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Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)

Schedule

International Convention for the Prevention of Pollution from Ships, 1973

Protocol of 1978

Relating to the International Convention for the Prevention of Pollution from Ships, 1973

 

PROTOCOL OF 1978

 

RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

 

Done at London: 17 February 1978

Accession: 28 November 1984

 

THE PARTIES TO THE PRESENT PROTOCOL,

 

RECOGNIZING the significant contribution which can be made by the International Convention for the Prevention of Pollution from Ships, 1973 (1), to the protection of the marine environment from pollution from ships,

 

RECOGNIZING ALSO the need to improve further the prevention and control of marine pollution from ships, particularly oil tankers,

 

RECOGNIZING FURTHER the need for implementing the Regulations for the Prevention of Pollution by Oil contained in Annex I of that Convention as early and as widely as possible,

 

ACKNOWLEDGING however the need to defer the application of Annex II of that Convention until certain technical problems have been satisfactorily resolved,

 

CONSIDERING that these objectives may best be achieved by the conclusion of a Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973,

 

HAVE AGREED as follows:

 

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 was received and the date on which the denunciation takes effect;
(iv) any decision 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

Languages

 

The present Protocol is established in a single original 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 Protocol.

 

DONE AT LONDON this seventeenth day of February one thousand nine hundred and seventy-eight.

 

 

                                                                                             

1 See Miscellaneous Series No. 26 (1974), Cmnd. 5748 p. 9.

 

Annexes : Regulations