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1965年便利国际海上运输公约(1991年综合文本)(五)

2009-03-24 法律英语 来源:互联网 作者:
the ship is destined, in order to facilitate provision forthe presence of any special medical personnel and equipment necessary forhealth procedures on arrival.

  4.5 Standard. Public authorities shall make arrangements to enable alltravel agencies and others concerned to make available to passengers,sufficiently in advance of departure, lists of the vaccinations requiredby the public authorities of the countries concerned, as well asvaccination certificate forms conforming to the International HealthRegulations. Public authorities shall take all possible measures to havevaccinators use the International Certificates of Vaccination orRe-Vaccination, in order to assure uniform acceptance.

  4.6 Recommended Practice. Public authorities should provide facilitiesfor the completion of International Certificates of Vaccination orRe-Vaccination as well as facilities for vaccination, at as many ports asfeasible.

  4.7 Standard. Public authorities shall ensure that sanitary measuresand health formalities are initiated forthwith, completed without delay,and applied without discrimination.

  4.8 Recommended Practice. Public authorities should maintain at asmany ports as feasible adequate facilities for the administration ofpublic health, animal and agricultural quarantine measures.

  4.9 Standard. There shall be maintained readily available at as manyports in a State as feasible such medical facilities as may be reasonableand practicable for the emergency treatment of crews and passengers.

  4.10 Standard. Except in the case of an emergency constituting a gravedanger to public health, a ship which is not infected or suspected ofbeing infected with a quarantinable disease, shall not on account of anyother epidemic disease be prevented by the health authorities for a portfrom discharging or loading cargo or stores or taking on fuel or water.

  4.11 Recommended Practice. Shipments of animals, animal raw materials,crude animal products, animal foodstuffs and quarantinable plant productsshould be permitted in specified circumstances when accompanied by aquarantine certificate in the form agreed by the

States concerned.

  Section 5-Miscellaneous provisions

  A. Bonds and other forms of security

  5.1 Recommended Practice. Where public authorities require bonds orother forms of security from shipowners to cover liabilities under thecustoms, immigration, public health, agricultural quarantine or similarlaws and regulations of a State, they should permit the use of a singlecomprehensive bond or other form of security wherever possible.

  B. Errors in documentation and penalties therefor

  5.2 Standard. Public authorities shall, without delaying the ship,allow correction of errors in a document provided for in this Annex, whichthey are satisfied are inadvertent, not of a serious nature, not due torecurrent carelessness and not made with intent to violate laws orregulations, on the condition that these errors are discovered before thedocument is fully checked and the corrections can be effected withoutdelay.

  5.3 Standard. If errors are found in documents provided for in thisAnnex, which have been signed by or on behalf of a shipowner or master, orotherwise authenticated, no penalties shall be imposed until anopportunity has been given to satisfy the public authorities that theerrors were inadvertent, not of a serious nature, not due to recurrentcarelessness and not made with intent to violate laws or regulations.

  C. Services at ports

  5.4 Recommended Practice. The normal services of public authorities ata port should be provided without charge during normal working hours.Public authorities should establish normal working hours for theirservices at ports consistent with the usual periods of substantialworkload.

  5.4.1 Standard. Contracting Governments shall adopt all practicablemeasures to organize the normal services of public authorities at ports inorder to avoid unnecessary delay of ships after their arrival or whenready to depart and reduce the time for completion of formalities to aminimum, provided that sufficient notice of estimated time of arrival ordeparture shall be given to the public authorities.

  5.4.2 Standard. No charge shall be made by a health authority for anymedical examination, or any supplementary examination, whetherbacteriological or otherwise, carried out at any time of the day or night,if such examination is required to ascertain the health of the personexamined, nor for visit to an inspection of a ship for quarantine purposesexcept inspection of a ship for the issue of a Deratting or DerattingExemption Certificate, nor shall a charge be made for any vaccination of aperson arriving by ship nor for a certificate thereof. However, wheremeasures other than these are necessary in respect of a ship or itspassengers or crew and charge are made for them by a health authority,such charges shall be made in accordance with a single tariff which shallbe uniform to the territory concerned and they shall be levied withoutdistinction as to the nationality, domicile or residence of any personconcerned or as to the nationality, flag, registry or ownership of theship.

  5.4.3 Recommended Practice. When the services of public authoritiesare provided outside the regular working hours referred to in RecommendedPractice 5.4, they should be provided on terms which shall be moderate andnot exceed the actual cost of the services rendered.

  5.5 Standard. Where the volume of traffic at a port warrants, publicauthorities shall ensure that services are provided for the accomplishmentof the formalities in respect of cargo and baggage, regardless of valueor type.

  5.6 Recommended Practice. Contracting Governments should endeavour tomake arrangements whereby one Government will permit another Governmentcertain facilities before or during the voyage to examine ships,passengers, crew, baggage, cargo and documentation for customs,immigration, public health, plant and animal quarantine purposes when suchaction will facilitate cle

arance upon arrival in the latter State.

  D. Cargo not discharged at the port of intended destination

  5.7 Standard. Where any cargo listed on the Cargo Declaration is notdischarged at the port of intended destination, public authorities shallpermit amendment of the Cargo Declaration and shall not impose penaltiesif satisfied that the cargo was not in fact loaded on the ship, or, ifloaded, was landed at another port.

  5.8 Standard. When by error, or for another valid reason, any cargo isdischarged at a port other than the port of intended destination, publicauthorities shall facilitate reforwarding to its intended destination.This provision does not apply to dangerous, prohibited or restrictedcargo.

  E. Limitation of shipowner's responsibilities

  5.9 Standard. Public authorities shall not require a shipowner toplace special information for use of such authorities on a bill of ladingor a copy thereof, unless the shipowner is, or is acting for, the importeror exporter.

  5.10 Standard. Public authorities shall not hold the shipownerresponsible for the presentation or accuracy of documents which arerequired of the importer or exporter in connection with the clearance ofcargo, unless the shipowner is, or is acting for, the importer orexporter.

  F. Emergency assistance

  5.11 Standard. Public authorities shall facilitate the arrival anddeparture of ships engaged in disaster relief work, the combating orprevention of marine pollution, or other emergency operations necessary toensure maritime safety, the safety of the population or the protection ofthe marine environment.

  5.12 Standard. Public authorities shall, to the greatest extentpossible, facilitate the entry and clearance of persons, cargo, materialand equipment required to deal with situations described in Standard 5.11.

  G. National facilitation committees

  5.13 Recommended Practice. Each Contracting Government should, whereit considers such action necessary and appropriate, establish a nationalmaritime transport facilitation programme based on the facilitationrequirements of this Annex and ensure that the objective of itsfacilitation programme should be to adopt all practical measures tofacilitate the movement of ships, cargo, crews, passengers, mail andstores, by removing unnecessary obstacles and delays.

  5.14 Recommended Practice. Each Contracting Government shouldestablish a national maritime transport facilitation committee or asimilar national co-ordinating body, for the encouragement of the adoptionand implementation of facilitation measures, between governmentaldepartments, agencies and other organizations concerned with, orresponsible for, various aspects of international maritime traffic, aswell as port authorities, shipowners and operators. Note: In establishinga national maritime transport facilitation committee or a similar nationalco-ordinating body, Contracting Governments are invited to take intoaccount the guidelines set out in FAL. 5/Circ. 2

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