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1990年国际油污防备、响应和合作公约 INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSEAND CO-OPERATION

2009-03-24 法律英语 来源:互联网 作者:
Amendment after consideration by the Organization:

  (a) Any amendment proposed by a Party to the Convention shall besubmitted to the Organization and circulated by the Secretary-General toall Members of the Organization and all Parties at least six months priorto its consideration.

  (b) Any amendment proposed and circulated as above shall besubmitted to

the Marine Environment Protection Committee of theOrganization for consideration.

  (c) Parties to the Convention, whether or not Members of theOrganization, shall be entitled to participate in the proceedings of theMarine Environment Protection Committee.

  (d) Amendments shall be adopted by a two-thirds majority of onlythe Parties to the Convention present and voting.

  (e) If adopted in accordance with subparagraph (d), amendmentsshall be communicated by the Secretary-General to all Parties to theConvention for acceptance.

  (f) (i) An amendment to an article or the Annex of the Conventionshall be deemed to have been accepted on the date on which it is acceptedby two thirds of the Parties.

  (ii) An amendment to an appendix shall be deemed to have beenaccepted at the end of a period to be determined by the Marine EnvironmentProtection Committee at the time of its adoption, which period shall notbe less than ten months, unless within that period an objection iscommunicated to the Secretary-General by not less than one third of theParties.

  (g) (i) An amendment to an article or the Annex of the Conventionaccepted in conformity with subparagraph (f) (i) shall enter into forcesix months after the date on which it is deemed to have been accepted withrespect to the Parties which have notified the Secretary-General that theyhave accepted it.

  (ii) An amendment to an appendix accepted in conformity withsubparagraph (f) (ii) shall enter into force six months after the date onwhich it is deemed to have been accepted with respect to all Parties withthe exception of those which, before that date, have objected to it. AParty may at any time withdraw a previously communicated objection bysubmitting a notification to that effect to the Secretary-General.

  (3) Amendment by a Conference:

  (a) Upon the request of a Party, concurred with by at least onethird of the Parties, the Secretary-General shall convene a Conference ofParties to the Convention to consider amendments to the Convention.

  (b) An amendment adopted by such a Conference by a two-thirdsmajority of those Parties present and voting shall be communicated by theSecretary General to all Parties for their acceptance.

  (c) Unless the Conference decides otherwise, the amendment shallbe deemed to have been accepted and shall enter into force in accordancewith the procedures specified in paragraph (2) (f) and (g)。

  (4) The adoption and entry into force of an amendment constituting anaddition of an Annex or an appendix shall be subject to the procedureapplicable to an amendment to the Annex.

  (5) Any Party which has not accepted an amendment to an article or theAnnex under paragraph (2) (f) (i) or an amendment constituting an additionof an Annex or an appendix under paragraph (4) or has communicated anobjection to an amendment to an appendix under paragraph (2) (f) (ii)shall be treated as a non-Party only for the purpose of the application ofsuch amendment. Such treatment shall terminate upon the submission of anotification of acceptance under paragraph (2) (f) (i) or withdrawal ofthe objection under paragraph (2) (g) (ii)。

  (6) The Secretary-General shall inform all Parties of any amendmentwhich enters into force under this article, together with the date onwhich the amendment enters into force.

  (7) Any notification of acceptance of, objection to, or withdrawal ofobjection to, an amendment under this article shall be communicated inwriting to the Secretary-General who shall inform Parties of suchnotification and the date of its receipt.

  (8) An appendix to the Convention shall contain only provisions of atechnical nature.

  ARTICLE 15 Signature, ratification, acceptance, approval and ac-cession

  (1) This Convention shall remain open for signature at theHeadquarters of the Organization from 30 November 1990 until 29 November1991 and

shall thereafter remain open for accession. Any State may becomeParty to this Convention by:

  (a) signature without reservation as to ratification, acceptanceor 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 effectedby the deposit of an instrument to that effect with the Secretary-General.

  ARTICLE 16 Entry into force

  (1) This Convention shall enter into force twelve months after thedate on which not less than fifteen States have either signed it withoutreservation as to ratification, acceptance or approval or have depositedthe requisite instruments of ratification, acceptance, approval oraccession in accordance with article 15.

  (2) For States which have deposited an instrument of ratification,acceptance, approval or accession in respect of this Convention after therequirements for entry into force thereof have been met but prior to thedate of entry into force, the ratification, acceptance, approval oraccession shall take effect on the date of entry into force of thisConvention or three months after the date of deposit of the instrument,whichever is the later date.

  (3) For States which have deposited an instrument of ratification,acceptance, approval or accession after the date on which this Conventionentered into force, this Convention shall become effective three monthsafter the date of deposit of the instrument.

  (4) After the date on which an amendment to this Convention is deemedto have been accepted under article 14, any instrument of ratification,acceptance, approval or accession deposited shall apply to this Conventionas amended.

  ARTICLE 17 Denunciation

  (1) This Convention may be denounced by any Party at any time afterthe expiry of five years from the date on which this Convention entersinto force for that Party.

  (2) Denunciation shall be effected by notification in writing to theSecretary-General.

  (3) A denunciation shall take effect twelve months after receipt ofthe notification of denunciation by the Secretary-General or after theexpiry of any longer period which may be indicated in the notification.

  ARTICLE 18 Depositary

  (1) This Convention shall be deposited with the Secretary-General.

  (2) The Secretary-General shall:

  (a) inform all States which have signed this Convention or accededthereto of:

  (i) each new signature or deposit of an instrument ofratification, acceptance, approval or accession, together with the datethereof;

  (ii) the date of entry into force of this Convention; and

  (iii) the deposit of any instrument of denunciation of thisConvention together with the date on which it was received and the date onwhich the denunciation takes effect;

  (b) transmit certified true copies of this Convention to theGovernments of all States which have signed this Convention or accededthereto.

  (3) As soon as this Convention enters into force, a certified truecopy thereof shall be transmitted by the depositary to theSecretary-General of the United Nations for registration and publicationin accordance with Article 102 of the Charter of the United Nations.

  ARTICLE 19 Languages

  This Convention is established in a single original in the Arabic,Chinese, English, French, Russian and Spanish languages, each text beingequally authentic.

  IN WITNESS WHEREOF the undersigned, being duly authorized by theirrespective Governments for that purpose, have signed this Convention.

  DONE AT London this thirtieth day of November one thousand ninehundred and ninety.

  ANNEX: Reimbursement of costs of assistance

  (1) (a) Unless an agreement concerning the financial arrangementsgoverning actions of Parties to deal with oil

pollution incidents has beenconcluded on a bilateral or multilateral basis prior to the oil pollutionincident, Parties shall bear the costs of their respective actions indealing with pollution in accordance with subparagraph (i) or subparagraph(ii)。

  (i) If the action was taken by one Party at the expressrequest of another Party, the requesting Party shall reimburse to theassisting Party the cost of its action. The requesting Party may cancelits request at any time, but in that case it shall bear the costs alreadyincurred or committed by the assisting Party.

  (ii) If the action was taken by a Party on its own initiative,this Party shall bear the costs of its action.

  (b) The principles laid down in subparagraph (a) shall applyunless the Parties concerned otherwise agree in any individual case.

  (2) Unless otherwise agreed, the costs of action taken by a Party atthe request of another Party shall be fairly calculated according to thelaw and current practice of the assisting Party concerning thereimbursement of such costs.

  (3) The Party requesting assistance and the assisting Party shall,where appropriate, co-operate in concluding any action in response to acompensation claim. To that end, they shall give due consideration toexisting legal regimes. Where the action thus concluded does not permitfull compensation for expenses incurred in the assistance operation, t

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