INTERNATIONAL CONVENTION
FOR THE SAFETY OF LIFE AT SEA, 1974
THE
CONTRACTING GOVERNMENTS,
BEING DESIROUS of promoting safety of life at sea by establishing
in common agreement uniform principles and rules directed thereto,
CONSIDERING that this end may best be achieved by the conclusion
of a Convention to replace the International Convention for the Safety of Life
at Sea, 1960, taking account of developments since that Convention was
concluded,
HAVE AGREED as follows:
ARTICLE I.
General obligations under the Convention
a) The Contracting Governments undertake to give effect to the
provisions of the present Convention and the Annex thereto, which shall
constitute an integral part of the present Convention. Every reference to the
present Convention constitutes at the same time a reference to the Annex.
b) The Contracting Governments undertake to promulgate all laws,
decrees, orders and regulations and to take all other steps which may be
necessary to give the present Convention full and complete effect, so as to
ensure that, from the point of view of safety of life, a ship is fit for the
service for which it is intended.
The present Convention shall apply to ships entitled to fly the
flag of States the Governments of which are Contracting Governments.
ARTICLE III.
Laws, regulations
The Contracting Governments undertake to communicate to and
deposit with the Secretary-General of the Inter-Governmental Maritime
Consultative Organization* (hereinafter referred to as "the
Organization"):
a) a list of non-governmental agencies which are authorized to act
in their behalf in the administration of measures for safety of life at sea for
circulation to the Contracting Governments for the information of their
officers;
b) the text of laws, decrees, orders and regulations which shall
have been promulgated on the various matters within the scope of the present
Convention;
c) a sufficient number of specimens of their Certificates issued
under the provisions of the present Convention for circulation to the
Contracting Governments for the information of their officers.
__________
* At present - the
International Maritime Organization.
ARTICLE IV.
Cases of force majeure
a) A ship, which is not subject to the provisions of the present
Convention at the time of its departure on any voyage, shall not become subject
to the provisions of the present Convention on account of any deviation from
its intended voyage due to stress of weather or any other cause of force
majeure.
b) Persons who are on board a ship by reason of force majeure or
in consequence of the obligation laid upon the master to carry shipwrecked or
other persons shall be taken into account for the purpose of ascertaining the
application to a ship of any provisions of the present Convention.
ARTICLE V.
Carriage of persons in emergency
a) For the purpose of evacuating persons in order to avoid a
threat to the security of their lives a Contracting Government may permit the
carriage of a larger number of persons in its ships than is otherwise
permissible under the present Convention.
b) Such permission shall not deprive other Contracting Governments
of any right of control under the present Convention over such ships which come
within their ports.
c) Notice of any such permission, together with a statement of the
circumstances, shall be sent to the Secretary-General of the Organization by
the Contracting Government granting such permission.
ARTICLE VI.
Prior treaties and conventions
a) As between the Contracting Governments, the present Contention
replaces and abrogates the International Convention for the Safety of Life at
Sea which was signed in London on 17 June 1960.
b) All other treaties, conventions and arrangements relating to
safety of life at sea, or matters appertaining thereto, at present in force
between Governments parties to the present Convention shall continue to have
full and complete effect during the terms thereof as regards:
(i) ships to which the
present Convention does not apply;
(ii) ships to which the
present Convention applies, in respect of matters for which it has not
expressly provided.
c) To the extent, however, that such treaties, conventions or
arrangements conflict with the provisions of the present Convention, the
provisions of the present Convention shall prevail.
d) All matters which are not expressly provided for in the present
Convention remain subject to the legislation of the Contracting Governments.
ARTICLE VII.
Special rules drawn up by agreement
When in accordance with the present Convention special rules are
drawn up by agreement between all or some of the Contracting Governments, such
rules shall be communicated to the Secretary-General of the Organization for
circulation to all Contracting Governments.
a) The present Convention may be amended by either of the
procedures specified in the following paragraphs.
b) Amendments after consideration within the Organization:
(i) Any amendment proposed
by a Contracting Government shall be submitted to the Secretary-General of the
Organization, who shall then circulate it to all Members of the Organization
and all Contracting Governments at least six months prior to its consideration.
(ii) Any amendment proposed
and circulated as above shall be referred to the Maritime Safety Committee of
the Organization for consideration.
(iii) Contracting
Governments of States, whether or not Members of the Organization, shall be
entitled to participate in the proceedings of the Maritime Safety Committee for
the consideration and adoption of amendments.
(iv) Amendments shall be
adopted by a two-thirds majority of the Contracting Governments present and
voting in the Maritime Safety Committee expanded as provided for in
sub-paragraph (iii) of this paragraph (hereinafter referred to as "the
expanded Maritime Safety Committee") on condition that at least one-third
of the Contracting Governments shall be present at the time of voting.
(v) Amendments adopted in
accordance with sub-paragraph (iv) of this paragraph shall be communicated by
the Secretary-General of the Organization to all Contracting Governments for
acceptance.
(vi)
1) An amendment to an
article of the Convention or to chapter I of the Annex shall be deemed to have
been accepted on the date on which it is accepted by two-thirds of the
Contracting Governments.
2) An amendment to the Annex
other than chapter I shall be deemed to have been accepted:
(aa) at the end of two years
from the date on which it is communicated to Contracting Governments for
acceptance; or
(bb) at the end of different
period, which shall not be less than one year, if so determined at the time of
its adoption by a two-thirds majority of the Contracting Governments present
and voting in the expanded Maritime Safety Committee.
However, if within the specified period either more than one-third
of Contracting Governments, or Contracting Governments the combined merchant
fleets of which constitute not less than fifty per cent of the gross tonnage of
the world's merchant fleet, notify the Secretary-General of the Organization
that they object to the amendment, it shall be deemed not to have been
accepted.
(vii)
1) An amendment to an
article of the Convention or to chapter I of the Annex shall enter into force
with respect to those Contracting Governments which have accepted it, six
months after the date on which it is deemed to have been accepted, and with
respect to each Contracting Government which accepts it after that date, six
months after the date of that Contracting Government's acceptance.
2) An amendment to the Annex
other than chapter I shall enter into force with respect to all Contracting
Governments, except those which have objected to the amendment under
sub-paragraph (vi) 2) of this paragraph and which have not withdrawn such
objections, six months after the date on which it is deemed to have been
accepted. However, before the date set for entry into force, any Contracting
Government may give notice to the Secretary-General of the Organization that it
exempts itself from giving effect to that amendment for a period not longer
that one year from the date of its entry into force, or for such longer period
as may be determined by a two-thirds majority of the Contracting Governments
present and voting in the expanded Maritime Safety Committee at the time of the
adopted of the amendment.
c) Amendment by a Conference:
(i) Upon the request of a
Contracting Government concurred in by at least on-third of the Contracting
Government, the Organization shall convene a Conference of Contracting
Governments to consider amendments to the present Convention.
(ii) Every amendment adopted
by such a Conference by a two-thirds majority of the Contracting Governments
present and voting shall be communicated by the Secretary-General of the
Organization to all Contracting Governments for acceptance.
(iii) Unless the Conference
decides otherwise, the amendment shall be deemed to have been accepted and
shall enter into force in accordance with the procedures specified in
sub-paragraphs b) (vi) and b) (vii) respectively of this article, provided that
references in these paragraphs to the expanded Maritime Safety Committee shall
be taken to mean references to the Conference.
d)
(i) A Contracting Government
which has accepted an amendment to the Annex which has entered into force shall
not be obliged to extend the benefit of the present Convention in respect of
the certificates issued to a ship entitled to fly the flag of a State the
Government of which, pursuant to the provisions of sub-paragraph b) (vi) 2) of
this article, has objected to the amendment and has not withdrawn such an
objection, but only to the extent that such certificates relate to matters
covered by the amendment in question.
(ii) A Contracting
Government which has accepted an amendment to the Annex which has entered into
force shall extend the benefit of the present Convention in respect of the
certificates issued to a ship entitled to fly the flag of a State the
Government of which, pursuant to the provisions of sub-paragraph b) (vii) 2) of
this article, has notified the Secretary-General of the Organization that it
exempts itself from giving effect to the amendment.
e) 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 the keels of which are laid or which are at a
similar stage of construction, on or after the date on which the amendment
enters into force.
f) Any declaration of acceptance of, or objection to, an amendment
or any notice given under sub-paragraph b) (vii) 2) of this article shall be
submitted in writing to the Secretary-General of the Organization, who shall
inform all Contracting Governments of any such submission and the date of its
receipt.
g) The Secretary-General of the Organization shall inform all
Contracting Governments of any amendments which enter into force under this
article, together with the date on which each such amendment enters into force.
ARTICLE IX.
Signature, ratification, acceptance, approval and accession
a) The present Convention shall remain open for signature at the
Head-quarters of the Organization from 1 November 1974 until 1 July 1975 and
shall thereafter remain open for accession. States may become parties to the
present Convention by:
(i) signature without
reservation as to ratification, acceptance or approval; or
(ii) signature subject to
ratification, acceptance or approval, followed by ratification, acceptance or
approval; or
(iii) accession.
b) Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the
Secretary-General of the Organization.
c) The Secretary-General of the Organization shall inform the
Governments of all States which have signed the present Convention or acceded
to it of any signature or of the deposit of any instrument of ratification,
acceptance, approval or accession and the date of its deposit.
a) The present Convention shall enter into force twelve months
after the date on which not less than twenty-five 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 IX.
b) Any instrument of ratification, acceptance, approval or
accession deposited after the date on which the present Convention enters into
force shall take effect three months after the date of deposit.
c) After the date on which an amendment to the present Convention
is deemed to have been accepted under article VIII, any instrument of
ratification, acceptance, approval or accession deposited shall apply to the
Convention as amended.
a) The present Convention may be denounced by any Contracting
Government at any time after the expiry of five years from the date on which
the Convention enters into force for that Government.
b) Denunciation shall be effected by the deposit of an instrument
of denunciation with the Secretary-General of the Organization who shall notify
all the other Contracting Governments of any instrument of denunciation
received and of the date of its receipt as well as the date on which such
denunciation takes effect.
c) 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.
ARTICLE XII.
Deposit and registration
a) The present Convention shall be deposited .with the
Secretary-General of the Organization who shall transmit certified true copies
thereof to the Governments of all States which have signed the present
Convention ar acceded to it.
b) 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 United Nations.
The present Convention is established in a single copy in the
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic. Official translations in the Arabic, German and Italian
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.
DONE AT LONDON this first day of November one thousand nine
hundred and seventy-four.
(Signatures omitted)
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) "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.