International Convention
for the Prevention of Pollution of the Sea by Oil, 1954
(London, 12 May 1954)
THE GOVERNMENTS represented at the
International Conference on Pollution of the Sea by Oil held in London
from 26 April 1954 to 12 May 1954,
DESIRING to take action by common agreement
to prevent pollution of the sea by oil discharged from ships, and considering
that this end may best be achieved by the conclusion of a Convention,
HAVE ACCORDINGLY appointed the undersigned
plenipotentiaries, who, having communicated their full powers, found in
good and due form,
HAVE AGREED as follows:
Article I
(1) For the purposes of the present Convention,
the following expressions shall (unless the context otherwise requires)
have the meanings hereby respectively assigned to them, that is to say:
"The Bureau" has the meaning assigned to it
by Article XXI;
"Discharge" in relation to oil or to an oily
mixture means any discharge or escape howsoever caused;
"Heavy diesel oil" means marine diesel oil,
other than those distillates of which more than 50 percent by volume distils
at a temperature not exceeding 340C when tested by ASTM Standard Method
D.158/53;
"Mile" means a nautical mile of 6080 feet
or 1852 metres;
"Oil" means crude oil, fuel oil, heavy diesel
oil and lubricating oil, and "oily" shall be construed accordingly.
(2) For the purposes of the present Convention
the territories of a Contracting Government mean the territory of the country
of which it is the Government and any other territory for the international
relations of which the Government is responsible and to which the Convention
shall have been extended under Article XVIII.
Article II
The present Convention shall apply to sea-going
ships registered in any of the territories of a Contracting Government,
except
(i) ships for the time being used as naval
auxiliaries;
(ii) ships of under 500 tons gross tonnage;
(iii) ships for the time being engaged in
the whaling industry;
(iv) ships for the time being navigating the
Great Lakes of North America and their connecting and tributary waters
as far east as the lower exit of the Lachine Canal Montreal in the Province
of Quebec, Canada.
Article III
(1) Subject to the provisions of Articles
IV and V, the discharge from any tanker, being a ship to which the Convention
applies, within any of the prohibited zones referred to in Annex A to the
Convention in relation to tankers of-
(a) oil;
(b) any oily mixture the oil in which fouls
the surface of the sea,
shall be prohibited.
For the purposes of this paragraph the oil
in an oily mixture of less than 100 parts of oil in 1,000,000 parts of
the mixture shall not be deemed to foul the surface of the sea.
(2) Subject to the provisions of Articles
IV and V, any discharge into the sea from a ship, being a ship to which
the Convention applies and not being a tanker, of oily ballast water or
tank washings shall be made as far as practicable from land. As from a
date three years after the date on which the Convention comes into force,
paragraph (1) of this Article shall apply to ships other than tankers as
it applies to tankers, except that:
(a) the prohibited zones in relation to ships
other than tankers shall be those referred to as such in Annex A to the
Convention; and
(b) the discharge of oil or of any oily mixture
from such ship shall not be prohibited when the ship is proceeding to a
port not provided with such reception facilities as are referred to in
Article VIII.
(3) Any contravention of paragraphs (1) and
(2) of this Article shall be an offence punishable under the laws of the
territory in which the ship is registered.
Article IV
(1) Article III shall not apply to:
(a) the discharge of oil or of an oily mixture
from a ship for the purpose of securing the safety of the ship, preventing
damage to the ship or cargo, or saving life at sea; or
(b) the escape of oil, or of an oily mixture,
resulting from damage to the ship or unavoidable leakage, if all reasonable
precautions have been taken after the occurrence of the damage or discovery
of the leakage for the purpose of preventing or minimising the escape;
(c) the discharge of sediment:
(i) which cannot be pumped from the cargo
tanks of tankers by reason of its solidity; or
(ii) which is residue arising from the purification
or clarification of oil fuel or lubricating oil,
provided that such discharge is made as far
from land as is practicable.
(2) In the event of such discharge or escape
as is referred to in this Article a statement shall be made in the oil
record book required by Article IX of the circumstances of and reason for
the discharge.
Article V
Article III shall not apply to the discharge
from the bilges of a ship:
(a) of any oily mixture during the period
of twelve months following the date on which the Convention comes into
force in respect of the territory in which the ship is registered;
(b) after the expiration of such period, of
an oily mixture containing no oil other than lubricating oil.
Article VI
The penalties which may be imposed in pursuance
of Article III under the law of any of the territories of a Contracting
Government in respect of the unlawful discharge from a ship of oil or of
an oily mixture into waters outside the territorial waters of that territory
shall not be less than the penalties which may be imposed under the law
of that territory in respect of the unlawful discharge of oil or of an
oily mixture from a ship into such territorial waters.
Article VII
As from a date twelve months after the present
Convention comes into force in respect of any of the territories of a Contracting
Government all ships registered in that territory shall be required to
be so fitted as to prevent the escape of fuel oil or heavy diesel oil into
bilges the contents of which are discharged into the sea without being
passed through an oily-water separator.
Article VIII
As from a date three years after the present
Convention comes into force in respect of any of the territories of a Contracting
Government, that Government shall ensure the provision in each main port
in that territory of facilities adequate for the reception, without causing
undue delay to ships, of such residues from oily ballast water and tank
washings as would remain for disposal by ships, other than tankers, using
the port, if the water had been separated by the use of an oily-water separator,
a settling tank or otherwise. Each Contracting Government shall from time
to time determine which ports are the main ports in its territories for
the purposes of this Article, and shall notify the Bureau in writing accordingly
indicating whether adequate reception facilities have been installed.
Article IX
(1) There shall be carried in every ship to
which the Convention applies an oil record book (whether as part of the
ship's official log-book or otherwise) in the form specified in Annex B
to the present Convention. The appropriate entries shall be made in that
book,
and each page of the book, including any statement under paragraph (2)
of Article IV, shall be signed by the officer or officers in charge of
the operations concerned and by the master of the ship. The written entries
in the oil record book shall be in an official language of the territory
in which the ship is registered, or in English or French.
(2) The competent authorities of any of the
territories of a Contracting Government may inspect on board any such ship
while within a port in that territory the oil record book required to be
carried in the ship in compliance with the provisions of the Convention,
and may make a true copy of any entry in that book and may require the
master of the ship to certify that the copy is a true copy of such entry.
Any copy so made which purports to have been certified by the master of
the ship as a true copy of an entry in the ship's oil record book shall
be made admissible in any judicial proceedings as evidence of the facts
stated in the entry. Any action by the competent authorities under this
paragraph shall be taken as expeditiously as possible and the ship shall
not be delayed.
Article X
(1) Any Contracting Government may furnish
to the Contracting Government in the territory of which a ship is registered
particulars in writing of evidence that any provision of the Convention
has been contravened in respect of that ship, wheresoever the alleged contravention
may have taken place. If it is practicable to do so, the competent authorities
of the former Government shall notify the master of the ship of the alleged
contravention.
(2) Upon receiving such particulars the latter
Government shall investigate the matter, and may request the former Government
to furnish further or better particulars of the alleged contravention.
If the Government in the territory of which the ship is registered is satisfied
that sufficient evidence is available in the form required by law to enable
proceedings against the owner or master of the ship to be taken in respect
of the alleged contravention, it shall cause such proceedings to be taken
as soon as possible, and shall inform the other Contracting Government
and the Bureau of the result of such proceedings.
Article XI
Nothing in the present Convention shall be
construed as derogating from the powers of any Contracting Government to
take measures within its jurisdiction in respect of any matter to which
the Convention relates or as extending the jurisdiction of any Contracting
Government.
Article XII
Each Contracting Government shall send to
the Bureau and to the appropriate organ of the United Nations:
(a) the text of laws, decrees, orders and
regulations in force in its territories which give effect to the present
Convention;
(b) all official reports or summaries of official
reports in so far as they show the results of the application of the provisions
of the Convention, provided always that such reports or summaries are not,
in the opinion of that Government, of a confidential nature.
Article XIII
Any dispute between Contracting Governments
relating to the interpretation or application of the present Convention
which cannot be settled by negotiation shall be referred at the request
of either party to the International Court of Justice for decision unless
the parties in dispute agree to submit it to arbitration.
Article XIV
(1) The present Convention shall remain open
for signature for three months from this day's date and shall thereafter
remain open for acceptance.
(2) Governments may become parties to the
Convention by-
(i) signature without reservation as to acceptance;
(ii) signature subject to acceptance followed
by acceptance; or
(iii) acceptance.
(3) Acceptance shall be effected by the deposit
of an instrument of acceptance with the Bureau, which shall inform all
Governments that have already signed or accepted the Convention of each
signature and deposit of an acceptance and of the date of such signature
or deposit.
Article XV
(1) The present Convention shall come into
force twelve months after the date on which not less than ten Governments
have become parties to the Convention, including five Governments of countries
each with not less than 500,000 gross tons of tanker tonnage.
(2) (a) For each Government which signs the
Convention without reservation as to acceptance or accepts the Convention
before the date on which the Convention comes into force in accordance
with paragraph (1) of this Article it shall come into force on that date.
For each Government which accepts the Convention on or after that date,
it shall come into force three months after the date of the deposit of
that Government's acceptance.
(b) The Bureau shall, as soon as possible,
inform all Governments which have signed or accepted the Convention of
the date on which it will come into force.
Article XVI
(1) Upon the request of any Contracting Government
a proposed amendment of the present Convention shall be communicated by
the Bureau to all Contracting Governments for consideration.
(2) Any amendment communicated to Contracting
Governments for consideration under paragraph (1) of this Article shall
be deemed to have been accepted by all Contracting Governments and shall
come into force on the expiration of a period of six months after it has
been so communicated, unless any one of the Contracting Governments shall
have made a declaration not less than two months before the expiration
of that period that it does not accept the amendment.
(3) (a) A conference of Contracting Governments
to consider amendments of the Convention proposed by any Contracting Government
shall be convened by the Bureau upon the request of one-third of the Contracting
Governments.
(b) Every amendment adopted by such a conference
by a two-thirds majority vote of the Contracting Governments represented
shall be communicated by the Bureau to all Contracting Governments for
their acceptance.
(4) Any amendment communicated to Contracting
Governments for their acceptance under paragraph (3) of this Article shall
come into force for all Contracting Governments, except those which before
it comes into force make a declaration that they do not accept the amendment,
twelve months after the date on which the amendment is accepted by two-thirds
of the Contracting Governments.
(5) Any declaration under this Article shall
be made by a notification in writing to the Bureau which shall notify all
Contracting Governments of the receipt of the declaration.
(6) The Bureau shall inform all signatory
and Contracting Governments of any amendments which come into force under
this Article, together with the date on which such amendments shall come
into force.
Article XVII
(1) The present Convention may be denounced
by any Contracting Government at any time after the expiration of a period
of five years from the date on which the Convention comes into force for
that Government.
(2) Denunciation shall be effected by a notification
in writing addressed to the Bureau, which shall notify all the Contracting
Governments of any denunciation received and of the date of its receipt.
(3) A denunciation shall take effect twelve
months, or such longer period as may be specified in the notification,
after its receipt by the Bureau.
Article XVIII
(1) (a) Any Government may, at the time of
signature or acceptance of the present Convention, or at any time thereafter,
declare by notification in writing given to the Bureau that the Convention
shall extend to any of the territories for whose international relations
it is responsible.
(b) The Convention shall, from the date of
the receipt of the notification, or from such other date as may be specified
in the notification, extend to the territories named therein.
(2) (a) Any Contracting Government which has
made a declaration under paragraph (1) of this Article may, at any time
after the expiration of a period of five years from the date on which the
Convention has been so extended to any territory, give notification in
writing to the Bureau, declaring that the Convention shall cease to extend
to any such territory named in the notification.
(b) The Convention shall cease to extend to
any territory mentioned in such notification twelve months, or such longer
period as may be specified therein, after the date of receipt of the notification
by the Bureau.
(3) The Bureau shall inform all Contracting
Governments of the extension of the Convention to any territories under
paragraph (1) of this Article, and of the termination of any such extension
under paragraph (2) of this Article, stating in each case the date from
which the Convention has been, or will cease to be, so extended.
Article XIX
(1) In case of war or other hostilities, a
Contracting Government which considers that it is affected, whether as
a belligerent or as a neutral, may suspend the operation of the whole or
any part of the present Convention in respect of all or any of its territories.
The suspending Government shall immediately give notice of any such suspension
to the Bureau.
(2) The suspending Government may at any time
terminate such suspension and shall in any event terminate it as soon as
it ceases to be justified under paragraph (1) of this Article. Notice of
such termination shall be given immediately to the Bureau by the Government
concerned.
(3) The Bureau shall notify all Contracting
Governments of any suspension or termination of suspension under this Article.
Article XX
As soon as the present Convention comes into
force it shall be registered by the Bureau with the Secretary-General of
the United Nations.
Article XXI
The duties of the Bureau shall be carried
out by the Government of the United Kingdom of Great Britain and Northern
Ireland unless and until the Inter-Governmental Maritime Consultative Organisation
comes into being and takes over the duties assigned to it under the Convention
signed at Geneva on 6 March 1948, and thereafter the duties of the Bureau
shall be carried out by the said Organisation.
IN WITNESS WHEREOF the undersigned
plenipotentiaries have signed the present Convention.
DONE in London this twelfth day of
May, 1954, in English and French, both texts being equally authoritative,
in a single copy, which shall be deposited with the Bureau and of which
the Bureau shall transmit certified copies to all signatory and Contracting
Governments.
ANNEX A
PROHIBITED ZONES
(1) Subject to paragraph (3) of this Annex,
the prohibited zones in relation to tankers shall be all sea areas within
50 miles from land, with the following exceptions:
(a) The Adriatic Zones
Within the Adriatic Sea the prohibited zones
off the coasts of Italy and Yugoslavia respectively shall each extend for
a distance of 30 miles from land, excepting only the island of Vis. When
the present Convention has been in force for a period of three years the
said zones shall each be extended by a further 20 miles in width unless
the two Governments agree to postpone such extension. In the event of such
an agreement the said Governments shall notify the Bureau accordingly not
less than three months before the expiration of such period of three years
and the Bureau shall notify all Contracting Governments of such agreement.
(b) The North Sea Zone
The North Sea Zone shall extend for a distance
of 100 miles from the coasts of the following countries:
Belgium
Denmark
the Federal Republic of Germany
the Netherlands
the United Kingdom of Great Britain and Northern
Ireland,
but not beyond the point where the limit of
a 100-mile zone off the west coast of Jutland intersects the limit of the
50-mile zone off the coast of Norway.
(c) The Atlantic Zone
The Atlantic Zone shall be within a line drawn
from a point on the Greenwich meridian 100 miles in a north-north-easterly
direction from the Shetland Islands; thence northwards along the Greenwich
meridian to latitude 64deg. north; thence westwards along the 64th parallel
to longitude 10deg. west; thence to latitude 60deg. north, longitude 14deg.
west; thence to latitude 54deg. 30' north, longitude 30deg. west; thence
to latitude 44deg. 20' north, longitude 30deg. west; thence to latitude
48deg. north, longitude 14deg. west; thence eastwards along the 48th parallel
to a point of intersection with the 50-mile zone off the coast of France.
Provided that in relation to voyages which do not extend seawards beyond
the Atlantic Zone as defined above, and which are to ports not provided
with adequate facilities for the reception of oily residue, the Atlantic
Zone shall be deemed to terminate at a distance of 100 miles from land.
(d) The Australian Zone
The Australian Zone shall extend for a distance
of 150 miles from the coasts of Australia, except off the north and west
coasts of the Australian mainland between the point opposite Thursday Island
and the point on the west coast at 20deg. south latitude.
(2) Subject to paragraph (3) of this Annex
the prohibited zones in relation to ships other than tankers shall be all
sea areas within 50 miles from land with the following exceptions:
(a) The Adriatic Zones
Within the Adriatic Sea the prohibited zones
off the coasts of Italy and Yugoslavia respectively shall each extend for
a distance of 20 miles from land, excepting only the island of Vis. After
the expiration of a period of three years following the application of
prohibited zones to ships other than tankers in accordance with paragraph
(2) of Article III the said zones shall each be extended by a further 30
miles in width unless the two Governments agree to postpone such extension.
In the event of such an agreement the said Governments shall notify the
Bureau accordingly not less than three months before the expiration of
such period of three years, and the Bureau shall notify all Contracting
Governments of such agreement.
(b) The North Sea and Atlantic Zones
The North Sea and Atlantic Zones shall extend
for a distance of 100 miles from the coasts of the following countries:
Belgium
Denmark
the Federal Republic of Germany
Ireland
the Netherlands
the United Kingdom of Great Britain and Northern
Ireland.
but not beyond the point where the limit of
a 100-mile zone off the west coast of Jutland intersects the limit of the
50-mile zone off the coast of Norway.
(3) (a) Any Contracting Government may propose:
(i) the reduction of any zone off the coast
of any of its territories;
(ii) the extension of any such zone to a maximum
of 100 miles from any such coast,
by making a declaration to that effect and
the reduction or extension shall come into force after the expiration of
a period of six months after the declaration has been made, unless any
one of the Contracting Governments shall have made a declaration not less
than two months before the expiration of that period that its interests
are affected either by reason of the proximity of its coasts or by reason
of its ships trading in the area, and that it does not accept the reduction
or extension, as the case may be.
(b) Any declaration under this paragraph shall
be made by a notification in writing to the Bureau which shall notify all
Contracting Governments of the receipt of the declaration.
ANNEX B
FORM OF OIL RECORD BOOK
I. For tankers
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DATE OF ENTRY |
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(a) Ballasting of and discharge of
ballast from cargo tanks
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1. |
Identity numbers of tank(s) |
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2. |
Type of oil previously contained
in tank(s) |
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3. |
Date and place of ballasting |
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4. |
Date and time of discharge of
ballast water |
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5. |
Place or position of ship |
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6. |
Approximate amount of oil-contaminated
water transferred to slop tank(s) |
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7. |
Identity numbers of slop tank(s) |
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(b) Cleaning of cargo tanks
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8. |
Identity numbers of tank(s) cleaned |
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9. |
Type of oil previously contained
in tank(s) |
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10. |
Identity numbers of slop tank(s)
to which washings transferred |
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11. |
Dates and times of cleaning |
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(c) Settling in slop tank(s) and discharge
of water
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12. |
Identity numbers of slop tank(s) |
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13. |
Period of settling (in hours) |
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14. |
Date and time of discharge of
water |
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15. |
Place or position of ship |
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16. |
Approximate quantities of residue |
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(d) Disposal from ship of oil residues
from slop tank(s) and other sources
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17. |
Date and method of disposal |
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18. |
Place or position of ship |
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19. |
Sources and approximate quantities |
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.........................................................
Signature of Officer or Officers
in charge of the operations concerned
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Signature of Master
II. For ships other than tankers
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DATE OF ENTRY |
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(a) Ballasting, or cleaning during
voyage, of bunker fuel tanks
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1. |
Identity numbers of tank(s) |
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2. |
Type of oil previously contained
in tank(s) |
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3. |
Date and place of ballasting |
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4. |
Date and time of discharge of
ballast or washing water |
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5. |
Place or position of ship |
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6. |
Whether separator used: if so,
give period of use |
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7. |
Disposal of oily residue retained
on board |
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(b) Disposal from ship of oil residues
from bunker fuel tanks and other sources
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8. |
Date and method of disposal |
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9. |
Place or position of ship |
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10. |
Sources and approximate quantities |
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.........................................................
Signature of Officer or Officers
in charge of the operations concerned
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Signature of Master
III. For all ships
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DATE OF ENTRY |
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Accidental and other exceptional discharges
or escapes of oil
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1. |
Date and time of occurrence |
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2. |
Place or position of ship |
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3. |
Approximate quantity and type
of oil |
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4. |
Circumstances of discharge or
escape and general remarks |
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.........................................................
Signature of Officer or Officers
in charge of the operations concerned
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Signature of Master |