rijk/verdrag/protocol-van-1988-bij-het-internationaal-verdrag-betreffende-de-uitwatering-van/BWBV0004095/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Protocol van 1988 bij het Internationaal Verdrag betreffende de uitwatering van schepen, 1966	BWBV0004095	verdrag	geldend	2000-02-03	https://wetten.overheid.nl/BWBV0004095	Protocol van 1988 bij het Internationaal Verdrag betreffende de uitwatering van schepen, 1966

Protocol van 1988 bij het Internationaal Verdrag betreffende de uitwatering van schepen, 1966

Artikel I

1. The Parties to the present Protocol undertake to give effect to the provisions of the present Protocol and the Annexes hereto, which shall constitute an integral part of the present Protocol. Every reference to the present Protocol constitutes at the same time a reference to the Annexes hereto.

2. As between the Parties to the present Protocol, the provisions of the International Convention on Load Lines, 1966 (hereinafter referred to as "the Convention"), except article 29, shall apply subject to the modifications and additions set out in the present Protocol.

3. With respect to ships entitled to fly the flag of a State which is not a Party to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.

Artikel II

1. Notwithstanding any other provisions of the present Protocol, any International Load Line Certificate which is current when the present Protocol enters into force in respect of the Government of the State whose flag the ship is entitled to fly shall remain valid until it expires.

2. A Party to the present Protocol shall not issue certificates under, and in accordance with, the provisions of the International Convention on Load Lines, 1966, as adopted on 5 April 1966.

Artikel III

The Parties to the present Protocol undertake to communicate to, and deposit with, the Secretary-General of the International Maritime Organization (hereinafter referred to as "the Organization"):

a) a) the text of laws, decrees, orders and regulations and other instruments which have been promulgated on the various matters within the scope of the present Protocol; b) b) a list of nominated surveyors or recognized organizations which are authorized to act on their behalf in the administration of load line matters for circulation to the Parties for information of their officers, and a notification of the specific responsibilities and conditions of the authority delegated to those nominated surveyors or recognized organizations; and c) c) a sufficient number of specimens of their certificates issued under the provisions of the present Protocol.

Artikel IV

1.

The present Protocol shall be open for signature at the Headquarters of the Organization form 1 March 1989 to 28 February 1990 and shall thereafter remain open for accession. Subject to the provisions of paragraph 3, States may express their consent to be bound by the present Protocol by:

a) a) signature without reservation as to ratification, acceptance or approval; or b) b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or c) c) accession.

2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.

3. The present Protocol may be signed without reservation, ratified, accepted, approved or acceded to only by States which have signed without reservation, accepted or acceded to the Convention.

Artikel V

1.

The present Protocol shall enter into force twelve months after the date on which both the following conditions have been met:

a) a) not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping, have expressed their consent to be bound by it in accordance with article IV, and b) b) the conditions for the entry into force of the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974 have been met, provided that the present Protocol shall not enter into force before 1 February 1992.

2. For States which have deposited an instrument of ratification acceptance, approval or accession in respect of the present Protocol after the conditions for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the present Protocol or three months after the date of deposit of the instrument, whichever is the later date.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date on which the present Protocol enters into force shall take effect three months after the date of deposit.

4. After the date on which an amendment to the present Protocol or an amendment, as between the Parties to the present Protocol, to the Convention is deemed to have been accepted under article VI, any instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol or the Convention as amended.

Artikel VI

1. The present Protocol and, as between the Parties to the present Protocol, the Convention may be amended by either of the procedures specified in the following paragraphs.

2.

Amendment after consideration within the Organization:

a) a) Any amendment proposed by a Party to the present Protocol shall be submitted to the Secretary-General of the Organization, who shall then circulate it to all Members of the Organization and all Contracting Governments to the Convention at least six months prior to its consideration. b) b) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration. c) c) States which are Parties to the present Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments. d) d) Amendments shall be adopted by a two-thirds majority of the Parties to the present Protocol present and voting in the Maritime Safety Committee expanded as provided for in subparagraph c) (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one third of the Parties shall be present at the time of voting. e) e) Amendments adopted in accordance with subparagraph d) shall be communicated by the Secretary-General of the Organization to all Parties to the present Protocol for acceptance. f) f)

        (i) 
        An amendment to an article or Annex A to the present Protocol or an amendment, as between Parties to the present Protocol, to an article of the Convention, shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties to the present Protocol.
      
      
        (ii)
        An amendment to Annex B to the present Protocol or an amendment, as between Parties to the present Protocol, to an Annex to the Convention, shall be deemed to have been accepted:
        
          
            (aa)
            at the end of two years from the date on which it is communicated to Parties to the present Protocol for acceptance; or
          
          
            (bb)
            at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
          
        
        However, if within the specified period either more than one third of the Parties, or Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of all the merchant fleets of all Parties, notify the Secretary-General of the Organization that they object to the amendment, it shall be deemed not to have been accepted.

(i) (i) An amendment to an article or Annex A to the present Protocol or an amendment, as between Parties to the present Protocol, to an article of the Convention, shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties to the present Protocol. (ii) (ii) An amendment to Annex B to the present Protocol or an amendment, as between Parties to the present Protocol, to an Annex to the Convention, shall be deemed to have been accepted:

            (aa)
            at the end of two years from the date on which it is communicated to Parties to the present Protocol for acceptance; or
          
          
            (bb)
            at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
          
        
        However, if within the specified period either more than one third of the Parties, or Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of all the merchant fleets of all Parties, notify the Secretary-General of the Organization that they object to the amendment, it shall be deemed not to have been accepted.

(aa) (aa) at the end of two years from the date on which it is communicated to Parties to the present Protocol for acceptance; or (bb) (bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. g) g)

        (i) 
        An amendment referred to in subparagraph f) (i) shall enter into force with respect to those Parties to the present Protocol which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.
      
      
        (ii)
        An amendment referred to in subparagraph f)(ii) shall enter into force with respect to all Parties to the present Protocol, except those which have objected to the amendment under that subparagraph and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force, and Party may give notice to the Secretary-General of the Organization that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

(i) (i) An amendment referred to in subparagraph f) (i) shall enter into force with respect to those Parties to the present Protocol which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance. (ii) (ii) An amendment referred to in subparagraph f)(ii) shall enter into force with respect to all Parties to the present Protocol, except those which have objected to the amendment under that subparagraph and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force, and Party may give notice to the Secretary-General of the Organization that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

3.

Amendment by a Conference:

a) a) Upon the request of a Party to the present Protocol concurred in by at least one third of the Parties, the Organization shall convene a Conference of Parties to consider amendments to the present Protocol and the Convention. b) b) Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General of the Organization to all Parties for acceptance. c) c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in subparagraphs 2f) and 2g) respectively, provided that references in these paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

4. a) a) A Party to the present Protocol which has accepted an amendment referred to in subparagraph 2f)(ii) which has entered into force shall not be obliged to extend the benefit of the present Protocol in respect of the certificates issued to a ship entitled to fly the flag of a State Party which, pursuant to the provisions of that subparagraph, has objected to the amendment and has not withdrawn such an objection, in so far as such certificates relate to matters covered by the amendment in question. b) b) A Party to the present Protocol which has accepted an amendment referred to in subparagraph 2f)(ii) which has entered into force shall extend the benefit of the present Protocol in respect of the certificates issued to a ship entitled to fly the flag of a State Party which, pursuant to the provisions of subparagraph 2g)(ii), has notified the Secretary-General of the Organization that it exempts itself from giving effect to the amendment.

5. Unless expressly provided otherwise, any amendment made under this article which relates to the structure of a ship shall apply only to ships the keels of which are laid or which are at a similar stage of construction on or after the date on which the amendment enters into force.

6. Any declaration of acceptance of, or objection to, an amendment or any notice given under subparagraph 2g)(ii) shall be submitted in writing to the Secretary-General of the Organization, who shall inform all Parties to the present Protocol of any such submission and the date of its receipt.

7. The Secretary-General of the Organization shall inform all Parties to the present Protocol of any amendments which enter into force under this article, together with the date on which each such amendment enters into force.

Artikel VII

1. The present Protocol may be denounced by any Party at any time after the expiry of five years from the date on which the present Protocol enters into force for that Party.

2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General of the Organization.

4. A denunciation of the Convention by a Party shall be deemed to be a denunciation of the present Protocol by that Party. Such denunciation shall take effect on the same date as denunciation of the Convention takes effect according to paragraph 3) of article 30 of the Convention.

Artikel VIII

1. The present Protocol shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the depositary").

2.

The depositary shall:

a) a) inform the Governments of all States which have signed the present Protocol or acceded thereto of:

        (i)
        each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
      
      
        (ii)
        the date of entry into force of the present Protocol;
      
      
        (iii)
        the deposit of any instrument of denunciation of the present Protocol together with the date on which it was received and the date on which the denunciation takes effect;

(i) (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) (ii) the date of entry into force of the present Protocol; (iii) (iii) the deposit of any instrument of denunciation of the present Protocol together with the date on which it was received and the date on which the denunciation takes effect; b) b) transmit certified true copies of the present Protocol to the Governments of all States which have signed the present Protocol or acceded thereto.

3. As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Artikel IX

The present Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.