IMO I713E-1983 TONNAGE MEASUREMENT OF SHIPS 1969 (English Edition 1979).pdf

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1、 INTERNATIONAL CONFERENCE ON TONNAGE MEASUREMENT OF SHIPS, 1969 Final Act of the Conference, with attachments, including INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS INTERNATIONAL MARITIME ORGANIZATION London, 1983 First published in 1970 (Bilingual edition) by the INTERNATIONAL MARITIME

2、 ORGANIZATION 4 Albert Embankment, London SE1 ISR English edition 1979 Printed by the International Maritime Organization, London 16 18 20 19 17 15 ISBN 92-801-1090-X IMO PUBLICATION Sales number: I713E Copyright 0 International Maritime Organization 1983 NOTE: The name of the Organization as it app

3、ears in this publication was changed to “INTERNATIONAL MARITIME ORGANIZATION“ by virtue of umendments io the Organization2 Convention which entered into force on 22 May 1982. TABLE OF CONTENTS . . . . . Final Act of Conference . . Attachment 1 - International Convention on Tonnage Measurement of Shi

4、ps, 1969 Articles . . . . . . . . Annex I - Regulations for Determining Gross and Net Tonnages of Ships . . . . Annex II - International Tonnage Certificate . . . . . . Attachment 2 - Recommendations . . . . . Page 5 9 18 23 29 FINAL ACT OF THE INTERNATIONAL CONFERENCE ON TONNAGE MEASUREMENT OF SHIP

5、S, 1969 1. Recognizing that the establishment of a universal system of tonnage measurement for ships engaged on international voyages should constitute an important contrjbution to maritime transport, a Conference was held in London from 27 May to 23 June 1969, upon the invitation of the Inter-Gover

6、nmental Maritime Consultative Organization, for the purpose of drawing up an Inter- national Convention on Tonnage Measurement of Ships. 2. The Governments of the following States were represented by delegations at the Conference: Argentina Australia Belgium Brazil Bulgaria Cameroon Canada China, Re

7、public of Czechoslovakia Denmark Federal Republic of Germany Finland France Ghana Greece Guatemala Iceland India Indonesia Ireland Israel Italy Japan Korea, Republic of Kuwait Liberia Malagasy Republic Mexico Netherlands New Zealand Nigeria Norway Pakistan Peru Philippines Poland Portugal South Afri

8、ca Spain Sweden Switzerland Union of Soviet Socialist Republics United Arab Republic United Kingdom United States of America Venezuela Viet-Nam, Republic of Yugoslavia 3. by observers : The Governments of the following States were represented at the Conference Barbados Iraq Cambodia Jordan Holy See

9、Thailand Hong Kong 4. The following non-governmental organizations were repmented at the Conference by observers : International Association of Ports and Harbors International Chamber of Shipping International Shipping Federation Permanent International Association of Navigation Congresses 5. repres

10、ented at the Conference by observers. The Suez Canal Authority and the Panama Canal Company were also 5 6. of the Conference. Admiral Edwin J. Roland (United States of America) was elected President 7. Mr. W. Milewski (Poland), Captain R. J. R. de Mattos (Brazil), Mr. Y. S. Kasbekar (India) and Mr.

11、Y. K. Quartey (Ghana) were elected Vice-presidents of the Conference. 8. The Secretary-General of the Conference was Mr. Colin Goad (Secretary- General of the Organization) ; the Deputy Secretary-General of the Conference was Mr. Jean Quguiner (Deputy Secretary-General of the Organization) ; and the

12、 Executive Secretary of the Conference was Mr. V. Nadeinski (Secretary of the Maritime Safety Committee of the Organization). 9. its work : General Committee Chairman : Vice-chairman : Chairman : Vice-chairman: Mr. P. Eriksson (Sweden) Chairman : Vice-chairman: The Conference established four Commit

13、tees for the accomplishment of Mr. R. Vancraeynest (Belgium) Dr. P. NikoliC (Yugoslavia) Mr. L. Spinelli (Italy) Technical Committee Drafting Committee Mr. W. J. Madigan (United Kingdom) Mr. N. I. Glukhov (Union of Soviet Socialist Republics) Credentials Committee Chairman : Vice-chairman: Mr. A. vo

14、n der Becke (Argentina) Mr. I. C. Edet (Nigeria) 10. The documentation of the Conference, used as a basis for its discussions, included three proposals for a universal system of tonnage measurement, each consisting of a draft text of a Convention with annexed Regulations and Ton- nage Certificate pr

15、epared by the Maritime Safety Committee of the Organiza- tion, together with comments thereon submitted by various Governments and additional proposals by Governments. 11. As a result of its deliberations, as recorded in the records and reports of the Committees and in the records of the Plenary ses

16、sions, the Conference prepared and opened for signature and accession the International Convention on Tonnage Measurement of Ships, 1969. i 2. The Conference adopted three Recommendations arising from its delibera- tions. These Recommendations relate to: (1) Acceptance of the International Conventio

17、n on Tonnage Measure- ment of Ships, 1969. (2) Uses of gross and net tonnages. (3) Uniform interpretation of definitions of terms. 6 13. The text of this Final Act, being in a single original in the English, French, Russian and Spanish languages, together with the attached texts of the Inter- nation

18、al Convention on Tonnage Measurement of Ships, 1969, and of the Recommendations of the Conference, which are in the English and French languages, shall be deposited with the Inter-Governmental Maritime Consulta- tive Organization. Official translations of the attached Convention and Recom- mendation

19、s shall be prepared in the Russian and Spanish languages and shall be deposited together with this Final Act. The Secretary-General of the Organization shall send a certified copy of this Final Act and, when they have been prepared, certified copies of the official translations of the Convention and

20、 the Recommendations, to each of the Governments invited to be repre- sented at this Conference. IN WITNESS WHEREOF the undersigned have affixed their signatures to DONE AT LONDON this twenty-third day of June one thousand nine this Final Act.* hundred and sixty-nine. * Signatures omitted. 7 ATTACHM

21、ENT I INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS, 1969 The Contracting Governments, DESIRING to establish uniform principles and rules with respect to the CONSIDERING that this end may best be achieved by the conciusion of a HAVE AGREED as follows: determination of tonnage of ships eng

22、aged on international voyages; Convention ; Article 1 General Obligation under the Convention The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annexes hereto which shall constitute an integral part of the present Convention. Every reference to

23、the present Con- vention constitutes at the same time a reference to the Annexes. Article 2 Definitions For the purpose of the present Convention, unless expressly provided otherwise: (1) “Regulations” means the Regulations annexed to the present Convention; (2) “Administration” means the Government

24、 of the State whose flag the ship is flying; (3) “international voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is resp

25、onsible or for which the United Nations are the administering authority is regarded as a separate country; (4) “gross tonnage” means the measure of the overall size of a ship deter- mined in accordance with the provisions of the present Convention; (5) “net tonnage” means the measure of the useful c

26、apacity of a ship deter- mined in accordance with the provisions of the present Convention; (6) hew ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention ; (7) “existing ship” means a ship whi

27、ch is not a new ship; (8) length means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that water- 9 line, if that be greater. In ships designed

28、 with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; (9) “Organization” means t he Inter-Governmental Maritime Consultative Organization. Article 3 Application (i) The present Convention shall apply to the following ships engaged on interna

29、tional voyages : (a) ships registered in countries the Governments of which are Con- tracting Governments; (b) ships registered in territories to which the present Convention is extended under Article 20; and (c) unregistered ships flying the flag of a State, the Government of which is a Contracting

30、 Government. (2) The present Convention shall apply to: (a) new ships; (b) existing ships which undergo alterations or modifications which the Administration deems to be a substantial variation in their existing gross tonnage; (c) existing ships if the owner so requests; and (d) all existing ships,

31、twelve years after the date on which the Convention comes into force, except that such ships, apart from those mentioned in (b) and (c) of this paragraph, shall retain their then existing ton- nages for the purpose of the application to them of relevant require- ments under other existing Internatio

32、nal Conventions. (3) Existing ships to which the present Convention has been applied in accordance with sub-paragraph (2) (c) of this Article shall not subsequently have their tonnages determined in accordance with the requirements which the Administration applied to ships on international voyages p

33、rior to the coming into force of the present Convention. Article 4 Except ions (1) The present Convention shall not apply to: (a) ships of war; and (b) ships of less than 24 metres (79 feet) in length. (2) Nothing herein shall apply to ships solely navigating: (a) the Great Lakes of North America an

34、d the River St. Lawrence us far east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63”W; (b) the Caspian Sea; or (e) the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn between Punt

35、a Rasa (Cabo San Antonio), Argentina, and Punta del Este, Uruguay. 10 Article 5 Force Majeure (i) 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 such provisions on account of any deviation from its intend

36、ed voyage due to stress of weather or any other cause of force majeure. (2) In applying the provisions of the present Convention, the Contracting Governments shall give due consideration 10 any deviation or delay caused to any ship owing to stress of weather or any other cause of force majeure. Arti

37、cle 6 Determination of Tonnages The determination of gross and net tonnages shall be carried out by the Administration which may, however, entrust such determination either to persons or organizations recognized by it. In every case the Administration concerned shall accept full responsibility for t

38、he determination of gross and net tonnages. Article 7 Issue of Certijcate (i) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which have been determined in accordance with the present Convention. (2) Such certificate shall be issued by the Adm

39、inistration or by any person or organization duly authorized by it. In every case? the Administration shall assume full responsibility for the certificate. Article 8 Issue of CertiJicate by another Government (1) A Contracting Government may, at the request of another Contracting Government, determi

40、ne the gross and net tonnages of a ship and issue or authorize the issue of an International Tonnage Certificate (1969) to the ship in accordance with the present Convention. (2) A copy of the certificate and a copy of the calculations of the tonnages shall be transmitted as early as possible to the

41、 requesting Government. (3) A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same validity and receive the same recognition as a certificate issued unde

42、r Article 7. (4) No International Tonnage Certificate (1969) shall be issued to a ship which is flying the flag of a State the Government of which is not a Contracting Government. 11 Article 9 Form of Certi3cate The certificate shall be drawn up in the official language or languages of the issuing c

43、ountry. If the language used is neither English nor French, the text shall include a translation into one of these languages. The form of the certificate shall correspond to that of the model given in Annex II. Article 10 Cancellation of Certificate Subject to any exceptions provided in the Regulati

44、ons, an International Tonnage Certificate (1969) shall cease to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement, construction, capacity, use of spaces: total number of passengers the ship is permitted to carry as indicated in the ships passeng

45、er certificate? assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage. A certificate issued to a ship by an Administration shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in par

46、agraph (3) of this Article. Upon transfer of a ship to the flag of another State the Government of which is a Contracting Government, the International Tonnage Certificate (1969) shall remain in force for a period not exceeding three months, or until the Administration issues another International T

47、onnage Certificate (1969) to replace it, whichever is the earlier. The Contracting Govern- ment of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the certificate carried by the ship at the time of tr

48、ansfer and a copy of the relevant tonnage calculations. Article 11 Acceptance of Certijcate The certificate issued under the authority of a Contracting Government in accordance with the present Convention shall be accepted by the other Con- tracting Governments and regarded for all purposes covered

49、by the present Convention as having the same validity as certificates issued by them. Article 12 Inspection (i) A ship flying the flag of a State the Government of which is a Contracting Government shall be subject, when in the ports of other Contracting Governments, to inspection by officers duly authorized by such Govern- ments. Such inspection shall be limited to the purpose of verifying: (a) that the ship is provided with a valid International Tonnage Certi- ficate (1 969); and (b) that the main characteristics of the ship correspond to the d