PROTOCOL 1988
}RELATING TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974
THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the International Convention for the Safety of
Life at Sea, done at London on 1 November 1974,
RECOGNIZING the need for the introduction into the above-mentioned
Convention of provisions for survey and certification harmonized with
corresponding provisions in other international instruments,
CONSIDERING that need may best be met by the conclusion of a Protocol
relating to the International Convention for the Safety of Life at Sea, 1974,
HAVE AGREED as follows:
ARTICLE I.
General obligations
1. The Parties to the present Protocol undertake to give effect to
the provisions of the present Protocol and the Annex hereto, which shall
constitute an integral part of the present Protocol. Every reference to the
present Protocol constitutes at the same time a reference to the Annex hereto.
2. As between the Parties to the present Protocol, the provisions
of the International Convention for the Safety of Life at Sea, 1974, as
amended, (hereinafter referred to as "the Convention") shall apply
subject to the modifications and additions set out in the present Protocol.
3. With respect to ships entitled to fly the flag of a State which
is not a Party to the Convention and the present Protocol, the Parties to the
present Protocol shall apply the requirements of the Convention and the present
Protocol as may be necessary to ensure that no more favourable treatment is given
to such ships.
1. As between the Parties to the present Protocol, the present
Protocol replaces and abrogates the Protocol of 1978 relating to the
Convention.
2. Notwithstanding any other provisions of the present Protocol, any
certificate issued under, and in accordance with, the provisions of the
Convention and any supplement to such certificate issued under, and in
accordance with, the provisions of the Protocol of 1978 relating to the
Convention which is current when the present Protocol enters into force in
respect of the Party by which the certificate or supplement was issued, shall
remain valid until it expires under the terms of the Convention or the Protocol
of 1978 relating to the Convention, as the case may be.
3. A Party to the present Protocol shall not issue certificates
under, and in accordance with, the provisions of the International Convention
for the Safety of Life at Sea, 1974, as adopted on 1 November 1974.
ARTICLE III.
Communication of information
The Parties to the present Protocol undertake to communicate to,
and deposit with, the Secretary-General of the International Maritime
Organization (hereinafter referred to as "the Organization"):
a) the text of
laws, decrees, orders and regulations and other instruments which have been
promulgated on the various matters within the scope of the present Protocol;
b) a list of
nominated surveyors or recognized organizations which are authorized to act on
their behalf in the administration of measures for safety of life at sea for
circulation to the Parties for information of their officers, and a
notification of the specific responsibilities and conditions of the authority
delegated to those nominated surveyors or recognized organizations; and
c) a sufficient
number of specimens of their certificates issued under the provisions of the
present Protocol.
ARTICLE IV.
Signature, ratification, acceptance, approval and accession
1. The present Protocol shall be open for signature at the
Head-quarters of the Organization from 1 March 1989 to 28 February 1990 and
shall thereafter remain open for accession. Subject to the provisions of
paragraph (3), States may express their consent to be bound by the present
Protocol by:
a) signature
without reservation as to ratification, acceptance or approval; or
b) signature
subject to ratification, acceptance or approval, followed by ratification,
acceptance or approval; or
c) accession.
2. Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the
Secretary-General of the Organization.
3. The present Protocol may be singed without reservation,
ratified, accepted, approved or acceded to only by States which have signed
without reservation, ratified, accepted, approved or acceded to the Convention.
1. The present Protocol shall enter into force twelve months after
the date on which both the following conditions have been met:
a) 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 shipping, have expressed
their consent to be bound by it in accordance with article IV, and
b) the
conditions for the entry into force of the Protocol of 1988 relating the
International Convention on Load Lines, 1966, have been met, provided that the present Protocol shall not enter into
force before 1 February 1992.
2. For States which have deposited an instrument of ratification,
acceptance, approval or accession in respect of the present Protocol after the
conditions for entry into force thereof have been met but prior to the date of
entry into force, the ratification, acceptance, approval or accession shall
take effect on the date of entry into force of the present Protocol or three
months after the date of deposit of the instrument, whichever is the later
date.
3. 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.
4. After the date on which an amendment to the present Protocol is
deemed to have been accepted under article VI, any instrument of ratification,
acceptance, approval or accession deposited shall apply to the present Protocol
as amended.
The procedures set out in article VIII of the Convention shall
apply to amendments to the present Protocol, provided that:
a) references in
that article to the Convention and to Contracting Governments shall be taken to
mean references to the present Protocol and to the Parties to the present
Protocol respectively;
b) amendments to
the articles of the present Protocol and to the Annex thereto shall be adopted
and brought into force in accordance with the procedure applicable to
amendments to the articles of the Convention or to chapter I of the Annex
thereto; and
c) amendments to
the appendix to the Annex to the present Protocol may be adopted and brought
into force in accordance with the procedure applicable
to amendments to the Annex to the Convention other than chapter I.
1. The present Protocol may be denounced by any Party at any time
after the expiry of five years from the date on which the present Protocol
enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument
of denunciation with the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer
period as may be specified in the instrument of denunciation, after its receipt
by the Secretary-General of the Organization.
4. A denunciation of the Convention by a Party shall be deemed to
be a denunciation of the present Protocol by that Party. Such denunciation
shall take effect on the same date as denunciation of the Convention takes
effect according to paragraph (c) of article XI of the Convention.