IMO IB001E-2010 Basic Documents Volume I (Sixth Edition).pdf

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1、 Basic DocumentsVolume I2010 Edition. CONVENTION ON THE INTERNATIONALMARITIME ORGANIZATION. Rules of Procedure of the Assembly. Rules of Procedure of the Council. Rules of Procedure of the Maritime Safety Committee. Rules of Procedure of the Legal Committee. Rules of Procedure of the Marine Environm

2、ent ProtectionCommittee. Rules of Procedure of the Technical Co-operation Committee. Rules of Procedure of the Facilitation Committee. Rules Governing Relationship with Non-GovernmentalInternational Organizations. Guidelines on the Grant of Consultative Status. Rules of Procedure for Meetings under

3、the London Convention,1972 and the 1996 Protocol to the London ConventionLondon, 2010First published in 1968by the INTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRwww.imo.orgSixth edition, 2010Printed in the United Kingdom by CPI Books Limited, Reading RG1 8EXISBN 978-92-801-15

4、11-6IMO PUBLICATIONSales number: IB001ECover photo: Alfonso RocaCopyright # International Maritime Organization 2010All rights reserved.No part of this publication may be reproduced,stored in a retrieval system or transmitted in any formor by any means without prior permission in writingfrom the Int

5、ernational Maritime Organization.This publication has been prepared from official documents of IMO, and every effort has been made toeliminate errors and reproduce the original text(s) faithfully. Readers should be aware that, in case ofinconsistency, the official IMO text will prevail.ContentsCONVE

6、NTION ON THE INTERNATIONALMARITIME ORGANIZATION . 9Rules of Procedure of the Assembly 39Rules of Procedure of the Council . 57Rules of Procedure of the Maritime Safety Committee 75Rules of Procedure of the Legal Committee 91Rules of Procedure of the Marine EnvironmentProtection Committee 107Rules of

7、 Procedure of the Technical Co-operation Committee 123Rules of Procedure of the Facilitation Committee. 139Rules Governing Relationship with Non-GovernmentalInternational Organizations 155Guidelines on the Grant of Consultative Status . 163Revised Rules of Procedure for Meetings under theLondon Conv

8、ention, 1972 and the 1996 Protocolto the London Convention, 1972 169Rules of Procedure for the Consultative andSpecial Meetings of the Contracting Parties to theConvention on the Prevention of Marine Pollutionby Dumping of Wastes and Other Matter, 1972 177Rules of Procedure for the Meetings and Spec

9、ial Meetingsof Contracting Parties to the 1996 Protocol to theConvention on the Prevention of Marine Pollutionby Dumping of Wastes and Other Matter, 1972 .193iiiCONVENTION ON THEINTERNATIONAL MARITIMEORGANIZATIONCONTENTSPagePart I Purposes of the OrganizationArticle1. 9Part II FunctionsArticle2. 10A

10、rticle3. 10Part III MembershipArticle4. 11Article5. 11Article6. 11Article7. 11Article8. 11Article9. 12Article10 12Part IV OrgansArticle11 12Part V The AssemblyArticle12 12Article13 12Article14 12Article15 13Part VI The CouncilArticle16 14Article17 14Article18 14Article19 15Article20 153PageArticle21

11、 15Article22 16Article23 16Article24 16Article25 16Article26 16Part VII Maritime Safety CommitteeArticle27 17Article28 17Article29 17Article30 17Article31 18Part VIII Legal CommitteeArticle32 18Article33 18Article34 18Article35 18Article36 19Part IX Marine Environment Protection CommitteeArticle37 1

12、9Article38 19Article39 20Article40 20Article41 20Part X Technical Co-operation CommitteeArticle42 20Article43 20Article44 21Article45 21Article46 214Basic documents, Volume IPagePart XI Facilitation CommitteeArticle47 21Article48 22Article49 22Article50 22Article51 22Part XII The SecretariatArticle5

13、2 23Article53 23Article54 23Article55 23Article56 23Article57 23Part XIII FinancesArticle58 24Article59 24Article60 24Article61 24Part XIV VotingArticle62 24Part XV Headquarters of the OrganizationArticle63 25Part XVI Relationship with the United Nationsand other organizationsArticle64 25Article65 2

14、6Article66 26Article67 26Article68 26Contents5PagePart XVII Legal capacity, privileges and immunitiesArticle69 27Article70 27Part XVIII AmendmentsArticle71 27Article72 28Article73 28Part XIX InterpretationArticle74 28Article75 28Part XX Miscellaneous provisionsArticle76Signatureandacceptance. 29Arti

15、cle77Territories 29Article78Withdrawal 29Part XXI Entry into forceArticle79 30Article80 30Article81 30Article82 31APPENDIX I . 32APPENDIX II 336Basic documents, Volume INoteThe present text incorporates the original text of the Convention on theInter-Governmental Maritime Consultative Organization a

16、dopted by theUnited Nations Maritime Conference in Geneva on 6 March 1948, asmodified by amendments adopted by Assembly resolutions A.69(ES.II),A.70(IV), A.315(ES.V), A.358(IX)*, A.400(X), A.450(XI), A.724(17), A.735(18)and A.781(19). This edition incorporates changes to the Convention and Rulesof P

17、rocedure of the Assembly up to December 2009.The amendments entered into force on the following dates:Date of entry into forceA.69(ES.II) of 15 September 1964 6 October 1967A.70(IV) of 28 September 1965 3 November 1968A.315(ES.V) of 17 October 1974 1 April 1978A.358(IX) of 14 November 1975 22 May 19

18、82A.400(X) of 17 November 1977 10 November 1984A.450(XI) of 15 November 1979 10 November 1984A.724(17) of 7 November 1991 7 December 2008A.735(18) of 4 November 1993 9 November 1994A.781(19) of 13 November 1995 17 November 1997Wherever in the texts the words Chairman or Vice-Chairman/Chairmenappear,

19、 this terminology shall be understood as extending to both men andwomen.*as corrected by resolution A.371(X) of 9 November 1977.9 November 1994 in respect of Articles 16, 17 and 19(b).28 July 1982 in respect of Article 66.8CONVENTION ON THEINTERNATIONAL MARITIME ORGANIZATION*The States Parties to th

20、e present Convention hereby establish the Intern-ational Maritime Organization (hereinafter referred to as the Organization).PART IPurposes of the OrganizationArticle 1The purposes of the Organization are:(a) To provide machinery for co-operation among Governments inthe field of governmental regulat

21、ion and practices relating totechnical matters of all kinds affecting shipping engaged ininternational trade; to encourage and facilitate the generaladoption of the highest practicable standards in mattersconcerning the maritime safety, efficiency of navigation andprevention and control of marine po

22、llution from ships; and to dealwith administrative and legal matters related to the purposes setout in this Article;(b) To encourage the removal of discriminatory action and unneces-sary restrictions by Governments affecting shipping engaged ininternational trade so as to promote the availability of

23、 shippingservices to the commerce of the world without discrimination;assistance and encouragement given by a Government for thedevelopment of its national shipping and for purposes of securitydoes not in itself constitute discrimination, provided that suchassistance and encouragement is not based o

24、n measuresdesigned to restrict the freedom of shipping of all flags to takepart in international trade;(c) To provide for the consideration by the Organization of mattersconcerning unfair restrictive practices by shipping concerns inaccordance with part II;*See note opposite.9(d) To provide for the

25、consideration by the Organization of anymatters concerning shipping and the effect of shipping on themarine environment that may be referred to it by any organ orspecialized agency of the United Nations;(e) To provide for the exchange of information among Governmentson matters under consideration by

26、 the Organization.PART IIFunctionsArticle 2In order to achieve the purposes set out in part I, the Organization shall:(a) Subject to the provisions of Article 3, consider and makerecommendations upon matters arising under Article 1(a), (b)and (c) that may be remitted to it by Members, by any organ o

27、rspecialized agency of the United Nations or by any otherintergovernmental organization or upon matters referred to itunder Article 1(d);(b) Provide for the drafting of conventions, agreements, or othersuitable instruments, and recommend these to Governments andto intergovernmental organizations, an

28、d convene such confer-ences as may be necessary;(c) Provide machinery for consultation among Members and theexchange of information among Governments;(d) Perform functions arising in connection with paragraphs (a), (b)and (c) of this Article, in particular those assigned to it by or underinternation

29、al instruments relating to maritime matters and theeffect of shipping on the marine environment;(e) Facilitate as necessary, and in accordance with part X, technicalco-operation within the scope of the Organization.Article 3In those matters which appear to the Organization capable of settlementthrou

30、gh the normal processes of international shipping business theOrganization shall so recommend. When, in the opinion of the Organization,any matter concerning unfair restrictive practices by shipping concerns isincapable of settlement through the normal processes of international10Basic documents, Vo

31、lume Ishipping business, or has in fact so proved, and provided it shall first havebeen the subject of direct negotiations between the Members concerned, theOrganization shall, at the request of one of those Members, consider thematter.PART IIIMembershipArticle 4Membership in the Organization shall

32、be open to all States, subject to theprovisions of part III.Article 5Members of the United Nations may become Members of the Organizationby becoming Parties to the Convention in accordance with the provisions ofArticle 76.Article 6States not Members of the United Nations which have been invited to s

33、endrepresentatives to the United Nations Maritime Conference convened inGeneva on 19 February 1948, may become Members by becoming Parties tothe Convention in accordance with the provisions of Article 76.Article 7Any State not entitled to become a Member under Article 5 or 6 may applythrough the Sec

34、retary-General of the Organization to become a Member andshall be admitted as a Member upon its becoming a Party to the Conventionin accordance with the provisions of Article 76 provided that, upon therecommendation of the Council, its application has been approved by twothirds of the Members other

35、than Associate Members.Article 8Any Territory or group of Territories to which the Convention has been madeapplicable under Article 77, by the Member having responsibility for itsinternational relations or by the United Nations, may become an AssociateMember of the Organization by notification in wr

36、iting given by such Memberor by the United Nations, as the case may be, to the Secretary-General of theUnited Nations.Articles 1, 2, 3, 4, 5, 6, 7, 811Article 9An Associate Member shall have the rights and obligations of a Memberunder the Convention except that it shall not have the right to vote or

37、 beeligible for membership on the Council and subject to this the wordMember in the Convention shall be deemed to include Associate Memberunless the context otherwise requires.Article 10No State or Territory may become or remain a Member of the Organizationcontrary to a resolution of the General Ass

38、embly of the United Nations.PART IVOrgansArticle 11The Organization shall consist of an Assembly, a Council, a Maritime SafetyCommittee, a Legal Committee, a Marine Environment ProtectionCommittee, a Technical Co-operation Committee, a Facilitation Committeeand such subsidiary organs as the Organiza

39、tion may at any time considernecessary; and a Secretariat.PART VThe AssemblyArticle 12The Assembly shall consist of all the Members.Article 13Regular sessions of the Assembly shall take place once every two years.Extraordinary sessions shall be convened after a notice of sixty days wheneverone third

40、 of the Members give notice to the Secretary-General that theydesire a session to be arranged, or at any time if deemed necessary by theCouncil, after a notice of sixty days.Article 14A majority of the Members other than Associate Members shall constitute aquorum for the meetings of the Assembly.12B

41、asic documents, Volume IArticle 15The functions of the Assembly shall be:(a) To elect at each regular session from among its Members, otherthan Associate Members, its President and two Vice-Presidentswho shall hold office until the next regular session;(b) To determine its own Rules of Procedure exc

42、ept as otherwiseprovided in the Convention;(c) To establish any temporary or, upon recommendation of theCouncil, permanent subsidiary bodies it may consider to benecessary;(d) To elect the Members to be represented on the Council asprovided in Article 17;(e) To receive and consider the reports of th

43、e Council, and to decideupon any question referred to it by the Council;(f) To approve the work programme of the Organization;(g) To vote the budget and determine the financial arrangements ofthe Organization, in accordance with part XIII;(h) To review the expenditures and approve the accounts of th

44、eOrganization;(i) To perform the functions of the Organization, provided that inmatters relating to Article 2(a) and (b), the Assembly shall refersuch matters to the Council for formulation by it of anyrecommendations or instruments thereon; provided further thatany recommendations or instruments su

45、bmitted to the Assemblyby the Council and not accepted by the Assembly shall bereferred back to the Council for further consideration with suchobservations as the Assembly may make;(j) To recommend to Members for adoption, regulations andguidelines concerning maritime safety, the prevention and cont

46、rolof marine pollution from ships and other matters concerning theeffect of shipping on the marine environment assigned to theOrganization by or under international instruments, or amend-ments to such regulations and guidelines which have beenreferred to it;(k) To take such action as it may deem app

47、ropriate to promotetechnical co-operation in accordance with Article 2(e), taking intoaccount the special needs of developing countries;Articles 9, 10, 11, 12, 13, 14, 1513(l) To take decisions in regard to convening any internationalconference or following any other appropriate procedure for theado

48、ption of international conventions or of amendments to anyinternational conventions which have been developed by theMaritime Safety Committee, the Legal Committee, the MarineEnvironment Protection Committee, the Technical Co-operationCommittee, the Facilitation Committe or other organs of theOrganiz

49、ation;(m) To refer to the Council for consideration or decision any matterswithin the scope of the Organization, except that the function ofmaking recommendations under paragraph (j) of this Article shallnot be delegated.PART VIThe CouncilArticle 16The Council shall be composed of forty Members elected by the Assembly.Article 17In electing the Members of the Council, the Assembly shall observe thefollowing criteria:(a) Ten shall be States with the largest interest in providinginternational shi