seventeenth day of February one thousand
nine hundred and seventy-eight.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations.


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