London, 2 November 1973

The Parties to the Convention,

Being conscious of the need to preserve the human environment

in general and the marine environment in particular,

Recognizing that deliberate, negligent or accidental release

of oil and other harmful substances from ships constitutes a

serious source of pollution,

Recognizing also the importance of the International

Convention for the Prevention of Pollution of the Sea by Oil,

1954, as being the first multilateral instrument to be

concluded with the prime objective of protecting the

environment, and appreciating the significant contribution

which that Convention has made in preserving the seas and

coastal environment from pollution,

Desiring to achieve the complete elimination of intentional

pollution of the marine environment by oil and other harmful

substances and the minimization of accidental discharge of

such substances,

Considering that this object may best be achieved by

establishing rules not limited to oil pollution having a

universal purport,

Have agreed as follows:

Article 1

GENERAL OBLIGATIONS UNDER THE CONVENTION

1 The Parties to the Convention undertake to give effect to

the provisions of the present Convention and those Annexes

thereto by which they are bound, in order to prevent the

pollution of the marine environment by the discharge of

harmful substances or effluents containing such substances in

contravention of the Convention.

2. Unless expressly provided otherwise, a referrence to the

present Convention constitutes at the same time a reference

to its Protocol and to the Annexes.

Article 2

DEFINITIONS

For the purposes of the present Convention, unless expressly

provided otherwise:

1. "Regulations" means the Regulations contained in the

Annexes to the present Convention

2. "Harmful substance" means any substance which, if

introduced into the sea, is liable to create hazards to human

health, to harm living resources and marine life, to damage

amenities or to interfere with other legitimate uses of the

sea, and includes any substance subject to control by the

present Convention.

3. a) "Discharge", in relation to harmful substances or

effluents containing such substances, means any release

howsoever caused from a ship and includes any escape,

disposal, spilling, leaking, pumping, emitting or emptying;

b) "Discharge" does not include:

(i) dumping within the meaning of the Convention on the

Prevention of Marine Pollution by Dumping of Wastes and Other

Matter, done at London on 13 November 1972; or

(ii) release of harmful substances directly arising from the

exploration, exploitation and associated off-shore processing

of sea-bed mineral resources; or

(iii) release of harmful substances for purpose of legitimate

scientific research into pollution abatement or control.

4. "Ship" means a vessel of any type whatsoever operating in

the marine environment and includes hydrofoil boats, air-

cushion vehicles, submersibles, floating craft and fixed or

floating platforms.

5. "Administration" means the Government of the State under

whose authority the ship is operating. With respect to a ship

entitled to fly a flag of any State, the Administration is

the Government of that State. With respect to fixed or

floating platforms engaged in exploration and exploitation of

the sea-bed and subsoil thereof adjacent to the coast over

which the coastal State exercises sovereign rights for the

purposes of exploration and exploitation of their natural

resources, the Administration is the Government of the

coastal State concerned.

6. "Incident" means an event involving the actual or probable

discharge into the sea of a harmful substance, or effluents

containing such a substance.

7. "Organization" means the Inter-Governmental Maritime

Consultative Organization.

Article 3

APPLICATION

1. The present Convention shall apply to:

a) ships entitled to fly the flag of a Party to the

Convention; and

b) ships not entitled to fly the flag of a Party but which

operate under the authority of a Party.

2. Nothing in the present Article shall be construed as

derogating from or extending the sovereign rights of the

Parties under international law over the sea-bed and subsoil

thereof adjacent to their coasts for the purposes of

exploration and exploitation of their natural resources.

3. The present Convention shall not apply to any warship,

naval auxiliary or other ship owned or operated by a State

and used, for the time being only on government non-

commercial service. However, each Party shall ensure by the

adoption of appropriate measures not impairing the operations

or operational capabilities of such ships owned or operated

by it, that such ships act in a manner consistent, so far as

is reasonable and practicable, with the present Convention.

Article 4

VIOLATION

1. Any violation of the requirements of the present

Convention shall be prohibited and sanctions shall be

established therefore under the law of the Administration of

the ship concerned wherever the violation occurs. If the

Administration is informed of such a violation and is

satisfied that sufficient evidence is available to enable

proceedings to be brought in respect of the alleged

violation, it shall cause such proceedings to be taken as

soon as possible, in accordance with its law.

2. Any violation of the requirements of the present

Convention within the jurisdiction of any Party to the

Convention shall be prohibited and sanctions shall be

established therefore under the law of that Party. Whenever

and violation occurs, the Party shall either:

a) cause proceedings to be taken in accordance with its law;

or

b) furnish to the Administration of the ship such information

and evidence as may be in its possession that a violation has

occurred.

3. Where information or evidence with respect to any

violation of the present Convention by a ship is furnished to

the Administration of that ship, the Administration shall

promptly inform the Party which has furnished the information

or evidence and the Organization, of the action taken.

4. The penalties specified under the law of a Party pursuant

to the present Article shall be adequate in severity to

discharge violations of the present Convention and shall be

equally severe irrespective of where the violations occur.

Article 5

CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS

1. Subject to the provisions of paragraph (2) of the present

Article a certificate issued under the authority of a Party

to the Convention in accordance with the provisions of the

Regulations shall be accepted by the other Parties and

regarded for all purposes covered by the present Convention

as having the same validity as a certificate issued by them.

2. A ship required to hold a certificate in accordance with

the provisions of the Regulations is subject, while in the

ports or off-shore terminals under the jurisdiction of a

Party, to inspection by officers duly authorized by that

Party. Any such inspection shall be limited to verifying that

there is on board a valid certificate, unless there are clear

grounds for believing that the condition of the ship or its

equipment does not correspond substantially with the

particulars of that certificate. In that case, or if the ship

does not carry a valid certificate the Party carrying out the

inspection shall take such steps as will ensure that the ship

shall not sail until it can proceed to sea without presenting

an unreasonable threat of harm to the marine environment.

That Party may, however, grant such a ship permission to

leave the port or off-shore terminal for the purpose of

proceedings to the nearest appropriate repair yard available.

3. If a Party denies a foreign ship entry to the ports or

off-shore terminals under its jurisdiction or takes any

action against such a ship for the reason that the ship does

not comply with the provisions of the present Convention, the

Party shall immediately inform the consul or diplomatic

representative of the Party whose flag the ship is entitled

to fly, or if this is not possible, the Administration of the

ship concerned. Before denying entry or taking such action

the Party may request consultation with the Administration of

the ship concerned. Information shall also be given to the

Administration when a ship does not carry a valid certificate

in accordance with the provisions of the Regulations.

4. With respect to the ships of non-Parties to the

Convention, Parties shall apply the requirements of the

present Convention as may be necessary to ensure that no more

favourable treatment is given to such ships.

Article 6

DETECTION OF VIOLATIONS AND ENFORCEMENT OF THE CONVENTION

1. Parties to the Convention shall co-operate in the

detection of violations and the enforcement of the provisions

of the present Convention, using all appropriate and

practicable measures of detection and environmental

monitoring, adequate procedures for reporting and

accumulation of evidence.

2. A ship to which the present Convention applies may, in any

port or off-shore terminal of a Party, be subject to

inspection by officers appointed or authorized by that Party

for the purpose of verifying whether the ship has discharged

any harmful substances in violation of the provisions of the

Regulations. If an inspection indicates a violation of the

Convention, a report shall be forwarded to the Administration

for any appropriate action.

3. Any Party shall furnish to the Administration evidence, if

any, that the ship had discharged harmful substances in

violation of the provisions of the Regulations. If it is

practicable to do so, the competent authority of the former

Party shall notify the Master of the ship of the alleged

violation.

4. Upon receiving such evidence, the Administration so

informed shall investigate the matter, and may request the

other Party to furnish further or better evidence of the

alleged contravention. If the Administration is satisfied

that sufficient evidence is available to enable proceedings

to be brought in respect of the alleged violation, it shall

cause such proceedings to be taken in accordance with its law

as soon as possible. The Administration shall promptly inform

the Party which has reported the alleged violation, as well

as the Organization, of the action taken.

5. A Party may also inspect a ship to which the present

Convention applies when it enters the ports or off-shore

terminals under its jurisdiction, if a request for an

investigation is received from any Party together with

sufficient evidence that the ship has discharged harmful

substances or effluents containing such substances in any

place. The report of such investigation shall be sent to the

Party requesting it and to the Administration so that the

appropriate action may be taken under the present Convention.

Article 7

UNDUE DELAY TO SHIPS

1. All possible efforts shall be made to avoid a ship being

unduly detained or delayed under Article 4, 5, or 6 of the

present Convention.

2. When a ship is unduly detained or delayed under Article 4,

5, 6 of the present Convention, it shall be entitled to

compensation for any loss or damage suffered.

Article 8

REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES

1. A report of an incident shall be made without delay to the

fullest extent possible in accordance with the provisions of

Protocol I to the present Convention.

2. Each Party to the Convention shall:

a) make all arrangements necessary for an appropriate officer

or agency to receive and process all reports on incidents;

and

b) notify the Organization with complete details of such

arrangements for circulation to other Parties and Member

States of the Organization.

3. Whenever a Party receives a report under the provisions of

the present Article, the Party shall relay the report without

delay to:

a) the Administration of the ship involved; and

b) any other State which may be affected.

4. Each Party to the Convention undertakes to issue

instructions to its maritime inspection vessels and aircraft

and to other appropriate services to report to its

authorities any incident referred to in Protocol I to the

present Convention. That Party shall, if it considers it

appropriate, report accordingly to the Organization and to

any other party concerned.

Article 9

OTHER TREATIES AND INTERPRETATION

1. Upon its entry into force, the present Convention

supersedes the International Convention for the Prevention of

Pollution of the Sea by Oil, 1954, as amended, as between

Parties to that Convention.

2. Nothing in the present Convention shall prejudice the

codification and development of the law of the sea by the

United Nations Conference on the Law of the Sea convened

pursuant to Resolution 2750 C (XXV) of the General Assembly

of the United Nations nor the present or future claims and

legal views of any State concerning the law of the sea and

the nature and extent of coastal and flag State jurisdiction.

3. The term "jurisdiction" in the present Convention shall be

construed in the light of international law in force at the

time of application or interpretation of the present

Convention.

Article 10

SETTLEMENT OF DISPUTES

Any dispute between two or more Parties to the Convention

concerning the interpretation or application of the present

Convention shall, if settlement by negotiation between the

Parties involved has not been possible, and if these Parties

do not otherwise agree, be submitted upon request of any of

them to arbitration as set out in Protocol II to the present

Convention.

Article 11

COMMUNICATION OF INFORMATION

1. The Parties to the Convention undertake to communicate to

the Organization:

a) the text of laws, orders, decrees and regulations and

other instruments which have been promulgated on the various

matters within the scope of the present Convention;

b) a list of non-governmental agencies which are authorized

to act on their behalf in matters relating to the design,

construction and equipment of ships carrying harmful

substances in accordance with the provisions of the

Regulations;

c) a sufficient number of specimens of their certificates

issued under the provisions of the Regulations;

d) a list of reception facilities including their location,

capacity and available facilities and other characteristics;

e) official reports or summaries of official reports in so

far as they show the results of the application of the

present Convention; and

f) an annual statistical report, in a form standardized by

the Organization, of penalties actually imposed for

infringement of the present Convention.

2. The Organization shall notify Parties of the receipt of

any communications under the present Article and circulate to

all Parties any information communicated to it under sub-

paragraphs (1) (b) to (f) of the present Article.

Article 12

CASUALTIES TO SHIPS

1. Each Administration undertakes to conduct an investigation

of any casualty occurring to any of its ships subject to the

provisions of the Regulations if such casualty has produced a

major deleterious effect upon the marine environment.

2. Each Party to the Convention undertakes to supply the

Organization with information concerning the findings of such

investigation, when it judges that such information may

assist in determining what changes in the present Convention

might be desirable.

Article 13

SIGNATURES, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. The present Convention shall remain open for signature at

the Headquarters of the Organization from 15 January 1974

until 31 December 1974 and shall thereafter remain open for

accession. States may become Parties to the present

Convention by:

a) signature without reservation as to ratification,

acceptance or approval; or

b) signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval; or

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 Secretary-General of the Organization shall inform all

States which have signed the present Convention or acceded to

it of any signature or of the deposit of any new instrument

of ratification, acceptance, approval or accession and the

date of its deposit.

Article 14

OPTIONAL ANNEXES

1. A State may at the time of signing, ratifying, accepting,

approving or acceding to the present Convention declare that

it does not accept any one or all of Annexes III, IV, and V

(hereinafter referred to as "Optional Annexes") of the

present Convention. Subject to the above, Parties to the

Convention shall be bound by any Annex in its entirety.

2. A State which has declared that it is not bound by an

Optional Annex may at any time accept such Annex by

depositing with the Organization an instrument of the kind

referred to in Article 13 (2).

3. A State which makes a declaration under paragraph (1) of

the present Article in respect of an Optional Annex and which

has not subsequently accepted that Annex in accordance with

paragraph (2) of the present Article shall not be under any

obligation nor entitled to claim any privileges under the

present Convention in respect of matters related to such

Annex and all reference to Parties in the present Convention

shall include that State in so far as matters related to such

Annex are concerned.

4. The Organization shall inform the States which have signed

or acceded to the present Convention of any declaration under

the present Article as well as the receipt of any instrument

deposited in accordance with the provisions of paragraph (2)

of the present Article.

Article 15

ENTRY INTO FORCE

1. The Convention shall enter into force twelve months after

the date on which not less than 15 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 become parties to it in accordance with Article 13.

2. An Optional Annex shall enter into force twelve months

after the date on which the conditions stipulated in

paragraph (1) of the present Article have been satisfied in

relation to that Annex.

3. The Organization shall inform the States which have signed

the present Convention or acceded to it of the date on which

it enters into force and of the date on which the Optional

Annex enters into force in accordance with paragraph (2) of

the present Article.

4. For States which have deposited an instrument of

ratification, acceptance, approval or accession in respect of

the present Convention or any Optional Annex after the

requirements 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 Convention or such Annex or

three months after the date of deposit of the instrument

whichever is the later date.

5. For States which have deposited an instrument of

ratification, acceptance, approval or accession after the

date on which the Convention or an Optional Annex entered

into force, the Convention or the Optional Annex shall become

effective three months after the date of deposit of the

instrument.

6. After the date on which all the conditions required under

Article 16 to bring an amendment to the present Convention or

an Optional Annex into force have been fulfilled, any

instrument of ratification, acceptance, approval or accession

deposited shall apply to the Convention or Annex as amended.

Article 16

AMENDMENTS

1. The present Convention may be amended by any of the

procedures specified in the following paragraphs.

2. Amendments after consideration by the Organization:

a) any amendment proposed by a Party to the Convention shall

be submitted to the Organization and circulated by its

Secretary-General to all Members of the Organization and all

Parties at least six months prior to its consideration;

b) any amendment proposed and circulated as above shall be

submitted to an appropriate body by the Organization for

consideration;

c) Parties to the Convention, whether or not Members of the

Organization, shall be entitled to participate in the

proceedings of the appropriate body;

d) amendments shall be adopted by a two-thirds majority of

only the Parties to the Convention present and voting;

e) if adopted in accordance with sub-paragraph c) above,

amendments shall be communicated by the Secretary-General of

the Organization to all the Parties to the Convention for

acceptance;

f) an amendment shall be deemed to have been accepted in the

following circumstances:

(i) an amendment 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, the combined merchant

fleets of which constitute not less than fifty per cent of

the gross tonnage of the world's merchant fleet;

(ii) an amendment to an Annex to the Convention shall be

deemed to have been accepted in accordance with the procedure

specified in subparagraph (f) (iii) unless the appropriate

body, at the time of its adoption, determines that the

amendment shall be deemed to have been accepted on the date

on which it is accepted by two-thirds of the Parties, the

combined merchant fleets of which constitute not less than

fifty per cent of the gross tonnage of the world's merchant

fleet. Nevertheless, at any time before the entry into force

of an amendment to an Annex to the Convention, a Party may

notify the Secretary-General of the Organization that its

express approval will be necessary before the amendment

enters into force for it. The latter shall bring such

notification and the date of its receipt to the notice of

Parties.

(iii) an amendment to an Appendix to an Annex to the

Convention shall be deemed to have been accepted at the end

of a period to be determined by the appropriate body at the

time of its adoption, which period shall be not less than ten

months, unless within that period an objection is

communicated to the Organization by not less than one-third

of the Parties or by the Parties the combined merchant fleets

of which constitute not less than fifty per cent of the gross

tonnage of the world's merchant fleet whichever condition is

fulfilled;

(iv) an amendment to Protocol I to the Convention shall be

subject to the same procedures as for the amendments to the

Annexes to the Convention, as provided for in sub-paragraphs

(f) (ii) or (f) (iii), above;

(v) an amendment to Protocol II to the Convention shall be

subject to the same procedures as for the amendments to an

Article of the Convention, as provided for in sub-paragraph

(f) (i) above;

g) the amendment shall enter into force under the following

conditions:

(i) in the case of an amendment to an Article of the

Convention, to Protocol II, or to Protocol I or to an Annex

to the Convention not under the procedure specified in sub-

paragraph (f) (iii), the amendment accepted in conformity

with the foregoing provisions shall enter into force six

months after the date of its acceptance with respect to the

Parties which have declared that they have accepted it;

(ii) in the case of an amendment to Protocol I, to an

Appendix to an Annex or to an Annex to the Convention under

the procedure specified in subparagraph (f) (iii), the

amendment deemed to have been accepted in accordance with the

foregoing conditions shall enter into force six months after

its acceptance for all the Parties with the exception of

those which, before that date, have made a declaration that

they do not accept it or a declaration under sub-paragraph

(f) (ii), that their express approval is necessary.

3. Amendment by a Conference.

a) Upon the request of a Party, concurred in by at least one-

third of the Parties, the Organization shall convene a

Conference of Parties to the Convention to consider

amendments to the present Convention.

b) Every amendment by such a Conference by a two-thirds

majority of those present and voting of the Parties shall be

communicated by the Secretary-General of the Organization to

all Contracting Parties for their acceptance.

c) Unless the Conference decides otherwise, the amendment

shall be deemed to have been accepted and to have entered

into force in accordance with the procedures specified for

that purpose in paragraph (2) (f) and (g) above.

4. a) In the case of an amendment to an Optional Annex, a

reference in the present Article to a "Party to the

Convention" shall be deemed to mean a reference to a Party

bound by that Annex.

b) Any Party which has declined to accept an amendment to an

Annex shall be treated as a non-Party only for the purpose of

application of that Amendment.

5. The adoption and entry into force of a new Annex shall be

subject to the same procedures as for the adoption and entry

into force of an Article of the Convention.

6. Unless expressly provided otherwise, any amendment to the

present Convention made under this Article, which relates to

the structure of a ship, shall apply only to ships for which

the building contract is placed, or in the absence of a

building contract, the keel of which is laid, on or after the

date on which the amendment comes into force.

7. Any amendment to a Protocol or to an Annex shall relate to

the substance of that Protocol or Annex and shall be

consistent with the Articles of the present Convention.

8. The Secretary-General of the Organization shall inform all

Parties of any amendments which enter into force under the

present Article, together with the date on which each such

amendment enters into force.

9. Any declaration of acceptance or of objection to an

amendment under the present Article shall be notified in

writing to the Secretary-General of the Organization. The

latter shall bring such notification and the date of its

receipt to the notice of the Parties to the Convention.

Article 17

PROMOTION OF TECHNICAL CO-OPERATION

The Parties to the Convention shall promote in consultation

with the Organization and other international bodies, with

assistance and coordination by the Executive Director of the

United Nations Environment Programme, support for those

Parties which request technical assistance for:

a) the training of scientific and technical personnel;

b) the supply of necessary equipment and facilities for

reception and monitoring;

c) the facilitation of other measures and arrangements to

prevent or mitigate pollution of the marine environment by

ships; and

d) the encouragement of research;

preferably within the countries concerned, so furthering the

aims and purposes of the present Convention.

Article 18

DENUNCIATION

1. The present Convention or any Optional Annex may be

denounced by any Party to the Convention at any time after

the expiry of five years from the date on which the

Convention or such Annex enters into force for that Party.

2. Denunciation shall be effected by notification in writing

to the Secretary-General of the Organization who shall inform

all the other Parties of any such notification received and

of the date of its receipt as well as the date on which such

denunciation takes effect.

3. A denunciation shall take effect twelve months after

receipt of the notification of denunciation by the Secretary-

General of the Organization or after the expiry of any other

longer period which may be indicated in the notification.

Article 19

DEPOSIT AND REGISTRATION

1. The present Convention shall be deposited with the

Secretary-General of the Organization who shall transmit

certified true copies thereof to all States which have signed

the present Convention or acceded to it.

2. As soon as the present Convention enters into force, the

text shall be transmitted by the Secretary-General of the

Organization to the Secretary-General of the United Nations

for registration and publication, in accordance with Article

102 of the Charter of the United Nations.

Article 20

LANGUAGES

The present Convention is established in a single copy in the

English, French, Russian and Spanish languages, each text

being equally authentic. Official translations in the Arabic,

German, Italian and Japanese languages shall be prepared and

deposited with the signed original.

In Witness Whereof the undersigned * being duly authorized by

their respective Governments for that purpose have signed the

present Convention.

* Signatures omitted.

Done at London this second day of November, one thousand nine

hundred and seventy-three.

PROTOCOL I

Provisions Concerning Reports on Incidents Involving

Harmful Substances

(in accordance with Article 8 of the Convention)

Article I

DUTY TO REPORT

1. The Master of a ship involved in an incident referred to

in Article III of this Protocol, or other person having

charge of the ship, shall report the particulars of such

incident without delay and to the fullest extent possible in

accordance with the provisions of this Protocol.

2. In the event of the ship referred to in paragraph (1) of

the present Article being abandoned, or in the event of a

report from such ship being incomplete or unobtainable, the

owner, charterer, manager or operator of the ship, or their

agents shall, to the fullest extent possible assume the

obligations placed upon the Master under the provisions of

this Protocol.

Article II

METHODS OF REPORTING

1. Each report shall be made by radio whenever possible, but

in any case by the fastest channels available at the time the

report is made. Reports made by radio shall be given the

highest possible priority.

2. Reports shall be directed to the appropriate officer or

agency specified in paragraph (2)(a) of Article 8 of the

Convention.

Article III

WHEN TO MAKE REPORTS

The report shall be made whenever an incident involves:

a) a discharge other than as permitted under the present

Convention; or

b) a discharge permitted under the present Convention by

virtue of the fact that:

(i) it is for the purpose of securing the safety of a ship or

saving life at sea; or

(ii) it results from damage to the ship or its equipment; or

c) a discharge of a harmful substance for the purpose of

combating a specific pollution incident or for purposes of

legitimate scientific research into pollution abatement or

control; or

d) the probability of a discharge referred to in sub-

paragraphs (a), (b) or (c) of this Article.

Article IV

CONTENTS OF REPORT

1. Each report shall contain in general:

a) the identity of the ship;

b) the time and date of the occurrence of the incident;

c) the geographic position of the ship when the incident

occurred;

d) the wind and sea conditions prevailing at the time of the

incident; and

2. Each report shall contain, in particular:

a) a clear indication or description of the harmful

substances involved, including, if possible, the correct

technical names of such substances (trade names should not be

used in place of the correct technical names);

b) a statement or estimate of quantities, concentrations and

likely conditions of harmful substances discharged or likely

to be discharged into the sea;

c) where relevant, a description of the packaging and

identifying marks; and

d) if possible the name of the consignor, consignee or

manufacturer.

3. Each report shall clearly indicate whether the harmful

substance discharged, or likely to be discharged is oil, a

noxious liquid substance, a noxious solid substance or a

noxious gaseous substance and whether such substance was or

is carried in bulk or contained in packaged form, freight

containers, portable tanks, or road and rail tank wagons.

4. Each report shall be supplemented as necessary by any

other relevant information requested by a recipient of the

report or which the person sending the report deems

appropriate.

Article V

SUPPLEMENTARY REPORT

Any person who is obliged under the provisions of this

Protocol to send a report shall. when possible:

a) supplement the initial report, as necessary, with

information concerning further developments; and

b) comply as fully as possible with requests from affected

States for additional information concerning the incident.

PROTOCOL II

Arbitration

(in accordance with Article 10 of the Convention)

Article I

Arbitration procedure, unless the Parties to the dispute

decide otherwise, shall be in accordance with the rules set

out in this Protocol.

Article II

1. An Arbitration Tribunal shall be established upon the

request of one Party to the Convention addressed to another

in application of Article 10 of the present Convention. The

request for arbitration shall consist of a statement of the

case together with any supporting documents.

2. The requesting Party shall inform the Secretary-General

of the Organization of the fact that it has applied for the

establishment of a Tribunal, of the names of the Parties to

the dispute and of the Articles of the Convention or

Regulations over which there is in its opinion disagreement

concerning their interpretation or application. The

Secretary-General shall transmit this information to all

Parties.

Article III

The Tribunal shall consist of three members: one Arbitrator

nominated by each Party to the dispute and a third Arbitrator

who shall be nominated by agreement between the two first

named, and shall act as its Chairman.

Article IV

1. If, at the end of a period of sixty days from the

nomination of the second Arbitrator, the Chairman of the

Tribunal shall not have been nominated, the Secretary-General

of the Organization upon request of either Party shall within

a further period of sixty days proceed to such nomination,

selecting him from a list of qualified persons previously

drawn up by the Council of the Organization.

2. If, within a period of sixty days from the date of the

receipt of the request, one of the Parties shall not have

nominated the member of the Tribunal for whose designation it

is responsible, the other Party may directly inform the

Secretary-General of the Organization who shall nominate the

Chairman of the Tribunal within a period of sixty days,

selecting him from the list prescribed in paragraph (1) of

the present Article.

3. The Chairman of the Tribunal shall, upon nomination,

request the Party which has not provided an Arbitrator, to do

so in the same manner and under the same conditions. If the

Party does not make the required nomination, the Chairman of

the Tribunal shall request the Secretary-General of the

Organization to make the nomination in the form and

conditions prescribed in the preceding paragraph.

4. The Chairman of the Tribunal, if nominated under the

provisions of the present Article, shall not be or have been

a national of one of the Parties concerned, except with the

consent of the other Party.

5. In the case of the decease or default of an Arbitrator for

whose nomination one of the Parties is responsible, the said

Party shall nominate a replacement within a period of sixty

days from the date of decease or default. Should the said

Party not make the nomination, the arbitration shall proceed

under the remaining Arbitrators. In case of the decease or

default of the Chairman of the Tribunal, a replacement shall

be nominated in accordance with the provisions of Article III

above, or in the absence of agreement between the members of

the Tribunal within a period of sixty days of the decease or

default, according to the provisions of the present Article.

Article V

The Tribunal may hear and determine counter-claims arising

directly out of the subject matter of this dispute.

Article VI

Each Party shall be responsible for the remuneration of its

Arbitrator and connected costs and for the costs entailed by

the preparation of its own case. The remuneration of the

Chairman of the Tribunal and of all general expenses incurred

by the Arbitration shall be borne equally by the Parties. The

Tribunal shall keep a record of all its expenses and shall

furnish a final statement thereof.

Article VII

Any Party to the Convention which has an interest of a legal

nature and which may be affected by the decision in the case

may, after giving written notice to the Parties which have

originally initiated the procedure, join in the arbitration

procedure with the consent of the Tribunal.

Article VIII

Any Arbitration Tribunal established under the provision of

the present Protocol shall decide its own rules of procedure.

Article IX

1. Decisions of the Tribunal both as to its procedure and its

place of meeting and as to any question laid before it, shall

be taken by majority votes of its members; the absence or

abstention of one of the members of the Tribunal for whose

nomination the Parties were responsible shall not constitute

an impediment to the Tribunal reaching a decision. In cases

of equal voting, the vote of the Chairman shall be decisive.

2. The Parties shall facilitate the work of the Tribunal and

in particular, in accordance with their legislation, and

using all means at their disposal:

a) provide the Tribunal with the necessary documents and

information;

b) enable the Tribunal to enter their territory, to hear

witnesses or experts, and to visit the scene.

3. Absence or default of one Party shall not constitute an

impediment to the procedure.

Article X

1. The Tribunal shall render its award within a period of

five months from the time it is established unless it

decides, in the case of necessity, to extend the time limit

for a further period but not exceeding three months. The

award of the Tribunal shall be accompanied by a statement of

reasons. It shall be final and without appeal and shall be

communicated to the Secretary-General of the Organization.

The Parties shall immediately comply with the award.

2. Any controversy which may arise between the Parties as

regards interpretation or execution of the award may be

submitted by either Party for judgement to the Tribunal which

made the award or, if it is not available to another Tribunal

constituted for this purpose, in the same manner as the

original Tribunal.

ANNEX I

REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL

Chapter I Ñ General

Regulation 1

DEFINITIONS

For the purposes of this Annex:

1. "Oil" means petroleum in any form including crude oil,

fuel oil, sludge, oil refuse and refined products (other than

petrochemicals which are subject to the provisions of Annex

II of the present Convention) and, without limiting the

generality of the foregoing, includes the substances listed

in Appendix I to this Annex.

2. "Oily mixture" means a mixture with any oil content.

3. "Oil fuel" means any oil used as fuel in connexion with

the propulsion and auxiliary machinery of the ship in which

such oil is carried.

4. "Oil tanker" means a ship constructed or adapted primarily

to carry oil in bulk in its cargo spaces and includes

combination carriers and any "chemical tanker" as defined in

Annex II of the present Convention when it is carrying a

cargo or part cargo of oil in bulk.

5. "Combination carrier" means a ship designed to carry

either oil or solid cargoes in bulk.

6. "New ship" means a ship:

a) for which the building contract is placed after 31

December 1975; or

b) in the absence of a building contract, the keel of which

is laid or which is at a similar stage of construction after

30 June 1976; or

c) the delivery of which is after 31 December 1979; or

d) which has undergone a major conversion:

(i) for which the contract is placed after 31 December 1975;

or

(ii) in the absence of a contract, the construction work of

which is begun after 30 June 1976; or

(iii) which is completed after 31 December 1979.

7. "Existing ship" means a ship which is not a new ship.

8. "Major conversion" means a conversion of an existing ship:

a) which substantially alters the dimensions or carrying

capacity of the ship; or

b) which changes the type of the ship; or

c) the intent of which in the opinion of the Administration

is substantially to prolong its life; or

d) which otherwise so alters the ship that if it were a new

ship, it would become subject to relevant provisions of the

present Convention not applicable to it as an existing ship.

9. "Nearest land". The term "from the nearest land" means

from the baseline from which the territorial sea of the

territory in question is established in accordance with

international law, except that for the purposes of the

present Convention "from the nearest land" off the north

eastern coast of Australia shall mean from a line drawn from

a point on the coast of Australia in latitude 11 deg 00 deg

South, longitude 142 deg 08 min East to a point in latitude

10 deg 35 min South,

longitude 141 deg 55 min East Ñ thence to a point latitude 10

deg 00 min South,

longitude 142 deg 00 min East, thence to a point latitude 9

deg 10 min South,

longitude 143 deg 52 min East, thence to a point latitude 9

deg 00 min South,

longitude 144 deg 00 min East, thence to a point latitude 15

deg min South,

longitude 147 deg 00 min East, thence to a point latitude 21

deg 00 min South,

longitude 153 deg 00 min East, thence to a point on the coast

of Australia in latitude 24 deg 42 deg South, longitude 153

deg 15 min East.

10. "Special area" means a sea where for recognized technical

reasons in relation to its oceanographical and ecological

condition and to the particular character of its traffic the

adoption of special mandatory methods for the prevention of

sea pollution by oil is required. Special areas shall include

those listed in Regulation 10 of this Annex.

11. "Instantaneous rate of discharge of oil content" means

the rate of discharge of oil litres per hour at any instant

divided by the speed of the ship in knots at the same

instant.

12. "Tank" means an enclosed space which is formed by the

permanent structure of a ship and which is designed for the

carriage of liquid in bulk.

13. "Wing tank" means any tank adjacent to the side shell

plating.

14. "Centre tank" means any tank inboard of a longitudinal

bulkhead.

15. "Slop tank" means a tank specifically designated for the

collection of tank drainings, tank washings and other oily

mixtures.

16. "Clean ballast" means the ballast in a tank which since

oil was last carried therein, has been so cleaned that

effluent therefrom if it were discharged from a ship which is

stationary into clean calm water on a clear day would not

produce visible traces of oil on the surface of the water or

upon adjoining shorelines or cause a sludge or emulsion to be

deposited beneath the surface of the water or upon adjoining

shorelines. If the ballast is discharged through an oil

discharge monitoring and control system approved by the

Administration, evidence based on such a system to the effect

that the oil content of the effluent did not exceed 15 parts

per million shall be determinative that the ballast was

clean, notwithstanding the presence of visible traces.

17. "Segregated ballast" means the ballast water introduced

into a tank which is completely separated from the cargo oil

and oil fuel system and which is permanently allocated to the

carriage of ballast or to the carriage of ballast or cargoes

other than oil or noxious substances as variously defined in

the Annexes of the present Convention.

18. "Length" (L) 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 foreside of

the stem to the axis of the rudder stock on that waterline,

if that be greater. In ships designed with a rake of keel the

waterline on which this length is measured shall be parallel

to the designed waterline. The length (L) shall be measured

in meters.

19. "Forward and after perpendiculars" shall be taken at the

forward and after ends of the length (L). The forward

perpendicular shall coincide with the foreside of the stem on

the waterline on which the length is measured.

20. "Amidships" is at the middle of the length (L).

21. "Breadth" (B) means the maximum breadth of the ship,

measured amidships to the moulded line of the frame in a ship

with a metal shell and to the outer surface of the hull in a

ship with a shell of any other material. The breadth (B)

shall be measured in meters.

22. "Deadweight" (DW) means the difference in metric tons

between the displacement of a ship in water of specific

gravity of 1.025 at the load waterline corresponding to the

assigned number freeboard and the lightweight of the ship.

23. "Lightweight" means the displacement of a ship in metric

tons without cargo, oil fuel, lubricating oil, ballast water,

fresh water and feedwater in tanks, consumable stores,

passengers and their effects.

24. "Permeability" of a space means the ratio of the volume

within that space which is assumed to be occupied by water to

the total volume of that space.

25. "Volumes" and "areas" in a ship shall be calculated in

all cases to moulded lines.