International Convention relating to intervention on the high seas in cases of oil pollution casualties
| Coming into Force | 06 May 1975 |
| Subject Terms | Environment,Maritime matters,Fuels,Pollution,Commodities,Sea,UNCLOS (Law of the Sea) |
| Registration Number | 14049 |
| Date of Conclusion | 29 November 1969 |
| Registration Date | 25 May 1975 |
| Citation | UNTS v. 970 (p.211) |
| Party Submitting the Application for Registration | International Maritime Organization |
| Type of Document | Multilateral |
| Depositary | Secretary-General of the International Maritime Organization |
| Participants | Argentina,Australia,Bahamas,Bangladesh,Barbados,Bélgica,Benin,Bulgaria,Camerún,Chile,China,Côte d'Ivoire,Croacia,Cuba,Dinamarca,Djibouti,República Dominicana,Ecuador,Egipto,Equatorial Guinea,Federal Republic of Germany,Fiji,Finlandia,France,Gabon,Georgia,German Democratic Republic,Ghana,Guyana,Hong Kong,Islandia,Ireland,Islamic Republic of Iran,Italia,Jamaica,Japón,Kuwait,Lebanon,Liberia,Marshall Islands,Mauritania,México,Monaco,Morocco,Holanda,New Zealand,Nicaragua,None,Noruega,Oman,Pakistán,Panamá,Papua New Guinea,Polonia,Portugal,Qatar,Senegal,Eslovenia,South Africa,España,Sri Lanka,Suriname,Suecia,Suiza,Syrian Arab Republic,Tonga,Tunisia,Ukraine,Union of Soviet Socialist Republics,United Arab Emirates,United Kingdom of Great Britain and Northern Ireland,Vanuatu,Yemen Arab Republic,Yugoslavia (Socialist Federal Republic of) |
No.
14049
MULTILATERAL
International
Convention
relating
to
intervention
on
the
high
seas
in
cases
of
oil
pollution
casualties
(with
annex,
official
Russian
and
Spanish
translations
and
Final Act
of
the
International
Legal
Conference
on
marine
pollu
tion
damage,
1969).
Concluded
at
Brussels
on
29
November
1969
Authentic
texts
of
the
Convention:
English
and
French.
Authentic
texts
of
the
Final
Act:
English,
French,
Russian
and
Spanish.
Registered
by
the
Inter-Governmental
Maritime
Consultative
Organization
on
25
May
1975.
MULTILATERAL
Convention
internationale
sur l'intervention
en
haute mer
en
cas
d'accident
entra nant
ou
pouvant
entra ner
une
pollution
par
les
hydrocarbures
(avec
annexe,
traduc
tions
officielles
en
langues
russe
et
espagnole,
et Acte
final
de
la
Conf rence
juridique
internationale
de
1969
sur
les
dommages
dus
la
pollution
des
eaux
de
la
mer).
Conclue
Bruxelles
le
29
novembre
1969
Textes
authentiques
de
la
Convention
:
anglais
et
fran ais.
Textes
authentiques
de
l'Acte
final
:
anglais,
fran ais,
russe
et
espagnol.
Enregistr e
par
l'Organisation
intergouvernementale consultative
de
la
naviga
tion
maritime
le
25
mai
1975.
Vol
970,
1-14049
212
United
Nations
—
Treaty
Séries
•
Nations Unies
—
Recueil
des
Traités
1975
INTERNATIONAL
CONVENTION'
RELATING
TO
INTERVENTION
ON
THE
HIGH
SEAS
IN
CASES
OF
OIL
POLLUTION
CASUALTIES
The
States
Parties
to
the
present
Convention,
Conscious
of
the
need
to
protect
the
interests
of
their
peoples
against
the grave
consequences
of
a
maritime
casualty resulting
in
danger
of
oil
pollution
of
sea
and
coastlines,
Convinced
that
under
these
circumstances
measures
of
an
exceptional
character
to
protect
such
interests
might
be
necessary
on
the
high
seas
and
that
these
measures
do
not
affect
the
principle
of
freedom
of
the
high
seas,
Have
agreed
as
follows:
Article
1.
1.
Parties
to
the
present
Convention
may
take
such
measures
on
the
high
seas
as
may
be
necessary
to
prevent,
mitigate
or
eliminate
grave
and
imminent
danger
to
their
coastline
or
related
interests
from
pollution
or
threat
of
pollution
of
the
sea
by
oil,
following
upon
a
maritime
casualty
or
acts
related
to
such
a
casualty,
which may
reasonably
be
expected
to
result
in
major
harmful
consequences.
2.
However,
no
measures
shall
be
taken
under
the
present
Convention
against
any
warship
or
other
ship
owned
or
operated
by
a
State
and
used,
for
the
time
being,
only
on
government
non-commercial
service.
'
Came into
force
on 6
May
1975,
in
respect
of
the
following
States,
i.e.
on the
ninetieth
day
following
the
date
on
which
Governments
of
fifteen
States
had
either
signed
it
without
reservation
as
to
ratification,
acceptance
or
approval
or
had
deposited
instruments
of
ratification,
acceptance,
approval
or
accession
with
the
Secretary-General
of
the
Inter-Governmental
Maritime
Consultative
Organization,
in
accordance
with
article XI(1):
Duti'
of
definitive
signature
(s).
or
tlcite
t>J
(tcrmsit
of
the
instrument
of
ratification,
acceptance
(A),
Stale
approval
(AA)
or
accession
(a)
Belgium........................................................
21
October
1971
Denmark
.......................................................
18
December
1970
s
Dominican
Republic..............................................
5
February
1975
Fiji............................................................
15
August
1972
a
France
.........................................................
10
May
1972
Japan
..........................................................
6
April
1971
A
Liberia.........................................................
25
September
1972
a
Monaco
........................................................
24
February
1975
(With
effect
from
25
May
1975.)
Morocco
.......................................................
11
April
1974
a
New
Zealand....................................................
26
March
1975
a
(With
effect
from
24
June
1975.)
Norway
........................................................
12
July
1972 a
Senegal
........................................................
27
March
1972 a
Spain
..........................................................
8
November
1973
Sweden
........................................................
8
February
1973
A
Syrian
Arab
Republic.............................................
6
February
1975
a
(With
a
declaration.*
With
effect
from
7
May
1975.)
Union
of
Soviet
Socialist
Republics
................................
30
December
1974
a
(With a
declaration.)*
United
Kingdom
of
Great
Britain
and
Northern
Ireland................
12
January
1971
(With
a
declaration
to the
effect
that
the
Convention
shall
apply
to
Hong
Kong).
United
States
of
America
.........................................
21
February
1974
Subsequently,
the
following
State
deposited
its
instrument
of
ratification;
Federal
Republic
of
Germany......................................
7
May
1975
(With
a
declaration.*
With
effect
from
5
August
1975.)
*
For
the
texts
of
the
declarations
see
p.
262
of
this
volume.
Vol.
970.
1-14049
1975
United
Nations
—
Treaty
Séries
•
Nations
Unies
—
Recueil
des
TVaités
213
Article
II.
For
the
purposes
of
the
present
Convention:
1.
"Maritime
casualty"
means
a
collision
of
ships, stranding
or
other
incident
of
navigation,
or
other
occurrence
on
board
a
ship
or
external
to
it
resulting
in
material
damage
or
imminent
threat
of
material
damage
to
a
ship
or
cargo.
2.
"Ship"
means:
(a)
any
sea-going
vessel
of
any
type
whatsoever,
and
(b)
any
floating
craft,
with
the
exception
of
an
installation
or
device
engaged
in
the
exploration
and
exploitation
of
the
resources
of
the
sea-bed
and
the
ocean
floor
and
the
subsoil
thereof.
3.
"Oil"
means
crude
oil,
fuel
oil,
diesel
oil
and
lubricating
oil.
4.
"Related
interests"
means
the
interests
of
a
coastal
State
directly
affected
or
threatened
by
the
maritime
casualty,
such
as:
(a)
maritime
coastal,
port
or
estuarine
activities,
including
fisheries
activities,
constitut
ing
an
essential
means
of
livelihood
of
the
persons
concerned;
(b)
tourist
attractions
of
the
area
concerned;
(c)
the
health
of
the
coastal
population
and
the
well-being
of
the
area
concerned,
including
conservation
of
living
marine
resources
and
of
wildlife.
5.
"Organization"
means
the
Inter-Governmental
Maritime
Consultative
Organiza
tion.
Article
HI.
When
a
coastal
State
is
exercising
the
right
to
take
measures
in
accordance
with
Article
I,
the
following
provisions
shall
apply:
(a)
before
taking
any
measures,
a
coastal
State
shall
proceed
to
consultations
with
other
States
affected
by
the
maritime
casualty,
particularly
with
the
flag
State
or
States;
(b)
the
coastal
State
shall
notify without
delay
the
proposed
measures
to
any
persons
physical
or
corporate
known
to
the
coastal
State,
or
made
known
to
it
during
the
consultations,
to
have
interests
which
can
reasonably
be
expected
to
be
affected
by
those
measures.
The
coastal
State
shall take
into
account
any views
they
may
submit;
(c)
before
any
measure
is
taken,
the
coastal
State may
proceed
to
a
consultation
with
independent
experts,
whose
names
shall
be
chosen
from
a
list
maintained
by
the
Organization;
(d)
in
cases
of
extreme
urgency
requiring
measures
to
be
taken
immediately,
the
coastal
State
may
take
measures
rendered necessary
by
the
urgency
of
the
situation, without
prior
notification
or
consultation
or
without
continuing consultations
already
begun;
(e)
a
coastal
State
shall,
before
taking
such
measures
and
during
their
course,
use
its
best
endeavours
to
avoid
any
risk
to
human
life,
and
to
afford
persons
in
distress
any
assistance
of
which
they
may
stand
in
need,
and
in
appropriate
cases
to
facilitate
the
repatriation
of
ships'
crews,
and
to
raise
no
obstacle
thereto;
(/)
measures
which
have
been
taken
in
application
of
Article
I
shall
be
notified
without
delay
to
the
States
and
to
the
known
physical or corporate
persons
concerned,
as
well
as
to
the
Secretary-General
of
the
Organization.
Article
IV.
1.
Under
the
supervision
of
the
Organization,
there
shall
be
set
up
and
maintained
the
list
of
experts
contemplated
by
Article
III
of
the
present
Convention,
and
the
Organization
shall
make
necessary
and
appropriate
regulations
in
connexion
therewith,
including
the
determination
of
the
required
qualifications.
2.
Nominations
to
the list
may
be
made
by
Member
States
of
the
Organization
and
by
Parties
to
this
Convention.
The
experts
shall
be
paid
on
the
basis
of
services
rendered
by
the
States
utilizing
those
services.
Vol.
970.
1-14049
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