IMO I500E-1981 International Convention for the Prevention of Pollution of the Sea by Oil 1954 as amended in 1962 and 1969.pdf

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1、International Convention for the Prevention of Pollution of the Sea by Oil, 1954 as amended in 1962 and 1969 I International Convention for the Prevention of Pollution of the Sea by Oil, 1954 as amended in 1962 and 1969 INTERNATIONAL MARITIME ORGANIZATION London, 1981 Firsr published in 1981 by the

2、INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment. London SE1 7SR Printed by the International Maritime Organization, London 18 20 19 17 ISBN 92-801-1 118-3 I IMOPUBLICATION I Sales number: I500E Copyright 0 IMO 1981 NOTE: The name of the Organization as it appears in this publication was chan

3、ged to “INTERNATIONAL MARITIME ORGANIZATION by virtue of amendments to the Organizations Convention which entered into force on 22 May 1982. FOREWORD This volume contains the text of the International Convention for the Preven- tion of Pollution of the Sea by Oil, 1954, including the amendments adop

4、ted by the International Conference on Prevention of Pollution of the Sea by Oil, 1962, and those adopted by the sixth session of the Assembly of the Inter-Governmental Maritime Consultative Organization on 21 October 1969 (resolution A.l75(VI). The original text of the Convention, which was done by

5、 the International Conference on Pollution of the Sea by Oil in London on 12 May 1954, entered into force on 26 July 1958. The 1962 amendments have been in force since 28 June 1967 and the 1969 amendments became effective on 20.January 1978. The resolutions adopted by the International Conference on

6、 Prevention of Pollution of the Sea by Oil, 1962, contained in a previous publication (sales number 72.13 .B) are not included in this edition. The amendments adopted by the seventh session of the Assembly of the Inter-Governmental Maritime Consultative Organization on 12 October 197 1 (resolution A

7、.232(VII) and on 15 October 1971 (resolution A.246(VII) are con- tained in a separate booklet, sales number 81.07.E. These amendments will come into force twelve months after the date on which they have been accepted by two thirds of the Contracting Governments. As at 1 April 1981, these conditions

8、had not been met. 3 CONTENTS International Convention for the Prevention of Pollution of the Sea by Oil, 1954, including the amendments adopted by the 1962 Conference and the amendments adopted by the sixth session of the Assembly in 1969 (resolution A.l75(VI) Articles Annex - Form of Oil Record Boo

9、k . Page 5 6 16 4 INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 as amended in 1962 and 1969 The Governments represented at the International Conference on Pollution of the Sea by Oil held in London from 26 April 1954 to 12 May 1954, Desiring to take action by commo

10、n agreement to prevent pollution of the sea by oil discharged from ships, and considering that this end may best be achieved by the conclusion of a Convention, Have accordingly appointed the undersigned plenipotentiaries*, who, having communicated their full powers, found in good and due form, have

11、agreed as follows: * Signatures omitted. 5 Article I (1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them that is to say: The Bureau has the meaning assigned to it by Article XXI

12、; Discharge in relation to oil or to oily mixture means any discharge or escape howsoever caused; Heavy diesel oil means diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340C. when tested by A.S.T.M. Standard Method D.86/59; Ins

13、tantaneous rate of discharge of oil content means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant; Mile means a nautical mile of 6,080 feet or 1,852 metres; Nearest land. The term from the nearest land means from the baseli

14、ne from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958; oily shall be construed accordingly; Oil means crude oil, fuel oil, heavy diesel oil and lubricating oil, and Oily mixture mean

15、s a mixture with any oil content; Organization means the Inter-Governmental Maritime Consultative I Organization ; Ship means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and tanker means a ship in whic

16、h the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space. (2) For the purposes of the present Convention, the territories of a Contracting Governmen

17、t mean the territory of the country of which it is the Government and any other territory for the international relations of which it is responsible and to which the Convention shall have been extended under Article XVIII. Article I1 (1) The present Convention shall apply to ships registered in any

18、of the territories of a Contracting Government and to unregistered ships having the nationality of a Contracting Party, except: 6 (a) tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage, provided that each Contracting Government will take the necessary steps, so f

19、ar as is reasonable and practicable, to apply the requirements of the Convention to such ships also, having regard to their size, service and the type of fuel used for their propulsion; (6) ships for the time being engaged in the whaling industry when actually employed on whaling operations; (c) shi

20、ps for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock at Montreal in the Province of Quebec, Canada; (d) naval ships and ships for the time being used as naval auxiliaries. (2) Each Contracting Go

21、vernment undertakes to adopt appropriate measures ensuring that requirements equivalent to those of the present Convention are, so far as is reasonable and practicable, applied to the ships referred to in sub- paragraph (d) of paragraph (1) of this Article. Article 111 Subject to the provisions of A

22、rticles IV and V: (a) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be prohibited except when the following conditions are all satisfied: (i) the ship is proceeding en route; (ii) the instantaneous rate of discharge of oil conten

23、t does not exceed (iii) the oil content of the discharge is less than 100 parts per 1,OOO,OOO (iv) the discharge is made as far as practicable from land; (b) the discharge from a tanker to which the present Convention applies of oil or oily mixture shall be prohibited except when the following con-

24、ditions are all satisfied: (i) the tanker is proceeding en route; (ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile; (iii) the total quantity of oil discharged on a ballast voyage does not exceed 1 / 15,000 of the total cargo-carrying capacity; (iv) the tanke

25、r is more than 50 miles from the nearest land; 60 litres per mile; parts of the mixture; (c) the provisions of sub-paragraph (b) of this Article shall not apply to; (i) the discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any effluent t

26、herefrom, if it were discharged from a stationary tanker into clean calm water on a clear day, would produce no visible traces of oil on the surface of the water; or (ii) the discharge of oil or oily mixture from machinery space bilges, which shall be governed by the provisions of sub-paragraph (U)

27、of this Article. 7 Article IV Article 111 shall not apply to: (a) the discharge of oil or of oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; (h) the escape of oil or of oily mixture resulting from damage to a shi

28、p or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape; Article V Article 111 shall not apply to the discharge of oily mixture from the bilges of a ship during the p

29、eriod of twelve months following the date on which the present Convention comes into force for the relevant territory in accordance with paragraph (I) of Article 11. Article VI (1) Any contravention of Articles 111 and IX shall be an offence punishable under the law of the relevant territory in resp

30、ect of the ship in accordance with paragraph (1) of Article 11. (2) The penalties which may be imposed under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or oily mixture outside the territorial sea of that territory shall be ad

31、equate in severity to discourage any such unlawful discharge and shall not be less than the penalties which may be imposed under the law of that territory in respect of the same infringements within the territorial sea. (3) Each Contracting Government shall report to the Organization the penalties a

32、ctually imposed for each infringement. Article VI1 (I) As from a date twelve months after the present Convention comes into force for the relevant territory in respect of a ship in accordance with paragraph (I) of Article 11, such a ship shall be required to be so fitted as to prevent, as far as rea

33、sonable and practicable, the escape of oil into bilges, unless effective means are provided to ensure that the oil in the bilges is not discharged in contraven- tion of this Convention. (2) Carrying water ballast in oil fuel tanks shall be avoided if possible. Article VI11 (1) Each Contracting Gover

34、nment shall take all appropriate steps to promote the provision of facilities as follows: (a) according to the needs of ships using them, ports shall be provided with facilities adequate for the reception, without causing undue delay to ships, of such residues and oily mixtures as would remain for d

35、isposal from ships other than tankers if the bulk of the water had been separated from the mixture; 8 (b) oil loading terminals shall be provided with facilities, adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by tankers; (c) ship repair ports sh

36、all be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by all ships entering for repairs. (2) Each Contracting Government shall determine which are the ports and oil loading terminals in its territories suitable for the pu

37、rposes of sub-paragraphs (a), (b) and (c) of paragraph (1) of this Article. (3) As regards paragraph (1) of this Article, each Contracting Government shall report to the Organization, for transmission to the Contracting Govern- ment concerned, all cases where the facilities are alleged to be inadequ

38、ate. Article IX (I) Of the ships to which the present Convention applies, every ship which uses oil fuel and every tanker shall be provided with an oil record book, whether as part of the ships official log book or otherwise, in the form specified in the Annex to this Convention. (2) The oil record

39、-book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship: (a) for tankers: (i) loading of oil cargo; (ii) transfer of oil cargo during voyage; (iii) discharge of oil cargo; (iv) ballasting of cargo tanks; (v) cleaning of carg

40、o tanks; (vi) discharge of dirty ballast; (vii) discharge of water from slop-tanks; (viii) disposal of residues; (ix) discharge overboard of bilge water containing oil which has accu- mulated in machinery spaces whilst in port, and the routine dis- charge at sea of bilge water containing oil unless

41、the latter has been entered in the appropriate log book; (b) for ships other than tankers: (i) ballasting or cleaning of bunker fuel tanks; (ii) discharge of dirty ballast or cleaning water from tanks referred to (iii) disposal of residues; (iv) discharge overboard of bilge water containing oil whic

42、h has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate log book. under (i) of this sub-paragraph; 9 In the event of such discharge or escape of oil or oily mixture as is referred to in

43、 Article IV, a statement shall be made in the oil record book of the circumstances of, and the reason for, the discharge or escape. (3) Each operation described in paragraph (2) of this Article shall be fully recorded without delay in the oil record book so that all the entries in the book appropria

44、te to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. The written entries in the oil record book shall be in an official language of the relevant territory in

45、 respect of the ship in accordance with paragraph (I) of Article 11, or in English or French. (4) Oil record books shall be kept in such a place as to be readily available for inspection at all reasonable times, and, except in the case of unmanned ships under tow, shall be kept on board the ship. Th

46、ey shall be preserved for a period of two years after the last entry has been made. (5) The competent authorities of any of the territories of a Contracting Govern- ment may inspect on board any ship to which the present Convention applies, while within a port in that territory, the oil record book

47、required to be carried in the ship in compliance with the provisions of this Article, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which pur- ports to have been certified by the maste

48、r of the ship as a true copy of an entry in the ships oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent auth- orities under this paragraph shall be taken as expeditiously as possible and the ship shall not b

49、e delayed. Article X (1) Any Contracting Government may furnish to the Government of the relevant territory in respect of the ship in accordance with paragraph (I) of Article 11 particulars in writing of evidence that any provision of the present Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention. (2) Upon receiving such particulars, the Governme