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1973年国际防止船舶造成污染公约(二)

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  13. As a result of its deliberations, recorded in the summary recordsand reports of the Conference, the following instruments were adopted bythe Conference:

  INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS,1973 with its Protocols, Annexes and Appendices; and

  PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINEPOLLUTION BY SUBSTANCES OTHER THAN OIL

  The Convention and the Protocol constitute Attachments 1 and 2 to thisFinal Act respectively.

  14. The Conference also adopted Resolutions the texts of whichcomprise Attachment 3 of this Final Act.

  15. The text of this Final Act including its attachments, is depositedwith the Secretary-General of the Inter-Governmental Maritime ConsultativeOrganization (IMCO)。 It is established in a single original in theEnglish, French, Russian and Spanish languages, and accompanied by thetexts of the International Convention for the Prevention of Pollution fromShips, 1973, with its Protocols, Annexes and Appendices, the Protocolrelating to Intervention on the High Seas in Cases of Marine Pollution bySubstances other than Oil, and the Resolutions of the Conference. Thetexts of the Convention, its Protocols, Annexes and Appendices, as well asof the Protocol, appear in their authentic languages, English, French,Russian and Spanish. The texts of Resolutions of the Conference appear inEnglish, French, Russian and Spanish. Official translations of theConvention with its Protocols, Annexes and Appendices. and the Protocol,shall be prepared in the Arabic, German, Italian and Japanese languages.Originals of these official translations shall be deposited with thisFinal Act.

  16. The Secretary-General of the Inter-Governmental MaritimeConsultative Organization shall send a certified copy of this Final Actand, when they have been prepared, certified copies of the officialtranslations of the Convention with its Protocols, Annexes and Appendices,the Protocol and the Resolutions of the Conference to the Governmentsinvited to be represented at the Conference in accordance with the wishesof those Governments.

  IN WITNESS WHEREOF the undersigned have affixed their signatures tothis Final Act.

  DONE AT LONDON this second day of November, one thousand nine hundredand seventy-three.

  Signatories: Argentina, Australia, Bahrain. Belgium, Brazil, Bulgaria,Byelorussian Soviet Socialist Republic, Canada. Chile, Cuba, Cyprus,Denmark, Dominican Republic, Ecuador, Egypt, Finland, France, GDR. FRG,Ghana, Greece, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq,Ireland, Italy, Ivory Coast, Japan, Jordan, Kenya, Khmer Republic,Kuwait, Liberia, Libya, Madagascar, United Mexican States, Monaco,Morocco, Netherlands, New Zealand, Nigeria, Norway, Panama, Peru,Philippines, Poland, Portugal, Korea, Romania, Saudi Arabia, Singapore,South Africa, Spain, Sri Lanka, Sweden, Swiss Confederation, Thailand,Trinidad and Tobago, Tunisia, Ukrainian Soviet Socialist Republic, Unionof Soviet Socialist Republics, UAE, UK of Great Britain and NorthernIreland, Tanzania, USA, Eastern Republic of Uruguay, Venezuela.INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

  The Parties to the Convention,

  Being conscious of the need to preserve the human environment ingeneral and the marine environment in particular,

  Recognizing that deliberate, negligent or accidental release of oiland other harmful substances from ships constitutes a serious source ofpollution,

  Recognizing also the importance of the International Convention forthe Prevention of Pollution of the Sea by Oil, 1954, as being the firstmultilateral instrument to be concluded with the prime objective ofprotecting the environment, and appreciating the significant contributionwhich that Convention has made in preserving the seas and coastalenvironment from pollution,

  Desiring to achieve the complete elimination of intentional pollutionof the marine environment by oil and other harmful substances and theminimization of accidental discharge of such substances,

  Considering that this object may best be achieved by establishingrules not limited to oil pollution having a universal purport,

  Have agreed as follows:

  Article 1 General Obligations under the Convention

  (1) The Parties to the Convention undertake to give effect to theprovisions of the present Convention and those Annexes thereto by whichthey are bound, in order to prevent the pollution of the marineenvironment by the discharge of harmful substances or effluents containingsuch substances in contravention of the Convention.

  (2) Unless expressly provided otherwise, a reference to the presentConvention constitutes at the same time a reference to its Protocols andto the Annexes.

  Article 2 Definitions

  For the purposes of the present Convention, unless expressly providedotherwise:

  (1) “Regulations” means the Regulations contained in the Annexes tothe present Convention.

  (2) “Harmful substance” means any substance which, if introduced intothe sea, is liable to create hazards to human health, to harm livingresources and marine life, to damage amenities or to interfere with otherlegitimate uses of the sea, and includes any substance subject to controlby the present Convention.

  (3) (a) “Discharge”, in relation to harmful substances or effluentscontaining such substances, means any release howsoever caused from a shipand includes any escape, disposal, spilling, leaking, pumping, emitting oremptying;

  (b) “Discharge” does not include:

  (i) dumping within the meaning of the Convention on thePrevention of Marine Pollution by Dumping of Wastes and Other Matter doneat London on November 13, 1972; or

  (ii) release of harmful substances directly arising from theexploration, exploitation and associated off-shore processing of seabedmineral resources; or

  (iii) release of harmful substances for purposes of legitimatescientific research into pollution abatement or control.

  (4) “Ship” means a vessel of any type whatsoever operating in themarine environment and includes hydrofoil boats, air-cushion vehicles,submersibles, floating craft and fixed or floating platforms.

  (5) “Administration” means the Government of the State under whoseauthority the ship is operating. With respect to a ship entitled to fly aflag of any State, the Administration is the Government of that State.With respect to fixed or floating platforms engaged in exploration andexploitation of the sea-bed and subsoil thereof adjacent to the coast overwhich the coastal State exercises sovereign rights for the purposes ofexploration and exploitation of their natural resources, theAdministration is the Government of the coastal State concerned.

  (6) “Incident” means an event involving the actual or probabledischarge into the sea of a harmful substance, or effluents containingsuch a substance.

  (7) “Organization” means the Inter-Governmental Maritime ConsultativeOrganization.

  Article 3 Application

  (1) The present Convention shall apply to:

  (a) ships entitled to fly the flag of a Party to the Convention;and

  (b) ships not entitled to fly the flag of a Party but whichoperate under the authority of a Party.

  (2) Nothing in the present Article shall be construed as derogatingfrom or extending the sovereign rights of the Parties under internationallaw over the sea-bed and subsoil thereof adjacent to their coasts for thepurposes of exploration and exploitation of their natural resources.

  (3) The present Convention shall not apply to any warship, navalauxiliary or other ship owned or operated by a State and used, for thetime being, only on government non-commercial service. However, each Partyshall ensure by the adoption of appropriate measures not impairing theoperations or operational capabilities of such ships owned or operated byit, that such ships act in a manner consistent, so far as is reasonableand practicable, with the present Convention.

  Article 4 Violation

  (1) Any violation of the requirements of the present Convention shallbe prohibited and sanctions shall be established therefor under the law ofthe Administration of the ship concerned wherever the violation occurs. Ifthe Administration is informed of such a violation and is satisfied thatsufficient evidence is available to enable proceedings to be brought inrespect of the alleged violation, it shall cause such proceedings to betaken as soon as possible, in accordance with its law.

  (2) Any violation of the requirements of the present Convention withinthe jurisdiction of any Party to the Convention shall be prohibited andsanctions shall be established therefor under the law of that Party.Whenever such a violation occurs, that Party shall either:

  (a) cause proceedings to be taken in accordance with its law; or

  (b) furnish to the Administration of the ship such information andevidence as may be in its possession that a violation has occurred.

  (3) Where information or evidence with respect to any violation of thepresent Convention by a ship is furnished to the Administration of thatship, the Administration shall promptly inform the Party which hasfurnished the information or evidence, and the Organization, of theaction taken.

  (4) The penalties specified under the law of a Party pursuant to thepresent Article shall be adequate in severity to discourage violations ofthe present Convention and shall be equally severe irrespective of wherethe violations occur.

  Article 5 Certificates and Special Rules on Inspection of Ships

  (1) Subject to the Provisions of paragraph (2) of the present Articlea certificate issued under the authority of a Party to the Convention inaccordance with the provisions of the Regulations shall be accepted by theother Parties and regarded for all purposes covered by the presentConvention as having the same validity as a certificate issued by them.

  (2) A ship required to hold a certificate in accordance with theprovisions of the Regulations is subject, while in the ports or off-shoreterminals under the jurisdiction of a Party, to inspection by officersduly authorized by that Party, Any such inspection shall be limited toverifying that there is on board a valid certificate, unless there areclear grounds for believing that the condition of the ship or itsequipment does not correspond substantially with the particulars of thatcertificate. In that case, or if the ship does not carry a validcertificate, the Party carrying out the inspection shall take such stepsas will ensure that the ship shall not sail until it can proceed to seawithout presenting an unreasonable threat of harm to the marineenvironment. That Party may, however, grant such a ship permission toleave the port or off-shore terminal for the purpose of proceeding to thenearest appropriate repair yard available.

  (3) If a Party denies a foreign ship entry to the ports or off-shoreterminals under its jurisdiction or takes any action against such a shipfor the reason that the ship does not comply with the provisions of thepresent Convention, the Party shall immediately inform the consul ordiplomatic representative of the Party whose flag the ship is entitled tofly, or if this is not possible, the Administration of the ship concerned.Before denying entry or taking such action the Party may requestconsultation with the Administration of the ship concerned. Informationshall also be given to the Administration when a ship does not carry avalid certificate in accordance with the provisions of the Regulations.

  (4) With respect to the ships of non-Parties to the Convention,Parties shall apply the requirements of the present Convention as may benecessary to ensure that no more favourable treatment is given to suchships.

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