The_Eu_Regulation_on_ship_recycling
航运法规业务补充题(中英对照)
[1651]The term SEAWORTHY TRIM means ______ the ship must be in trim to meet the perils of the passage by sea to the next port not only in the sense that she should be left with an adequate a mount of cargo to keep her on an even keelbut also that where necessary part of her cargo should b e bagged to stop it shifting while out at sea. A. it B. that C. where D. whileKEY: B术语(适航平衡)适航吃水差意味着船舶必须在开往下一港的途中遇到危险时具有匀平状态不仅应留有足够数量的货物保持船体平稳,而且在外海假如需要时部分货物可以被袋装以防止移位。
[1652]______ is the Ship-owner's duty to send the ship to the agreed,or in the absence of special a greement,to the usual place of loading. A. That B. Which C. It D. WhereKEY: C船东的责任是将船舶派遣到约定的或缺乏特别约定的通常装货地方。
(It是形式主语,代替动词不定式to send the ship to …这一不定式短语)[1653]______ of arresting the ship is to secure her continued presence and to prevent her from slip ping away. A. Project—计划,方案 B. Subject—题目,主题,科目 C. Object—目标,对象 D. Inject—注射,注入KEY: C扣留船舶的目的在于保证她继续存在并防止其悄悄溜走。
航海英语听力与会话中英答案
第一章公共用语口述题1。
Please say something about your hometown. 请评价一下你的家乡例一(简单)(1) My hometown is Dalian. Dalian is a beautiful city. 我的家乡是大连。
大连是一座美丽的城市。
It is in the Liaoning Province,facing the Bohai Sea. 它是在辽宁省,面对渤海.There are about 5 million people in the city. 大约有500万人在城市。
(2) It is a famous tourist coastal city in China。
Its climate around the year is suitable and comfortable for living. 它是著名的旅游沿海城市,整年的气候很合适,舒适对于的生活。
The sky is blue and the air is clean. There are many famous spots attracting many tourists every year. 天空是蓝色的,空气是那么清新。
有许多著名的景点每年吸引了很多游客。
(3) The specialties of Dalian is the seafood。
There are many good restaurants providing delicious seafood。
大连特色是海鲜。
有很多好的餐厅提供可口的海鲜.例二(稍难)I come from Zhoushan我来自舟山Zhoushan is a city in Zhejiang province舟山是浙江省一个城市It is a small city with a population of about 100,000. 这是一个小城市的人口大约10万It is located by the sea。
MEPC157_55_文本_中英文对照版
环保会第MEPC.157(55)号决议2006年10月13日通过关于船舶未经处理生活污水排放速率标准的建议海上环境保护委员会,忆及《国际海事组织公约》关于由防止和控制海洋污染的国际公约赋予海上环境保护委员会(本委员会)职责的第38(a)条,注意到第MEPC.115(51)号决议,本委员会以该决议通过了经修订的《防污公约》附则IV,已于2005年8月1日生效,还注意到《防污公约》附则IV第11.1.1条的规定,认识到储存在污水舱的未经处理的生活污水不得随即排放,而应该以主管机关根据本组织制订的标准而批准的适当速率排放,审议了散装液体和气体分委会第10次会议提出的建议,1. 通过了关于船舶未经处理生活污水排放速率标准的建议,其正文列于本决议的附件;2. 建议会员国接受基于所附标准的排放速率,3. 鼓励排放要求高的船舶经营人保持其实际排放计算,以便向主管机关和港口或沿岸国当局表明其符合要求。
附件关于船舶未经处理生活污水排放速率标准的建议1 引言1.1 经修订的《73/78防污公约》附则IV第11.1.1条要求,可以在距最近陆地12海里以外排放的未经处理的生活污水不得随即排放,而应该以主管机关根据本组织制订的标准而批准的适当速率,在船舶以不小于4节的速度航行时排放。
本建议提供了批准和计算适当排放速率的标准和指导。
1.2 适当排放速率适用于船上污水舱储存的未经处理生活污水的排放。
1.3 本标准并不包括用水或中水稀释后的生活污水的排放速录计算。
因此,该速率是个保守的估计,可以认为根据本标准进行生活污水排放将对海洋环境提供更高水平的保护,因为除船舶航行过程排放产生的混合之外还有事前的混合。
2 定义2.1 “扫水量”系指船宽×吃水×航行距离。
2.2 “未经处理的生活污水”系指为没有经认可形式的生活污水处理厂处理过,或未经粉碎或消毒的生活污水。
3 排放速率3.1 最大允许排放速率为扫水量的1/200,000(或200,000分之一),计算如下:= 0.00926 V D BDRmax其中:为最大允许排放速率(m3/h)DRmaxV 为船舶在该段时间的平均速度(节)D 为吃水(m)B 为船宽(m)3.2 第3.1段中所列的最大允许排放速率指的是在任何24小时的时间段计算出的平均速率,或如果排放时间段小于24小时,在时间段内的平均速率,在每小时的基础上测量时可以超过,但不高于20%。
联合国海洋法公约中英文
【标题】1982年联合国海洋法公约(附英文) 【分类】国际海事【时效性】有效【颁布时间】1982.12.10【实施时间】1982.12.10【发布部门】蒙特哥湾目录第Ⅰ部分用语和X围第Ⅱ部分领海和毗连区第1节一般规定第2节领海的界限第3节领海的无害通过第4节毗连区第Ⅲ部分用于国际航行的海峡第1节一般规定第2节过境通行第3节无害通过第Ⅳ部分群岛国第Ⅴ部分专属经济区第Ⅵ部分大陆架第Ⅶ部分公海第1节一般规定第2节公海生物资源的养护和管理第Ⅷ部分岛屿制度第Ⅸ部分闭海或半闭海第Ⅹ部分内陆国出入海洋的权利和过境自由第Ⅺ部分“区域”第1节一般规定第2节支配“区域”的原则第3节“区域”内资源的开发第4节管理局第5节争端的解决和咨询意见第Ⅻ部分海洋环境的保护和保全第1节一般规定第2节全球性和区域性合作第3节技术援助第4节监测和环境评价第5节防止、减少和控制海洋环境污染的国际规则和国内立法第6节执行第7节保障办法第8节冰封区域第9节责任第10节主权豁免第11节关于保护和保全海洋环境的其他公约所规定的义务第XIII部分海洋科学研究第1节一般规定第2节国际合作第3节海洋科学研究的进行和促进第4节海洋环境中科学研究设施或装备第5节责任第6节争端的解决和临时措施第XIV部分海洋技术的发展和转让第1节一般规定第2节国际合作第3节国家和区域性海洋科学和技术中心第4节国际组织间的合作第XV部分争端的解决第1节一般规定第2节导致有拘束力裁判的强制程序第3节适用第2节的限制和例外第XVI部分一般规定第XVII部分最后条款附件Ⅰ高度回游鱼类(略)附件Ⅱ大陆架界限委员会附件Ⅲ探矿、勘探和开发的基本条件附件Ⅳ企业部章程附件Ⅴ调解第1节按照第XV部分第1节的调解程序第2节按照第XV部分第3节提交的强制调解程序附件Ⅵ国际海洋法法庭规约第1节法庭的组织第2节权限第3节程序第4节海底争端分庭第5节修正案附件Ⅶ仲裁附件Ⅷ特别仲裁附件Ⅸ国际组织的参加【名称】1982年联合国海洋法公约【题注】简介:本公约于1982年12月10日在牙买加的蒙特哥湾召开的第三次联合国海洋法会议最后会议上通过,尚未生效。
联合国海洋法公约中英文
标题1982年联合国海洋法公约附英文分类国际海事时效性有效颁布时间实施时间发布部门蒙特哥湾目录第Ⅰ部分用语和范围第Ⅱ部分领海和毗连区第1节一般规定第2节领海的界限第3节领海的无害通过第4节毗连区第Ⅲ部分用于国际航行的海峡第1节一般规定第2节过境通行第3节无害通过第Ⅳ部分群岛国第Ⅴ部分专属经济区第Ⅵ部分大陆架第Ⅶ部分公海第1节一般规定第2节公海生物资源的养护和管理第Ⅷ部分岛屿制度第Ⅸ部分闭海或半闭海第Ⅹ部分内陆国出入海洋的权利和过境自由第Ⅺ部分“区域”第1节一般规定第2节支配“区域”的原则第3节“区域”内资源的开发第4节管理局第5节争端的解决和咨询意见第Ⅻ部分海洋环境的保护和保全第1节一般规定第2节全球性和区域性合作第3节技术援助第4节监测和环境评价第5节防止、减少和控制海洋环境污染的国际规则和国内立法第6节执行第7节保障办法第8节冰封区域第9节责任第10节主权豁免第11节关于保护和保全海洋环境的其他公约所规定的义务第XIII部分海洋科学研究第1节一般规定第2节国际合作第3节海洋科学研究的进行和促进第4节海洋环境中科学研究设施或装备第5节责任第6节争端的解决和临时措施第XIV部分海洋技术的发展和转让第1节一般规定第2节国际合作第3节国家和区域性海洋科学和技术中心第4节国际组织间的合作第XV部分争端的解决第1节一般规定第2节导致有拘束力裁判的强制程序第3节适用第2节的限制和例外第XVI部分一般规定第XVII部分最后条款附件Ⅰ高度回游鱼类略附件Ⅱ大陆架界限委员会附件Ⅲ探矿、勘探和开发的基本条件附件Ⅳ企业部章程附件Ⅴ调解第1节按照第XV部分第1节的调解程序第2节按照第XV部分第3节提交的强制调解程序附件Ⅵ国际海洋法法庭规约第1节法庭的组织第2节权限第3节程序第4节海底争端分庭第5节修正案附件Ⅶ仲裁附件Ⅷ特别仲裁附件Ⅸ国际组织的参加名称1982年联合国海洋法公约题注简介:本公约于1982年12月10日在牙买加的蒙特哥湾召开的第三次联合国海洋法会议最后会议上通过,尚未生效;本公约将自第六十份批准书或加入书交存之日起十二个月后生效;全文本公约缔约各国,本着以互相谅解和合作的精神解决与海洋法有关的一切问题的愿望,并且认识到本公约对于维护和平、正义和全世界人民的进步作出重要贡献的历史意义,注意到自从1958年和1960年在日内瓦举行了联合国海洋法会议以来的种种发展,着重指出了需要有一项新的可获一般接受的海洋法公约, 意识到各海洋区域的种种问题都是彼此密切相关的,有必要作为一个整体来加以考虑,认识到有需要通过本公约,在妥为顾及所有国家主权的情形下,为海洋建立一种法律秩序,以便利国际交通和促进海洋的和平用途,海洋资源的公平而有效的利用,海洋生物资源的养护以及研究、保护和保全海洋环境, 考虑到达成这些目标将有助于实现公正公平的国际经济秩序,这种秩序将照顾到全人类的利益和需要,特别是发展中国家的特殊利益和需要,不论其为沿海国或内陆国,希望以本公约发展1970年12月17日第2749XXV号决议所载各项原则,联合国大会在该决议中庄严宣布,除其他外,国家管辖范围以外的海床和洋底区域及其底土以及该区域的资源为人类的共同继承财产,其勘探与开发应为全人类的利益而进行,不论各国的地理位置如何,相信在本公约中所达成的海洋法的编纂和逐渐发展,将有助于按照联合国宪章所载的联合国的宗旨和原则巩固各国间符合正义和权利平等原则的和平、安全、合作和友好关系,并将促进全世界人民的经济和社会方面的进展, 确认本公约未予规定的事项,应继续以一般国际法的规则和原则为准据, 经协议如下:第Ⅰ部分用语和范围第1条用语和范围1.为本公约的目的:1“‘区域’”是指国家管辖范围以外的海床和洋底及其底土;2“管理局”是指国际海底管理局;3“‘区域’内活动”是指勘探和开发“区域”的资源的一切活动;4“海洋环境的污染”是指:人类直接或间接把物质或能量引入海洋环境,其中包括河口湾,以致造成或可能造成损害生物资源和海洋生物、危害人类健康、妨碍包括捕鱼和海洋的其他正当用途在内的各种海洋活动、损坏海水使用质量和减损环境优美等有害影响;5a“倾倒”是指:i从船只、飞机、平台或其他人造海上结构故意处置废物或其他物质的行为;ii故意处置船只、飞机、平台或其他人造海上结构的行为;b“倾倒”不包括:i船只、飞机、平台或其他人造海上结构及其装备的正常操作所附带发生或产生的废物或其他物质的处置,但为了处置这种物质而操作的船只、飞机、平台或其他人造海上结构所运载或向其输送的废物或其他物质,或在这种船只、飞机、平台或结构上处理这种废物或其他物质所产生的废物或其他物质均除外;ii并非为了单纯处置物质而放置物质,但以这种放置不违反本公约的目的为限;2.1“缔约国”是指同意受本公约拘束而本公约对其生效的国家;2本公约比照适用于第305条第1款b、c、d、e和f项所指的实体,这些实体按照与各自有关的条件成为本公约的缔约国,在这种情况下,“缔约国”也指这些实体;第Ⅱ部分领海和毗连区第1节一般规定第2条领海及其上空、海床和底土的法律地位1.沿海国的主权及于其陆地领土及其内水以外邻接的一带海域,在群岛国的情形下则及于群岛水域以外邻接的一带海域,称为领海;2.此项主权及于领海的上空及其海床和底土;3.对于领海的主权的行使受本公约和其他国际法规则的限制;第2节领海的界限第3条领海的宽度每一国家有权确定其领海的宽度,直至从按照本公约确定的基线量起不超过十二海里的界限为止;第4条领海的外部界限领海的外部界限是一条其每一点同基线最近点的距离等于领海宽度的线;第5条正常基线除本公约另有规定外,测算领海宽度的正常基线是沿海国官方承认的大比例尺海图所标明的沿岸低潮线;第6条礁石在位于环礁上的岛屿或有岸礁环列的岛屿的情形下,测算领海宽度的基线是沿海国官方承认的海图上以适当标记显示的礁石的向海低潮线;第7条直线基线1.在海岸线极为曲折的地方,或者如果紧接海岸有一系列岛屿,测算领海宽度的基线的划定可采用连接各适当点的直线基线法;2.在因有三角洲和其他自然条件以致海岸线非常不稳定之处,可沿低潮线向海最远处选择各适当点,而且,尽管以后低潮线发生后退现象,该直线基线在沿海国按照本公约加以改变以前仍然有效;3.直线基线的划定不应在任何明显的程度上偏离海岸的一般方向,而且基线内的海域必须充分接近陆地领土,使其受内水制度的支配;4.除在低潮高地上筑有永久高于海平面的灯塔或类似设施,或以这种高地作为划定基线的起讫点已获得国际一般承认者外,直线基线的划定不应以低潮高地为起讫点;5.在依据第1款可采用直线基线法之处,确定特定基线时,对于有关地区所特有的并经长期惯例清楚地证明其为实在而重要的经济利益,可予以考虑;6.一国不得采用直线基线制度,致使另一国的领海同公海或专属经济区隔断;第8条内水1.除第Ⅳ部分另有规定外,领海基线向陆一面的水域构成国家内水的一部分;2.如果按照第7条所规定的方法确定直线基线的效果使原来并未认为是内水的区域被包围在内成为内水,则在此种水域内应有本公约所规定的无害通过权;第9条河口如果河流直接流入海洋,基线应是一条在两岸低潮线上两点之间横越河口的直线;第10条海湾1.本条仅涉及海岸属于一国的海湾;2.为本公约的目的,海湾是明显的水曲,其凹入程度和曲口宽度的比例,使其有被陆地环抱的水域,而不仅为海岸的弯曲;但水曲除其面积等于或大于横越曲口所划的直线作为直径的半圆形的面积外,不应视为海湾;3.为测算的目的,水曲的面积是位于水曲陆岸周围的低潮标和一条连接水曲天然入口两端低潮标的线之间的面积;如果因有岛屿而水曲有一个以上的曲口,该半圆形应划在与横越各曲口的各线总长度相等的一条线上;水曲内的岛屿应视为水曲水域的一部分而包括在内;4.如果海湾天然入口两端的低潮标之间的距离不超过二十四海里,则可在这两个低潮标之间划出一条封口线,该线所包围的水域应视为内水;5.如果海湾天然入口两端的低潮标之间的距离超过二十四海里,二十四海里的直线基线应划在海湾内,以划入该长度的线所可能划入的最大水域;6.上述规定不适用于所谓“历史性”海湾,也不适用于采用第7条所规定的直线基线法的任何情形;第11条港口为了划定领海的目的,构成海港体系组成部分的最外部永久海港工程视为海岸的一部分;近岸设施和人工岛屿不应视为永久海港工程;第12条泊船处通常用于船舶装卸和下锚的泊船处,即使全部或一部位于领海的外部界限以外,都包括在领海范围之内;第13条低潮高地1.低潮高地是在低潮时四面环水并高于水面但在高潮时没入水中的自然形成的陆地;如果低潮高地全部或一部与大陆或岛屿的距离不超过领海的度宽,该高地的低潮线可作为测算领海宽度的基线;2.如果低潮高地全部与大陆或岛屿的距离超过领海的宽度,则该高地没有其自己的领海;第14条确定基线的混合办法沿海国为适应不同情况,可交替使用以上各条规定的任何方法以确定基线;第15条海岸相向或相邻国家间领海界限的划定如果两国海岸彼此相向或相邻,两国中任何一国在彼此没有相反协议的情形下,均无权将其领海伸延至一条其每一点都同测算两国中每一国领海宽度的基线上最近各点距离相等的中间线以外;但如因历史性所有权或其他特殊情况而有必要按照与上述规定不同的方法划定两国领海的界限,则不适用上述规定;第16条海图和地理坐标表1.按照第7、第9和第10条确定的测算领海宽度的基线,或根据基线划定的界限,和按照第12和第15条划定的分界线,应在足以确定这些线的位置的一种或几种比例尺的海图上标出;或者,可以用列出各点的地理坐标并注明大地基准点的表来代替;2.沿海国应将这种海图或地理坐标表妥为公布,并应将各该海图和坐标表的一份副本交存于联合国秘书长;第3节领海的无害通过A分节适用于所有船舶的规则第17条无害通过权在本公约的限制下,所有国家,不论为沿海国或内陆国,其船舶均享有无害通过领海的权利;第18条通过的意义1.通过是指为了下列目的,通过领海的航行:a穿过领海但不进入内水或停靠内水以外的泊船处或港口设施;或b驶往或驶出内水或停靠这种泊船处或港口设施;2.通过应继续不停和迅速进行;通过包括停船和下锚在内,但以通常航行所附带发生的或由于不可抗力或遇难所必要的或为救助遇险或遭难的人员、船舶或飞机的目的为限;第19条无害通过的意义1.通过只要不损害沿海国的和平、良好秩序或安全,就是无害的;这种通过的进行应符合本公约和其他国际法规则;2.如果外国船舶在领海内进行下列任何一种活动,其通过即应视为损害沿海国的和平、良好秩序或安全:a对沿海国的主权、领土完整或政治独立进行任何武力威胁或使用武力,或以任何其他违反联合国宪章所体现的国际法原则的方式进行武力威胁或使用武力;b以任何种类的武器进行任何操练或演习;c任何目的在于搜集情报使沿海国的防务或安全受损害的行为;d任何目的在于影响沿海国防务或安全的宣传行为;e在船上起落或接载任何飞机;f在船上发射、降落或接载任何军事装置;g违反沿海国海关、财政、移民或卫生的法律和规章,上下任何商品、货币或人员;h违反本公约规定的任何故意和严重的污染行为;i任何捕鱼活动;j进行研究或测量活动;k任何目的在于干扰沿海国任何通讯系统或任何其他设施或设备的行为;l与通过没有直接关系的任何其他活动;第40条本附件其他各节的适用1.本附件中与本节不相抵触的其他各节的规定,适用于分庭;2.分庭在执行其有关咨询意见的职务时,应在其认为可以适用的范围内,受本附件中关于法庭程序的规定的指导;第5节修正案第41条修正案1.对本附件的修正案,除对其第4节的修正案外,只可按照第313条或在按照本公约召开的一次会议上,以协商一致方式通过;2.对本附件第4节的修正案,只可按照第314条通过;3.法庭可向缔约国发出书面通知,对本规约提出其认为必要的修正案,以便依照第1和第2款加以审议;附件Ⅶ仲裁第1条程序的提起在第XV部分限制下,争端任何一方可向争端他方发出书面通知,将争端提交本附件所规定的仲裁程序;通知应附有一份关于其权利主张及该权利主张所依据的理由的说明;第2条仲裁员名单1.联合国秘书长应编制并保持一份仲裁员名单;每一缔约国应有权提名四名仲裁员,每名仲裁员均应在海洋事务方面富有经验并享有公平、才干和正直的最高声誉;这样提名的人员的姓名应构成该名单;2.无论何时如果一个缔约国提名的仲裁员在这样构成的名单内少于四名,该缔约国应有权按需要提名增补;3.仲裁员经提名缔约国撤回前仍应列在名单内,但被撤回的仲裁员仍应继续在被指派服务的任何仲裁法庭中工作,直到该仲裁法庭处理中的任何程序完成时为止;第3条仲裁法庭的组成为本附件所规定程序的目的,除非争端各方另有协议,仲裁法庭应依下列规定组成:a在g项限制下,仲裁法庭应由仲裁员五人组成;b提起程序的一方应指派一人,最好从本附件第2条所指名单中选派,并可为其本国国民;这种指派应列入本附件第1条所指的通知;c争端他方应在收到本附件第1条所指通知三十天内指派一名仲裁员,最好从名单中选派,并可为其国民;如在该期限内未作出指派,提起程序的一方,可在该期限届满后两星期内,请求按照e项作出指派;d另三名仲裁员应由当事各方间以协议指派;他们最好从名单中选派,并应为第三国国民,除非各方另有协议;争端各方应从这三名仲裁员中选派一人为仲裁法庭庭长;如果在收到本附件第1条所指通知后六十天内,各方未能就应以协议指派的仲裁法庭一名或一名以上仲裁员的指派达成协议,或未能就指派庭长达成协议,则经争端一方请求,所余指派应按照e项作出;这种请求应于上述六十天期间届满后两星期作出;e除非争端各方协议将本条c和d项规定的任何指派交由争端各方选定的某一人士或第三国作出,否则应由国际海洋法法庭庭长作出必要的指派;如果庭长不能依据本项办理,或为争端一方的国民,这种指派应由可以担任这项工作并且不是争端任何一方国民的国际海洋法法庭年资次深法官作出;本项所指的指派,应于收到请求后三十天期间内,在与当事双方协商后,从本附件第2条所指名单中作出;这样指派的仲裁员应属不同国籍,且不得为争端任何一方的工作人员,或其境内的通常居民或其国民;f任何出缺应按照原来的指派方法补缺;g利害关系相同的争端各方,应通过协议共同指派一名仲裁员;如果争端若干方利害关系不同,或对彼此是否利害关系相同,意见不一致,则争端每一方应指派一名仲裁员;由争端各方分别指派的仲裁员,其人数应始终比由争端各方共同指派的仲裁员少一人;h对于涉及两个以上争端各方的争端,应在最大可能范围内适用a至f项的规定;第4条仲裁法庭职务的执行依据本附件第3条组成的仲裁法庭,应按照本附件及本公约的其他规定执行职务;第5条程序除非争端各方另有协议,仲裁法庭应确定其自己的程序,保证争端每一方有陈述意见和提出其主张的充分机会;第6条争端各方的职责争端各方应便利仲裁法庭的工作,特别应按照其本国法律并用一切可用的方法:a向法庭提供一切有关文件、便利和情报;并b使法庭在必要时能够传唤证人或专家和收受其证据,并视察同案件有关的地点;第7条开支除非仲裁法庭因案情特殊而另有决定,法庭的开支,包括仲裁员的报酬,应由争端各方平均分担;第8条作出裁决所需要的多数仲裁法庭的裁决应以仲裁员的过半数票作出;不到半数的仲裁员缺席或弃权,应不妨碍法庭作出裁决,如果票数相等,庭长应投决定票;第9条不到案如争端一方不出庭或对案件不进行辩护,他方可请求仲裁法庭继续进行程序并作出裁决;争端一方缺席或不对案件进行辩护,应不妨碍程序的进行;仲裁法庭在作出裁决前,必须不但查明对该争端确有管辖权,而且查明所提要求在事实上和法律上均确有根据;第10条裁决书仲裁法庭的裁决书应以争端的主题事项为限,并应叙明其所根据的理由;裁决书应载明参与作出裁决的仲裁员姓名以及作出裁决的日期;任何仲裁员均可在裁决书上附加个别意见或不同意见;第11条裁决的确定性除争端各方事前议定某种上诉程序外,裁决应有确定性,不得上诉,争端各方均应遵守裁决;第12条裁决的解释或执行1.争端各方之间对裁决的解释或执行方式的任何争议,可由任何一方提请作出该裁决的仲裁法庭决定;为此目的,法庭的任何出缺,应按原来指派仲裁员的方法补缺;2.任何这种争执,可由争端所有各方协议,提交第287条所规定的另一法院或法庭;第13条对缔约国以外的实体的适用本附件应比照适用涉及缔约国以外的实体的任何争端;附件Ⅷ特别仲裁第1条程序的提起在第XV部分限制下,关于本公约中有关1渔业、2保护和保全海洋环境、3海洋科学研究和4航行,包括来自船只和倾倒造成的污染的条文在解释或适用上的争端,争端任何一方可向争端他方发出书面通知,将该争端提交本附件所规定的特别仲裁程序;通知应附有一份关于其权利主张及该权利主张所依据的理由的说明;第2条专家名单1.就1渔业,2保护和保全海洋环境,3海洋科学研究和4航行,包括来自船只和倾倒造成的污染四个方面,应分别编制和保持专家名单;2.专家名单在渔业方面,由联合国粮食及农业组织;在保护和保全海洋环境方面,由联合国环境规划署;在海洋科学研究方面,由政府间海洋学委员会;在航行方面,包括来自船只和倾倒造成的污染,由国际海事组织,或在每一情形下由各该组织、署或委员会授予此项职务的适当附属机构,分别予以编制并保持;3.每个缔约国应有权在每一方面提名二名公认的法律、科学或技术上确有专长并享有公平和正直的最高声誉的专家;在每一方面这样提名的人员的姓名构成有关名单;4.无论何时,如果一个缔约国提名的专家在这样组成的任何名单内少于两名,该缔约国有权按需要提名增补;5.专家经提名缔约国撤回前应仍列在名单内,被撤回的专家应继续在被指派服务的特别仲裁法庭中工作,直到该仲裁法庭处理中的程序完毕时为止;第3条特别仲裁法庭的组成为本附件所规定的程序的目的,除非争端各方另有协议,特别仲裁法庭应依下列规定组成:a在g项限制下,特别仲裁法庭应由仲裁员五人组成;b提起程序的一方应指派仲裁员二人,最好从本附件第2条所指与争端事项有关的适当名单中选派,其中一人可为其本国国民;这种指派应列入本附件第1条所指的通知;c争端他方应在收到本附件第1条所指的通知三十天内指派两名仲裁员,最好从名单中选派,其中一人可为其本国国民;如果在该期间内未作出指派,提起程序的一方可在该期间届满后两星期内,请求按照e项作出指派;d争端各方应以协议指派特别仲裁法庭庭长,最好从名单中选派,并应为第三国国民,除非争端各方另有协议;如果在收到本附件第1条所指通知之日起三十天内,争端各方未能就指派庭长达成协议,经争端一方请求,指派应按照e项作出;这种请求应于上述期间届满后两星期作出;e除非争端各方协议由各方选派的人士或第三国作出指派,应由联合国秘书长于收到根据c和d项提出的请求后三十天内作出必要的指派;本项所指的指派应从本附件第2条所指名单中与争端各方和有关国际组织协商作出;这样指派的仲裁员应属不同国籍,且不得为争端任何一方的工作人员,或为其领土内的通常居民或其国民;f任何出缺应按照原来的指派方法补缺;g利害关系相同的争端各方,应通过协议共同指派二名仲裁员;如果争端若干方利害关系不同,或对彼此是否利害关系相同意见不一致,则争端一方应指派一名仲裁员;h对于涉及两个以上争端各方的争端,应在最大可能范围内适用a至f项的规定;第4条一般规定附件Ⅶ第4至第13条比照适用于按照本附件的特别仲裁程序;第5条事实认定1.有关本公约中关于1渔业,2保护和保全海洋环境,3海洋科学研究或4航行,包括来自船只和倾倒造成的污染的各项规定在解释或适用上的争端各方,可随时协议请求按照本附件第3条组成的特别仲裁法庭进行调查,以确定引起这一争端的事实;。
The Regulations of the PRC on Emergency Preparedness and Response to Marine Pollution from Ships of
上海航泰律师事务所Hightime Law Office Shanghai电话/Tel : +86 21 5106 1396电邮/Email: shanghai@《中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定》已于2010年12月30日经第12次部务会议通过,现予公布,自2011年6月1日起施行。
The Regulations of the PRC on Emergency Preparedness and Response to Marine Pollution from Ships, adopted at the 12th executive meeting of ministerial affairs on 30 December 2010 promulgated on 1 March 2011 and shall come into effect as of 1 June 2011.中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定 The Regulations of the PRC on Emergency Preparedness and Response to MarinePollution from Ships第一章 总 则Chapter 1 General Provisions第一条 为提高船舶污染事故应急处置能力,控制、减轻、消除船舶污染事故造成的海洋环境污染损害,依据《中华人民共和国防治船舶污染海洋环境管理条例》等有关法律、行政法规和中华人民共和国缔结或者加入的有关国际条约,制定本规定。
Article 1 The Regulations are hereby formulated in accordance with the Regulations of the People’s Republic of China on Prevention and Control of Marine Polluti on from Ships , other relevant laws and regulations and relevant international conventions concluded or acceded to by the PRC government to enhance the emergency response capability to ship related pollution, to control, minimize and eliminate damages to the marine environment caused by ship related pollution accident.第二条 在中华人民共和国管辖海域内,防治船舶及其有关作业活动污染海洋环境的应急防备和应急处置,适用本规定。
海事劳工符合声明第一部分中英双语
Maritime Safety Administration of the People’s Republic of China海事劳工符合声明-第I部分Declaration of Maritime Labour Compliance-Part I(注:本声明必须附于船舶的海事劳工符合证明之后)(Note:This Declaration must be attached to the ship’s Statement of Maritime Labour Compliance)签发This Declaration is issued by the Maritime Safety Administration of People’s Republic of China就《2006年海事劳工公约》的规定而言,下述船舶With respect to the provisions of the Maritime Labour Convention,2006,the following referenced ship:船名Name of ship 国际海事组织编号IMO Number总吨Gross Tonnage与公约标准A5.1.3保持一致:Is maintained in accordance with Standard A5.1.3 of the Convention:下面的签字者代表上述主管当局声明:The undersigned declares, on behalf of the abovementioned competent authority ,that:(a) 《海事劳工公约》的规定已充分体现在下述国家要求之中:(a) the provisions of the Maritime Labour Convention are fully embodied in the following national requirements referred to below;(b) 这些国家要求收录在下文所述的国家规定中;凡必要时提供了关于这些规定内容的解释:(b) these national requirements are contained in the national provisions stated below; explanations concerning the content of those provisions are provided necessary;(c) 根据第六条第3款和第4款的任何实质上等效的细节在下述部分提供:(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the following sections;(d) 主管机关根据标题三所准予的任何免除在下文专门部分明确指出;(d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and(e) 在有关要求中还提及了国家立法中对任何船舶类型的具体要求。
2001年国际燃油污染损害民事责任公约(中英文对照)
2001年国际燃油污染损害民事责任公约(中英文对照)简介:由于1967年Torry Canyon轮近十万桶原油货油的污染事故,导致了国际间制定了1969年的油污民事责任公约,然其仅适用于来自油轮货油的污染。
燃油污染问题于八十年代初逐渐受到重视,CLC公约于1992年修订时(1992年CLC议定书),进一步将“油轮”的燃油污染损害纳入规范。
在1992年CLC 议定书的研拟期间,部分国家主张应将“所有船舶”的燃油污染纳入规范的提议或讨论。
然而由于CLC 所规范的“油轮的货油或燃油”与“一般船舶的燃油”有相当差异,为避免复杂及困扰从而影响议定书的通过,1992年CLC议定书最后仅将“油轮的燃油污染”纳入,而不包括“一般船舶的燃油污染”。
在1994年IMO海洋环境保护委员会(MEPC)第三十八届会议上,澳洲提议MEPC发展国际燃油污染损害赔偿机制。
MEPC随后请IMO法律委员会考虑,法律委员会于稍后的1995年第七十三届会议组成工作小组讨论此课题。
实际上在1996年HNS公约起草阶段,IMO法律委员会曾建议将燃油污染纳入该公约,但因许多国家主张燃油污染应独立立法,而使燃油污染未被纳入1996年HNS公约架构之下。
燃油污染损害赔偿稍后成为1996年的IMO法律委员会第七十五届大会的主要议题。
在该大会上,英国代表提出一份由U.K. P&I Club于1993年制作的重大赔偿案件分析报告,该报告指出,有近半数的污染索赔是来自“非货油”。
同年,IMO法律委员会提出燃油公约草案,在经过前后六年的讨论后,公约于2001年3月23日完成签署。
在整个燃油公约的起草过程中,有几个重要的争议主题,分别为:燃油污染是否应为严格责任 strict liability;燃油污染责任限额 limitation of liability;及强制保险及证明 compulsory insurance and certificate。
1979年国际海上搜寻与救助公约(英文版)讲解
1979年国际海上搜寻与救助公约(英文版) INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE,1979THE PARTIES TO THE CONVENTION,NOTING the great importance attached in several conventions to the rendering of assistance to persons in distress at sea and to the establishment by every coastal State of adequate and effective arrangements for coast watching and for search and rescue services,HAVING CONSIDERED Recommendation 40 adopted by the International Conference on Safety of Life at Sea, 1960, which recognizes the desirability ofco-ordinating activities regarding safety on and over the sea among a number of inter-governmental organizations,DESIRING to develop and promote these activities by establishing an international maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea,WISHING to promote co-operation among search and rescue organizations around the world and among those participating in search and rescue operations at sea. HAVE AGREED as follows:Article IGeneral obligations under the ConventionThe Parties undertake to adopt all legislative or other appropriate measures necessary to give full effect to the Convention and its Annex, which is an integral part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to its Annex.Article IIOther treaties and interpretation1. Nothing in the Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convenedpursuant to resolution 2750(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.2. No provision of the Convention shall be construed as prejudicing obligations or rights of vessels provided for in other international instruments.Article IIIAmendments1. The Convention may be amended by either of the procedures specified in paragraphs 2 and 3 hereinafter.2. Amendment after consideration within the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as the Organization):(a) Any amendment proposed by a Party and transmitted to the Secretary-General of the Organization (hereinafter referred to as the Secretary-General), or any amendment deemed necessary by the Secretary-General as a result of an amendment to a corresponding provision of Annex 12 to the Convention on International Civil Aviation, shall be circulated to all Members of the Organization and all Parties at least six months prior to its consideration by the Maritime Safety Committee of the Organization.(b) Parties, 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.(c) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee on condition that at least one third of the Parties shall be present at the time of adoption of the amendment.(d) Amendments adopted in accordance with sub-paragraph (c) shall be communicated by the Secretary-General to all Parties for acceptance.(e) An amendment to an Article or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or3.1.3 of the Annex shall be deemed to have been accepted on the date on which the Secretary-General has received an instrument of acceptance from two thirds of the Parties.(f) An amendment to the Annex other than to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10,3.1.2 or 3.1.3 shall be deemed to have been accepted at the end of one year from the date on which it is communicated to the Parties for acceptance. However, if within such period of one year more than one third of the Parties notify theSecretary-General that they object to the amendment, it shall be deemed not to have been accepted.(g) An amendment to an Article or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or3.1.3 of the Annex shall enter into force:(i) with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted;(ii) with respect to those Parties which accept it after the condition mentioned insub-paragraph (e) has been met and before the amendment enters into force, on the date of entry into force of the amendment;(iii) with respect to those Parties which accept it after the date on which the amendment enters into force, 30 days after the deposit of an instrument of acceptance.(h) An amendment to the Annex other than to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10,3.1.2 or 3.1.3 shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraph (f) 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, any Party may give notice to the Secretary-General 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 Maritime Safety Committee at the time of the adoption of the amendment.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 consider amendments to the Convention. Proposed amendments shall be circulated by the Secretary-General to all Parties at least six months prior to their consideration by the conference.(b) Amendments shall be adopted by such a conference by a two-thirds majority of the Parties present and voting, on condition that at least one third of the Parties shall be present at the time of adoption of the amendment. Amendments so adopted shall be communicated by the Secretary-General to all Parties for acceptance.(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 sub-paragraphs 2(e), 2(f), 2(g) and 2(h) respectively, provided that reference in sub-paragraph 2(h) to the Maritime Safety Committee expanded in accordance with sub-paragraph 2(b) shall be taken to mean reference to the conference.4. Any declaration of acceptance of, or objection to, an amendment or any notice given under sub-paragraph 2(h) shall be submitted in writing to the Secretary-General who shall inform all Parties of any such submission and the date of its receipt.5. The Secretary-General shall inform States of any amendments which enter into force, together with the date on which each such amendment enters into force.Article IVSignature, ratification, acceptance approval and accession1. The Convention shall remain open for signature at the Headquarters of the Organization from 1 November 1979 until 31 October 1980 and shall thereafter remain open for accession. States may become Parties to the 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.[1]2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.3. The Secretary-General shall inform States of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit.Article VEntry into force1. The Convention shall enter into force 12 months after the date on which 15 States have become Parties to it in accordance with Article IV.[2]2. Entry into force for States which ratify, accept, approve or accede to the Convention in accordance with Article IV after the condition prescribed in paragraph 1 has been met and before the Convention enters into force, shall be on the date of entry into force of the Convention.3. Entry into force for States which ratify, accept, approve or accede to the Convention after the date on which the Convention enters into force shall be 30 days after the date of deposit of an instrument in accordance with Article IV.4. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to the Convention in accordance with Article III shall apply to Convention, as amended, and the Convention, as amended, shall enter into force for a State depositing such an instrument 30 days after the date of its deposit.5. The Secretary-General shall inform States of the date of entry into force of the Convention.Article VIDenunciation1. The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party.2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General who shall notify States of any instrument of denunciation 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 one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General.Article VIIDeposit and registration1. The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to States.2. As soon as the Convention enters into force, the Secretary-General shall transmit the text thereof 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 VIIILanguagesThe Convention is established in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original.DONE AT HAMBURG this twenty-seventh day of April one thousand nine hundred and seventy-nine.IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for the purpose, have signed the Convention.[Signatures not reproduced here.]ANNEXCHAPTER 1TERMS AND DEFINITIONS1.1 "Shall" is used in the Annex to indicate a provision, the uniform application of which by all Parties is required in the interest of safety of life at sea.1.2 "Should" is used in the Annex to indicate a provision, the uniform application of which by all Parties is recommended in the interest of safety of life at sea.1.3 The terms listed below are used in the Annex with the following meanings:.1 "Search and rescue region". An area of defined dimensions within which search and rescue services are provided..2 "Rescue co-ordination centre". A unit responsible for promoting efficient organization of search and rescue services and for co-ordinating the conduct of search and rescue operations within a search and rescue region..3 "Rescue sub-centre". A unit subordinate to a rescue co-ordination centre established to complement the latter within a specified area within a search and rescue region..4 "Coast watching unit". A land unit, stationary or mobile, designated to maintain a watch on the safety of vessels in coastal areas..5 "Rescue unit". A unit composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations..6 "On-scene commander". The commander of a rescue unit designated to co-ordinate search and rescue operations within a specified search area..7 "Co-ordinator surface search". A vessel, other than a rescue unit, designated toco-ordinate surface search and rescue operations within a specified search area..8 "Emergency phase". A generic term meaning, as the case may be, uncertainty phase, alert phase or distress phase..9 "Uncertainty phase". A situation wherein uncertainty exists as to the safety of a vessel and the persons on board..10 "Alert phase". A situation wherein apprehension exists as to the safety of a vessel and of the persons on board..11 "Distress phase". A situation wherein there is a reasonable certainty that a vessel or a person is threatened by grave and imminent danger and requires immediate assistance..12 "To ditch". In the case of an aircraft, to make a forced landing on water.CHAPTER 2ORGANIZATION2.1 Arrangements for provision and co-ordination of search and rescue services2.1.1 Parties shall ensure that necessary arrangements are made for the provision of adequate search and rescue services for persons in distress at sea round their coasts. 2.1.2 Parties shall forward to the Secretary-General information on their search and rescue organization and later alterations of importance, including:.1 national maritime search and rescue services;.2 location of established rescue co-ordination centres, their telephone and telex numbers and areas of responsibility; and.3 principal available rescue units at their disposal.2.1.3 The Secretary-General shall in a suitable way transmit to all Parties the information referred to in paragraph 2.1.2.2.1.4 Each search and rescue region shall be established by agreement among Parties concerned. The Secretary-General shall be notified of such agreement.2.1.5 In case agreement on the exact dimensions of a search and rescue region is not reached by the Parties concerned, those Parties shall use their best endeavours to reach agreement upon appropriate arrangements under which the equivalent overall co-ordination of search and rescue services is provided in the area. TheSecretary-General shall be notified of such arrangements.2.1.6 The Secretary-General shall notify all Parties of the agreements or arrangements referred to in paragraphs 2.1.4 and 2.1.5.2.1.7 The delimitation of search and rescue regions is not related to and shall not prejudice the delimitation of any boundary between States.2.1.8 Parties should arrange that their search and rescue services are able to give prompt response to distress calls.2.1.9 On receiving information that a person is in distress at sea in an area within which a Party provides for the overall co-ordination of search and rescue operations, the responsible authorities of that Party shall take urgent steps to provide the most appropriate assistance available.2.1.10 Parties shall ensure that assistance be provided to any person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.2.2 Co-ordination of search and rescue facilities2.2.1 Parties shall make provision for the co-ordination of the facilities required to provide search and rescue services round their coasts.2.2.2 Parties shall establish a national machinery for the overall co-ordination of search and rescue services.2.3 Establishment of rescue co-ordination centres and rescue sub-centres2.3.1 To meet the requirements of paragraphs 2.2.1 and 2.2.2 Parties shall establish rescue co-ordination centres for their search and rescue services and such rescuesub-centres as they consider appropriate.2.3.2 The competent authorities of each Party shall determine the area for which a rescue sub-centre is responsible.2.3.3. Each rescue co-ordination centre and rescue sub-centre established in accordance with paragraph 2.3.1 shall have adequate means for the receipt of distress communications via a coast radio station or otherwise. Every such centre andsub-centre shall also have adequate means for communication with its rescue units and with rescue co-ordination centres or rescue sub-centres, as appropriate, in adjacent areas.2.4 Designation of rescue units2.4.1 Parties shall designate either:.1 as rescue units, State or other appropriate public or private services suitably located and equipped, or parts thereof; or.2 as elements of the search and rescue organization, State or other appropriate public or private services or parts thereof, not suitable for designation as rescue units, but which are able to participate in search and rescue operations, and shall define the functions of those elements.2.5 Facilities and equipment of rescue units2.5.1 Each rescue unit shall be provided with facilities and equipment appropriate to its task.2.5.2 Each rescue unit should have rapid and reliable means of communication with other units or elements engaged in the same operation.2.5.3 Containers or packages containing survival equipment for dropping to survivors should have the general nature of their contents indicated by a colour code in accordance with paragraph 2.5.4 and by printed indication and self-explanatory symbols, to the extent that such symbols exist.2.5.4 The colour identification of the contents of droppable containers and packages containing survival equipment should take the form of streamers coloured according to the following code:.1 Red - medical supplies and first aid equipment;.2 Blue - food and water;.3 Yellow - blankets and protective clothing; and.4 Black - miscellaneous equipment such as stoves, axes, compasses and cooking utensils.2.5.5 Where supplies of a mixed nature are dropped in one container or package, the colour code should be used in combination.2.5.6 Instructions on the use of the survival equipment should be enclosed in each of the droppable containers or packages. They should be printed in English and in at least two other languages.CHAPTER 3CO-OPERATION3.1 Co-operation between States3.1.1 Parties shall co-ordinate their search and rescue organizations and should, whenever necessary, co-ordinate search and rescue operations with those of neighbouring States.3.1.2 Unless otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and regulations, immediate entry into or over its territorial sea or territory of rescue units of other Parties solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. In such cases, search and rescue operations shall, as far as practicable, be co-ordinated by the appropriate rescue co-ordination centre of the Party which has authorized entry, or such other authority as has been designated by that Party.3.1.3 Unless otherwise agreed between the States concerned, the authorities of a Party which wishes its rescue units to enter into or over the territorial sea or territory of another Party solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties, shall transmit a request,giving full details of the projected mission and the need for it, to the rescueco-ordination centre of that other Party, or to such other authority as has been designated by that Party.3.1.4 The competent authorities of Parties shall:.1 immediately acknowledge the receipt of such a request; and.2 as soon as possible indicate the conditions, if any, under which the projected mission may be undertaken.3.1.5 Parties should enter into agreements with neighbouring States setting forth the conditions for entry of each other's rescue units into or over their respective territorial sea or territory. These agreements should also provide for expediting entry of such units with the least possible formalities.3.1.6 Each Party should authorize its rescue co-ordination centres:.1 to request from other rescue co-ordination centres such assistance, including vessels, aircraft, personnel or equipment, as may be needed;.2 to grant any necessary permission for the entry of such vessels, aircraft, personnel or equipment into or over its territorial sea or territory; and.3 to make the necessary arrangements with the appropriate customs, immigration or other authorities with a view to expediting such entry.3.1.7 Each Party should authorize its rescue co-ordination centres to provide, when requested, assistance to other rescue co-ordination centres, including assistance in the form of vessels, aircraft, personnel or equipment.3.1.8 Parties should enter into search and rescue agreements with neighbouring States regarding the pooling of facilities, establishment of common procedures, conduct of joint training and exercises, regular checks of inter-State communication channels, liaison visits by rescue co-ordination centre personnel and the exchange of search and rescue information.3.2 Co-ordination with aeronautical services3.2.1 Parties shall ensure the closest practicable co-ordination between maritime and aeronautical services so as to provide for the most effective and efficient search and rescue services in and over their search and rescue regions.3.2.2 Whenever practicable, each Party should establish joint rescue co-ordination centres and rescue sub-centres to serve both maritime and aeronautical purposes.3.2.3 Whenever separate maritime and aeronautical rescue co-ordination centres or rescue sub-centres are established to serve the same area, the Party concerned shall ensure the closest practicable co-ordination between the centres or sub-centres.3.2.4 Parties shall ensure as far as is possible the use of common procedures by rescue units established for maritime purposes and those established for aeronautical purposes.CHAPTER 4PREPARATORY MEASURES4.1 Requirements for information4.1.1 Each rescue co-ordination centre and rescue sub-centre shall have availableup-to-date information relevant to search and rescue operations in its area including information regarding:.1 rescue units and coast watching units;.2 any other public and private resources, including transportation facilities and fuel supplies, that are likely to be useful in search and rescue operations;.3 means of communication that may be used in search and rescue operations;.4 names, cable and telex addresses, telephone and telex numbers of shipping agents, consular authorities, international organizations and other agencies who may be able to assist in obtaining vital information on vessels;.5 the locations, call signs or maritime mobile service identities, hours of watch and frequencies of all radio stations likely to be employed in search and rescue operations; .6 the locations, call signs or maritime mobile service identities, hours of watch and frequencies of all coast radio stations disseminating meteorological forecasts and warnings for the search and rescue region;.7 the locations and hours of watch of services keeping radio watch and the frequencies guarded;.8 objects likely to be mistaken for unlocated or unreported wreckage; and.9 locations where supplies of droppable emergency survival equipment are stored.4.1.2 Each rescue co-ordination centre and rescue sub-centre should have ready access to information regarding the position, course, speed and call sign or ship station identity of vessels within its area which may be able to provide assistance to vessels or persons in distress at sea. This information shall either be kept in the rescue co-ordination centre or be readily obtainable when necessary.4.1.3 A large-scale map shall be provided at each rescue co-ordination centre and rescue sub-centre for the purpose of displaying and plotting information relevant to search and rescue operations in its area.4.2 Operating plans or instructions4.2.1 Each rescue co-ordination centre and rescue sub-centre shall prepare or have available detailed plans or instructions for the conduct of search and rescue operations in its area.4.2.2. The plans or instructions shall specify arrangements for the servicing and refuelling, to the extent possible, of vessels, aircraft and vehicles employed in search and rescue operations, including those made available by other States.4.2.3 The plans or instructions should contain details regarding action to be taken by those engaged in search and rescue operations in the area, including:.1 the manner in which search and rescue operations are to be conducted;.2 the use of available communications systems and facilities;.3 the action to be taken jointly with other rescue co-ordination centres or rescuesub-centres, as appropriate;.4 the methods of altering vessels at sea and en route aircraft;.5 the duties and authority of personnel assigned to search and rescue operations;.6 possible redeployment of equipment that may be necessitated by meteorological or other conditions;.7 the methods of obtaining essential information relevant to search and rescue operations, such as appropriate notices to mariners and reports and forecasts of weather and sea surface conditions;.8 the methods of obtaining from other rescue co-ordination centres or rescuesub-centres, as appropriate, such assistance as may be needed, including vessels, aircraft, personnel and equipment;.9 the methods of assisting rescue vessels or other vessels to rendezvous with vessels in distress; and.10 the methods of assisting distressed aircraft compelled to ditch to rendezvous with surface craft.4.3 Preparedness of rescue units4.3.1 Each designated rescue unit shall maintain a state of preparedness commensurate with its task and should keep the appropriate rescue co-ordination centre or rescue sub-centre informed of its state of preparedness.CHAPTER 5OPERATING PROCEDURES5.1 Information concerning emergencies5.1.1 Parties shall ensure that such continuous radio watches as are deemed practicable and necessary, are maintained on international distress frequencies. A coast radio station receiving any distress call or message shall:.1 immediately inform the appropriate rescue co-ordination centre or rescuesub-centre;.2 rebroadcast to the extent necessary to inform ships on one or more of the international distress frequencies or on any other appropriate frequency;.3 precede such rebroadcasts with the appropriate automatic alarm signals unless this has already been done; and.4 take such subsequent action as decided by the competent authority.5.1.2 Any authority or element of the search and rescue organization having reason to believe that a vessel is in a state of emergency should give as soon as possible all available information to the rescue co-ordination centre or rescue sub-centre concerned.5.1.3 Rescue co-ordination centres and rescue sub-centres shall, immediately upon receipt of information concerning a vessel in a state of emergency, evaluate suchinformation and determine the phase of emergency in accordance with paragraph 5.2 and the extent of operation required.5.2 Emergency phases5.2.1 For operations purposes, the following emergency phases shall be distinguished: .1 Uncertainty phase:.1.1 when a vessel has been reported overdue at its destination; or.1.2 when a vessel has failed to make an expected position or safety report..2 Alert phase:.2.1 when, following the uncertainty phase, attempts to establish contact with the vessel have failed and inquiries addressed to other appropriate sources have been unsuccessful; or.2.2 when information has been received indicating that the operating efficiency of a vessel is impaired but not to the extent that a distress situation is likely..3 Distress phase:.3.1 when positive information is received that a vessel or a person is in grave and imminent danger and in need of immediate assistance; or.3.2 when, following the alert phase, further unsuccessful attempts to establish contact with the vessel and more widespread unsuccessful inquiries point to the probability that the vessel is in distress; or.3.3 when information is received which indicates that the operating efficiency of a vessel has been impaired to the extent that a distress situation is likely.5.3 Procedures for rescue co-ordination centres and rescue sub-centres during emergency phases5.3.1 Upon the declaration of the uncertainty phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall initiate inquiries in order to determine the safety of the vessel or shall declare the alert phase.5.3.2 Upon the declaration of the alert phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall extend the inquiries for the missing vessel, alert appropriate search and rescue services and initiate such action, as described in paragraph 5.3.3, as is necessary in the light of the circumstances of the particular case.。
防止海员工伤事故公约英文版
防⽌海员⼯伤事故公约英⽂版CONVENTION No. 134 Convention concerning the Prevention of Occupa-tional Accidents to Seafarers第134号公约颁布⽇期:19701030 实施⽇期:19730217 颁布单位:⽇内⽡ [Date of coming into force: 17 February 1973.] The General Conference of the International Load Organization, Having been convened at Geneva by the Governing Body of theInternational labour Office, and having met in its Fifty-fifth Session on14 October 1970, and Noting the terms of existing international labour Conventions andRecommendations applicable to work on board ship and in port and relevantto the prevention of occupational accidents to seafarers, and inparticular of the Labour Inspection (Seamen) Recommendation, 1926, thePrevention of Industrial Accidents Recommendation, 1929, the Protectionagainst Accidents (Dockers) Convention (Revised), 1932, the MedicalExamination (Seafarers)Convention, 1946, and the Guarding of MachineryConvention and Recommendation, 1963, and Noting the terms of the Safety of Life at Sea Convention, 1960, andthe Regulations annexed to the International Load Line Convention asrevised in 1966, which provide for a number of safety measures on boardship which provide protection for persons employed thereon, and Having decided upon the adoption of certain proposals with regard toaccident prevention on board ship at sea and in port, which is the fifthitem on the agenda of the session, and Having determined that these proposals shall take the form of aninternational Convention, and Noting that, for the success of action in the field of accidentprevention on board ship, it is important that close co-operation bemaintained in their respective fields between the International LabourOrganization and the Inter-Governmental Maritime ConsultativeOrganization, and Noting that the following standards have accordingly been framed withthe co-operation of the Inter-Governmental Maritime ConsultativeOrganization, and that it is proposed to seek its continuing co-operationin the application of these standards, adopts this thirtieth day ofOctober of the year one thousand nine hundred and seventy the followingConvention, which may be cited as the Prevention of Accidents (Seafarers)Convention, 1970: Article 1 1. For the purpose of this Convention, the term “seafarer” covers allpersons who are employed in any capacity on board a ship, other than aship of war, registered in a territory for which the Convention is inforce and ordinarily engaged in maritime navigation. 2. In the event of any doubt whether any categories of persons are tobe regarded as seafarers for the purpose of this Convention, the questionshall be determined by the competent authority in each country afterconsultation with the shipowners' and seafarers' organizations concerned. 3. For the purpose of this Convention, the term “occupationalaccidents” covers accidents to seafarers arising out of or in the courseof their employment. Article 2 1. The competent authority in each maritime country shall take thenecessary measured to ensure that occupational accidents are adequatelyreported and investigated, and comprehensive statistics of such accidentskept and analysed. 2. All occupational accidents shall be reported and statistics shallnot be limited to fatalities or to accidents involving the ship. 3. The statistics shall record the numbers, nature, caused and effectsof occupational accidents, with a clear indication of the department onboard ship-for instance, deck, engine or catering-and of the area-forinstance, at sea or in port-where the accident occurred. 4. The competent authority shall undertake an investigation into thecauses and circumstances of occupational accidents resulting in loss oflife or serious personal injury, and such other accidents as may bespecified in national laws or regulations. Article 3 In order to provide a sound basis for the prevention of accidentswhich are due to particular hazards of maritime employment, research shallbe undertaken into general trends and into such hazards as are brought outby statistics. Article 4 1. Provisions concerning the prevention of occupational accidentsshall be laid down by laws or regulations, codes of practice or otherappropriate means. 2. These provisions shall refer to any general provisions on theprevention of accidents and the protection of health in employment whichmay be applicable to the work of seafarers, and shall specify measuresfor the prevention of accidents which are peculiar to maritime employment. 3. In particular, these provisions shall cover the following matters: (a) general and basic provisions; (b) structural features of the ship; (c) machinery; (d) special safety measures on and below deck; (e) loading and unloading equipment; (f) fire prevention and fire-fighting; (g) anchors, chains and lines; (h) dangerous cargo and ballast; (i) personal protective equipment for seafarers. Article 5 1. The accident prevention provisions referred to in Article 4 shallclearly specify the obligation of shipowners, seafarers and othersconcerned to comply with them. 2. Generally, any obligation on the shipowner to provide protectiveequipment or other accident prevention safeguards shall be accompanied byprovision for the use of such equipment and safeguards by seafarers and arequirement that they comply with the relevant accident preventionmeasures. Article 6 1. Appropriate measures shall be taken to ensure the properapplication of the provisions referred to in Article 4, by means ofadequate inspection or otherwise. 2. Appropriate measures shall be taken to ensure compliance with theseprovisions. 3. All necessary steps shall be taken to ensure that inspection andenforcement authorities are familiar with maritime employment and itspractices. 4. In order to facilitate application, copies or summaries of theprovisions shall be brought to the attention of seafarers,for instance bydisplay in a prominent position on board ship. Article 7 Provision shall be made for the appointment, from amongst the crew ofthe ship, of a suitable person or suitable persons or of a suitablecommittee responsible, under the Master, for accident prevention. Article 8 1. Programmes for the prevention of occupational accidents shall beestablished by the competent authority with the co-operation ofshipowners' and seafarers' organizations. 2. Implementation of such programmes shall be so organized that thecompetent authority, shipowners and seafarers or their representativesand other appropriate bodies may play an active part. 3. In particular, national or local joint accident preventioncommittees or ad hoc working parties, on which both shipowners' andseafarers' organizations are represented, shall be established. Article 9 1. The competent authority shall promote and, in so far as appropriateunder national conditions, ensure the inclusion, as part of theinstruction in professional duties, of instruction in the prevention ofaccidents and in measures for the protection of health in employment inthe curricula, for all categories and grades of seafarers, of vocationaltraining institutions. 2. All appropriate and practicable measures shall also be taken tobring to the attention of seafarers information concerning particularhazards, for instance by means of official notices containing relevantinstructions. Article 10 Members, with the assistance as appropriate of intergovernmental andother international organizations, shall endeavour, in co-operation witheach other, to achieve the greatest possible measure of uniformity ofother action for the prevention of occupational accidents. Article 11 The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration. Article 12 1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General. 2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General. 3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered. Article 13 1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article. Article 14 1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization. 2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him,the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force. Article 15 The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the p r o v i s i o n s o f t h e p r e c e d i n g A r t i c l e . / p > p b d s f i d = "1 1 8 " > 0 0 A r t i c l e 1 6 / p > p b d s f i d = " 1 1 9 " > 0 0 A t s u c h t i m e s a s i t m a y c o n s i d e r n e c e s s a r y t h e G o v e r n i n g B o d y o f t h e I n t e r n a t i o n a l L a b o u r O f f i c e s h a l l p r e s e n t t o t h e G e n e r a l C o n f e r e n c e a r e p o r t o n t h e w o r k i n g o f t h i s C o n v e n t i o n a n d s h a l l e x a m i n e t h e d e s i r a b i l i t y o f p l a c i n g o n th e a g e n d a o f t h e C o n f e r e n c e t h e q u e s t i o n o f i t s r e v i s i o n i n w h o l e o r i n p a r t . / p > p b d s f i d = " 12 0 " > 0 0 A r t i c l e 1 7 / p >。
人力资源船舶污染清除协议中英文对照
人力资源船舶污染清除协议中英文对照人力资源船舶污染清除协议Human Resource Ship Pollution Cleanup Agreement协议双方本协议由以下各方缔结:甲方:_______________(以下简称“船东”)乙方:_______________(以下简称“船员”)背景与目的船东拥有某船舶的经营权,出租该船舶给乙方使用作业。
乙方同意在合同期内保持该船的清洁及可靠运转,避免船舶引发污染事故。
本协议旨在明确双方的权利与义务。
1. 身份1.1 船东应为该船舶的所有者或者合法经营者。
1.2 船员应为合法在该船舶上担任工作职责的人员。
2. 权利与义务2.1 船东的权利与义务:2.1.1 保证船舶设备和相关的装置处于完好、有效、可靠的工作状态,确保船舶的运行安全和环境保护;2.1.2 对船舶进行定期、例行和突发污染健康状况检查、检测和维修等工作,确保船舶不会引起污染事故;2.1.3 向船员提供必要的技术培训和工作指导,确保船员具备操作技能和遵守污染防控法规的技能;2.1.4 对污染事故做出及时反应并采取有效措施进行处置和清除,以减少和防止环境污染和人身伤害事故的发生;2.1.5 承担和履行清除船舶污染和对潜在环境和生物造成的危害采取必要补救措施的责任和义务;2.1.6 船东有权向船员索要资格证明和资格考核证书,确保船员具备从事该船舶作业的能力和资格。
2.2 船员的权利与义务:2.2.1 对船舶及其设备、装置保持健康状态的责任和义务;2.2.2 遵守各项航海法规和污染防控法规,对船舶产生的污染问题尽职负责;2.2.3 配合船东定期、例行和突发污染健康状况检查、检测和维修等工作;2.2.4 船员负责船舶污染事故处置,积极参与和协调各项应急处置工作,并及时向船东汇报相关情况;2.2.5 在第一时间采取必要的措施减少和防止环境污染和人身伤害事故的发生;2.2.6 船员应具备从事该船舶作业的技能和资格,必须提供相关证件和证明。
国际防止船舶造成污染公约英文
《1973年国际防止船舶造成污染公约》(英文>FINAL ACT OF THE INTERNATIONAL CONFERENCE ON MARINE POLLUTION,1973Whole document1. By its Resolution A. 176 (VI> of October 21, 1969, the Assembly ofthe Inter-Governmental Maritime Consultative Organization decided toconvene in 1973 an International Conference on Marine Pollution. ThisConference was held in London from October 8 to November 2, 1973.2. The following States were represented by delegations at theConference:ArgentinaAustralia KenyaBahrain Khmer RepublicBelgium KuwaitBrazil LiberiaBulgaria Libyan Arab RepublicByelorussian Soviet Socialist MadagascarRepublic MexicoCanada MonacoChile MoroccoCuba NetherlandsCyprus New ZealandDenmark NigeriaDominican Republic NorwayEcuador PanamaEgypt PeruFinland PhilippinesFrance PolandGerman Democratic Republic PortugalGermany, Federal Republic of Republic of KoreaGhana RomaniaGreece Saudi ArabiaHaiti SingaporeHungary South AfricaIceland SpainIndia Sri LankaIndonesia SwedenIran SwitzerlandIraq ThailandIreland Trinidadand TobagoItaly TunisiaIvory Coast Ukrainian Soviet SocialistJapan RepublicJordan Union of Soviet SocialistRepublics United Republic of TanzaniaUnited Arab Emirates United States of AmericaUnited Kingdom of Great Britain Uruguayand Northern Ireland Venezuela3. The following States were represented at the Conference by observers:Colombia Republic of Viet-NamJamaica TurkeyMalawi YugoslaviaOmanThe Government of Hong Kong was also represented by an observer.4. At the invitation of the Assembly the following organizations inthe United Nations system sent representatives to the Conference:United NationsUnited Nations Environment ProgrammeFood and Agriculture OrganizationUnited Nations Educational, Scientific and Cultural OrganizationInternational Bank for Reconstruction and DevelopmentInternational Atomic Energy Agency5. The following inter-governmental organizations sent observers tothe Conference: European Economic CommunityInternational Institute for the Unification of Private Law6. The following non-governmental organizations also sent observers tothe Conference:International Chamber of ShippingInternational Organization for StandardizationInternational Electrotechnical CommissionInternational Union of Marine InsuranceInternational Association of Ports and HarborsThe Baltic and International Maritime ConferenceInternational Association of Classification SocietiesInternational Law AssociationEuropean Council of Chemical Manufacturers' FederationOil Companies International Marine ForumInternational Shipowners' AssociationFriends of the Earth International7. At the opening of the Conference The Hon. Michael Heseltine,Minister of Aerospace and Shipping of the United Kingdom and Mr. Maurice Strong Executive Director of the United Nations Environment Programme madestatements supporting the objective of the Conference.8. The Conference elected Mr. S. V. Bhave, Head of the Indian delegation, as President of the Conference.9. Twenty-four Vice-Presidents of the Conference were elected, as follows:First Vice-President: Mr. G. Lindencrona (Sweden>Mr. R. M Gowland (Argentina>H. E. Mr. M. Raffaelli (Brazil>The Hon. Jack Davis (Canada>Dr. M. Oporto (Cuba>Mr. M. A. El-Sammak (Egypt>Mr. J. P. Cabouat (France>Dr. H. Rentner (German Democratic Republic>Dr. G. Breuer (Germany, Federal Republic of>H. E. Mr. H. V. H. Sekyi (Ghana>Mr. M. Sjadzali (Indonesia>Mr. H. Afshar (Iran>Mr. K. G. Loukou (Ivory Coast>H. E. Mr. S. Sugihara (Japan>Mr. A. G. Toukan (Jordan>Mr. E. Dinga (Kenya>Mr. N. A. Al-Nakib (Kuwait>Mr. M. Ramarozaka (Madagascar>Dr. Vizcaino Murray (Mexico>Captain D. W. Boyes (New Zealand>Mr. S. Perkowicz (Poland>H. E. Mr. G. Nhigula (United Republic of Tanzania>Mr. V. Tikhonov (USSR>Mr. J. N Archer (United Kingdom>10. Mr. Colin Goad. Secretary-General of the Organization, acted as Secretary-General of the Conference with Mr. J. Queguiner. Deputy Secretary-General, as Deputy Secretary-General of the Conference. Captain A. Saveliev, Secretary of the Maritime Safety Committee of the Organization, was appointed Executive Secretary of the Conference and Mr. Y. Sasamura. Head of Marine Science and Technology Division, and Mr. T. Mensah, Head of Legal Division, of the Organization were appointed Deputy Executive Secretaries of the Conference.11. The Conference established the following Committees and a Steering Committee composed of officers of the Conference:Committee IChairman: H. E. Dr. P. V. J. Solomon (Trinidad andTobago>Vice-Chairman: Mr. G. Lindencrona (Sweden>Committee IIChairman: Dr. L. Spinelli (Italy>Vice-Chairman: Dr. W. Al-Nimer (Bahrain>Committee IIIChairman: Mr. R. J. Lakey (United States ofAmerica>Vice-Chairman: Mr. Koh Eng Tian (Singapore>Committee IVChairman: H. E. Prof. A. Yankov (Bulgaria>Vice-Chairman: The Hon. G. F. B. Cooper (Liberia>Credentials CommitteeChairman: Mr. P. A. Araque (Philippines>Drafting CommitteeChairman: Mr. G. A. E. Longe (Nigeria>Vice-Chairman: H. E. Mr. J. D. del Campo (Uruguay>12. The following documentation formed the basis of the work of theConference:-Draft Text of an International Convention for the Prevention ofPollution from Ships, 1973-Draft Protocol Relating to Intervention on the High Seas in Casesof Marine Pollution by Substances other than Oil-Draft Resolutions relating to the prevention and control ofmarine pollution-Proposals and comments, including amendments to the draftsmentioned above, submitted to the Conference by interested Governments andOrganizations.13. As a result of its deliberations, recorded in the summary recordsand reports of the Conference, the following instruments were adopted bythe Conference:INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 with its Protocols, Annexes and Appendices。
04船舶污染清除协议(中英文对照)
协议编号:Agreement No.:船舶污染清除协议Agreement for Ship Pollution Response中华人民共和国海事局制Printed by Maritime Safety Administration of the People’s Republicof China协议说明Introduction to Agreement一、为了有效实施船舶污染清除协议管理制度,根据《中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定》第二十九条的规定,制定船舶污染清除协议样本(以下简称本协议)。
1. This Sample Agreement for Ship Pollution Response (hereinafter referred to as “this Agreement”) is formulated in accordance with the provisions of Article 29 of the Regulations of the People’s Republic of China on Emergency Preparedness and Response on Marine Environment Pollution from Ships for the purpose of effectively implementing the regime of agreement for ship pollution response.二、船舶所有人、船舶管理人或者船舶的实际经营人(甲方)与取得相应资质的船舶污染清除单位(乙方),应当根据《中华人民共和国防治船舶污染海洋环境管理条例》第三十三条以及《中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定》、《中华人民共和国海事局船舶污染清除协议管理制度实施细则》的有关规定,在船舶作业前或者进出港口前签订船舶污染清除协议。
防止船舶垃圾污染规则
4、生活废弃物系指其他附则未规定的、在船上起居处所产生的所有 类型的废弃物。生活废弃物不包括灰水。
Domestic wastes means all types of wastes not covered by other Annexes that are generated in the accommodation spaces on board the ship. Domestic wastes does not include grey water.
8 、食品废弃物系指船上产生的任何变质或未变质的食料,包括 水果、蔬菜、奶制品、家禽、肉类产品和食物残渣。
Food wastes means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard ship.
Regulation 1 Definitions 定义
9 、垃圾系指产生于船舶正常营运期间并需要连续或定期处理的 各种食品废弃物、生活废弃物、操作废弃物、所有的塑料、货物 残留物、焚烧炉灰、食用油、渔具和动物尸体,但本公约其他附 则中所界定的或列出的物质除外。垃圾不包括因航行过程中的捕 鱼活动和为把包括贝类在内的鱼产品安置在水产品养殖设施内以 及把捕获的包括贝类在内的鱼产品从此类设施转到岸上加工的运 输过程中产生的鲜鱼及其各部分。
Regulation 1 Definitions 定义
5、在航系指船舶正在海上进行一段或多段航行,包括偏离最短的 直线航程,这种偏航将尽实际可能出于航行目的,以使排放尽量 合理有效地扩散至大片海域。
CCS TI.130(CN)_关于欧盟船舶回收法规生效的通告
3
应关注欧盟法规对有害物质控制的要求,特别是在香港公约要求之外新增加的有害物质 控制要求,机构/公司的人员资质和培训、工作程序和记录和检测设备等应做相应的调整补 充。对于之前已经按香港公约要求申请我社认可的机构,应向我社申请认可变更以确保涵盖 欧盟法规的相关要求。
欧盟(EU)1257/2013 船舶回收法规(以下简称欧盟法规)已于 2013 年 12 月 30 日正 式生效,目的是在船舶整个生命周期内促进安全、保护人体健康和欧盟海洋环境,特别是确 保对拆船产生的有害废料进行环境无害化管理,并旨在促进《2009 年香港国际安全与环境 无害化拆船公约》(以下简称香港公约)尽早生效。我社前期已就香港公约的要求发布了相 关通函和指南,具体请参见 CCS 总第 355 号、总第 443 号通函以及中国船级社《船舶有害物 质清单编制及检验指南》(2013)。
(四)拆船厂 应关注欧盟法规标题 III 有关拆船厂的相关要求,包括对拆船设施硬件方面以及管理上 的要求,特别是超出香港公约的技术要求。考虑到“欧盟清单”(欧盟认可的拆船厂清单) 最早在 2014 年 12 月 31 日发布,自发布之日起欧盟成员国船旗船舶只能在清单所列的拆船 厂拆船,因此建议拟列入欧盟清单的各拆船厂(即欧盟法规所说的第三国拆船厂)在此日期 前尽早按法规第 15 条要求向欧盟委员会提出申请,以获得拆解欧盟成员国船旗船舶的资质。
2. 欧盟法规附件 II(应在 IHM 列出的有害物质),在香港公约要求之外,新增了“溴 化阻燃剂(HBCDD)”,扩大了需列入有害物质清单的范围,但未给出具体的阈值、判定标准 等技术指标。
(二)对拆船厂的要求(欧盟法规第 13、14、15、16 条) 欧盟法规要求欧盟成员国船旗待拆船舶需到列入“欧盟清单(欧盟认可的拆船厂清单)” 的拆船厂进行拆解,并对拆船设施提出了高于香港公约的具体要求,这些要求(如在不透水 地面的处置要求等),实际上禁止了冲滩拆船,仅能在干坞、码头、混凝土船台等场地作业, 即欧盟法规第 13.1(c)条所述的“在已建成的建筑结构中作业”。另外,对于欧盟成员国外 的第三国境内的拆船厂,可向欧盟委员会提出申请列入欧盟清单,经由具备相应资格的独立 的验证方对拆船厂进行现场检查,同时要求拆船公司在提交申请时应明示接受欧盟或其代理 可能进行的现场检查,合格后可以列入“欧盟清单”。 (三)分阶段实施 为确保欧盟法规的有效实施及可操作,采取按时间分步骤实施的方式,参见本通告第一 部分相关内容。 有关欧盟法规和香港公约条款要求差异的具体对比分析,详见本通告附件 1“欧盟法规 与香港公约条款要求对比表”。
海牙规则英文版
海牙规则英文版海牙规则-英文版-中文版INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING (“HAGUE RULES”), AND PROTOCOL OF SIGNATURE (Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Headof the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of Romania, His Majesty the King of the Serbs, Croats andSlovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreementcertain uniform rules of law relating to bills of lading, HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:Article 1In this Convention the following words are employed with the meanings set out below:(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c) "Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried.(d) "Ship" means any vessel used for the carriage of goods by sea.(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.Article 2Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, andentitled to the rights and immunities hereinafter set forth.Article 31. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence t(a) Make the ship seaworthy.(b) Properly man, equip and supply the ship.(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.2. Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things:(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c) The apparent order and condition of the goods.Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actuallyreceived, or which he has had no reasonable means of checking.4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c).5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, suchremoval shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.If the loss or damage is not apparent, the notice must be given within three days of the delivery of the goods.The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection.In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.In the case of any actual or apprehended loss or damage thecarrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.7. After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with thename or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose of this Article be deemed to constitute a "shipped" bill of lading.8. Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in this Convention, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.Article 41. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods arecarried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Article.2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.(b) Fire, unless caused by the actual fault or privity of the carrier.(c) Perils, dangers and accidents of the sea or other navigable waters.(d) Act of God.(e) Act of war.(f) Act of public enemies.(g) Arrest or restraint or princes, rulers or people, or seizure under legal process.(h) Quarantine restrictions.(i) Act or omission of the shipper or owner of the goods, his agent or representative.(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.(k) Riots and civil commotions.(l) Saving or attempting to save life or property at sea.(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.(n) Insufficiency of packing.(o) Insufficiency or inadequacy of marks.(p) Latent defects not discoverable by due diligence.(q) Any other cause arising without the actual fault or privity of the carrier, or without the actual fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connexion with goods in an amount exceeding 100 pounds sterling per package or unit, or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading.This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or conclusive on the carrier.By agreement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, provided that suchmaximum shall not be less than the figure above named.Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connexion with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.Article 5A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this Convention, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.Article 6Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.Any agreement so entered into shall have full legal effect.Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.Article 7Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connexion with, the custody and care and handling of goods prior to the loading on, and subsequent to, the discharge from the ship on which the goods are carried by sea.Article 8The provisions of this Convention shall not affect the rightsand obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.Article 9The monetary units mentioned in this Convention are to be taken to be gold value.Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this Convention in terms of pound sterling into terms of their own monetary system in round figures.The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing onthe day of the arrival of the ship at the port of discharge of the goods concerned.Article 10The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States.Article 11After an interval of not more than two years from the day on which the Convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the Convention, with a view to deciding whether it shall be put into force. The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments. The first deposit of ratifications shall be recorded in a pr ocès-verbal signed by the representatives of the Powers which take part therein and by the Belgian Minister of Foreign Affairs.The subsequent deposit of ratifications shall be made bymeans of a written notification, addressed to the Belgian Government and accompanied by the instrument of ratification.A duly certified copy of the procès-verbal relating to the first deposit of ratifications, of the notifications referred to in the previous paragraph, and also of the instruments of ratification accompanying them, shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this Convention or who have acceded to it. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.Article 12Non-signatory States may accede to the present Convention whether or not they have been represented at the International Conference at Brussels.A State which desires to accede shall notify its intention in writing to the Belgian Government, forwarding to it the document of accession, which shall be deposited in the archives of the said Government.The Belgian Government shall immediately forward to all the States which have signed or acceded to the Convention a duly certified copy of the notification and of the act of accession, mentioning the date on which it received the notification.Article 13The High Contracting Parties may at the time of signature, ratification or accession declare that their acceptance of the present Convention does not include any or all of the self-governing dominions, or of the colonies, overseas possessions, protectorates or territories under their sovereignty or authority, and they may subsequently accede separately on behalf of anyself-governing dominion, colony, overseas possession, protectorate or territory excluded in their declaration. They may also denounce the Convention separately in accordance with its provisions in respect of any self-governing dominion, or any colony, overseas possession, protectorate or territory under their sovereignty or authority.Article 14The present Convention shall take effect, in the case of the States which have taken part in the first deposit of ratifications, one year after the date of the protocol recording such deposit.As respects the States which ratify subsequently or which accede, and also in cases in which the Convention is subsequently put into effect in accordance with Article 13, it shall take effect six months after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by the Belgian Government.Article 15In the event of one of the contracting States wishing to denounce the present Convention, the denunciation shall be notified in writing to the Belgian Government, which shall immediately communicate a duly certified copy of the notification to all the other States, informing them of the date on which it was received.The denunciation shall only operate in respect of the State which made the notification, and on the expiry of one year after the notification has reached the Belgian Government.Article 16Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments.A State which would exercise this right should notify its intention to the other States through the Belgian Government, which would make arrangements for convening the Conference.DONE at Brussels, in a single copy, August 25th, 1924.PROTOCOL OF SIGNATUREAt the time of signing the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading the Plenipotentiaries whose signatures appear below have adopted this Protocol, which will have the same force and the same value as if its provisions were inserted in the text of the Convention to which it relates.The High Contracting Parties may give effect to this Convention either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adopted under this Convention.They may reserve the right:1. To prescribe that in the cases referred to in paragraph 2(c) to (p) of Article 4 the holder of a bill of lading shall be entitled to establish responsibility for loss or damage arising from the personal fault of the carrier or the fault of his servants which are not covered by paragraph (a).2. To apply Article 6 in so far as the national coasting trade is concerned to all classes of goods without taking account of the restriction set out in the last paragraph of that Article.DONE at Brussels, in single copy, August 25th, 1924.统一提单的若干法律规则的国际公约(海牙规则)(1924 年8 月22 日订于布鲁塞尔,1924 年8 月25 日颁布,1942 年8 月25 日实施)第一条本公约所用下列各词,涵义如下:(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。
国际船舶油污责任赔偿体系下的损害赔偿范围
国际船舶油污责任赔偿体系下的损害赔偿X围关键词: 国际油污责任赔偿体系/损害赔偿X围/污染损害内容提要: 伴随着全球海上油类运输的日益频繁,船舶发生溢油事故的风险和严重性也随之递增。
一起重大油污事故往往会导致成千上万起的索赔,船舶油污损害的赔偿X围便成为建立责任主体和受害人之间的联系的必要条件。
当前,以?国际油污损害民事责任公约?和与之配套的?成立国际油污损害赔偿基金公约?为根底设立的国际船舶油污责任赔偿体系在广泛有效的适用过程中确定了有关损害赔偿X围问题的规那么明细,确保对油污损害受害人提供最大程度保护的同时也能够保证海上油类运输得以顺利进展。
随着现代技术和航运事业的日趋兴隆,海上船舶油污损害成为海洋环境、沿海区域乃至整个海洋生态系统的致命威胁。
大局部油污是由于油轮在海上发生碰撞、搁浅等事故而造成,当然也有由卸油过程中的渗漏所导致等其他原因。
众多海上事故的结果显示油污不仅仅导致一些海洋物种濒临灭绝,同时对污染海域附近的居民生活也构成了威胁。
〔注释1:Major Oil Spills,://.endgame.org/oilspills.htm,2010年4月9日。
〕由此,船舶油类引起的污染,无论在国际层面还是国内层面都足以广泛引起了人们的高度重视。
鉴于任何沿海国家都无法对公海行使管辖权,建立一个有效的海洋环境保护国际体系向油污受害者提供及时、充足的赔偿便显得尤为重要。
法律从公众对于大规模海上油类运输引发的环境威胁的知晓出发衍变为一个涉及规那么义务和刑事与民事责任的独特领域。
〔注释2:Tsimplis M.N,Marine Pollution from Shipping Activities〔2008〕14 Journal of International Maritime Law,pp.101-152.〕在现有的国际体系框架下,明确损害赔偿的X围是正确有效处理油污损害索赔案件的前提,有利于海洋环境保护。
1978年联合国海上货物运输公约(附英文)
1978年联合国海上货物运输公约(《汉堡规则》)简介:《维斯比规则》对虽然《海牙规则》作了一些有益的修改,对于维护建立在《海牙规则》基础上船货双方利益的平衡上起了一定的作用,但没有触及《海牙规则》的核心—承运人的归责原则,因而很多第三世界国家,以及代表货主利益的发达国家,如美国、加拿大、法国、澳大利亚,要求从根本上修改《海牙规则》的愿望未能得到实现。
同时,《海牙—维斯比规则》存在内容不够完善,不少规定含义不够明确、清楚和不足。
有鉴于此,联合国贸易和发展会议(United Nations Conference on Trade and Development—UNCTAD)于1969年4月设立国际航运立法工作组,研究提单的法律问题。
该工作组在1971年第2届会议上做出两项决议:第一,对《海牙规则》和《维斯比规则》进行修改,必要时制订新的国际公约;第二,在审议修订上述规则时,应清除规则含义不明确之处,建立船货双方平等分担海运货物风险的制度。
按照分工,上述工作后来移交给联合国国际贸易法委员会。
该委员会下设的国际航运立法工作组,于1976年5月完成起草工作。
1978年3月6日至31日,在德国汉堡有78个国家代表参加的联合国海上货物运输会议上通过了《1978年联合国海上货物运输公约》(United Nations Convention on the Carriage of Goods by Sea,1978),简称《汉堡规则》(Hamburg Rules—HBR)。
这一公约的制定,除适应了20世纪70年代改革海上货运法规的要求外,还导致了国际海运各方风险分配天平向货方或使用海运服务国家的倾斜。
因此,可以说该公约的制定是建立国际航运新秩序的一个成果。
其主要特点表现在:(1)该公约是一项完整的国际海上货物运输公约,是规范国际海上货物运输合同的法规,而《海牙规则》、《维斯比规则》只是统一关于提单若干法律规定的国际海运公约;(2)规定了新的海上运输承运人的赔偿责任制度——完全过失责任制;(3)引入了“实际承运人”或“履约承运人”,规定了承运人与实际承运人之间的法律关系,适应海上集装箱班轮运输发展的需要;(4)制定了新的“托运人”的定义,明确规定将货物实际交送承运人的人也是托运人,以保护出口商特别是FOB出口商的合法权益;(5)增加了活动物与舱面货条款;(6)提高了承运人的赔偿限额为835特别提款权,比《维斯比规则》高25%;(7)明确了保函的效力,反对和防止欺诈;(8)延长诉讼时效为两年,进一步保护索赔人的诉权;(9)制定了管辖权和仲裁条款,防止承运人利用提单上的管辖权条款确定有利于承运人的诉讼法院。
- 1、下载文档前请自行甄别文档内容的完整性,平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益,请联系客服反馈,我们会尽快为您处理(人工客服工作时间:9:00-18:30)。
An analysis of the European Regulation on ship recycling*by Dr Nikos MikelisNon executive Director, GMS DubaiIntroductionOn the 30th December 2013 the European Union brought into force the European Regulation on ship recycling(thereafter referred to as the ER) to regulate the safe and environmentally sound recycling of European flag ships, and also to require, in a few years time, the carriage on-board of inventories of hazardous materials for all ships visiting European ports. The entry into force of the ER is a significant event that will not only change the way ships under its scope are recycled, but also promises to bring changes to the contractual relations between Cash Buyers, shipowners and recycling yards. GMS, as the world’s leading Cash Buyer, has followed closely the development of the ER and has a good understanding of its provisions. With this article GMS shares its expertise, so as to facilitate the application of the new European requirements.BackgroundThe new Regulation evolved from text, originally proposed by the European Commission on 23 March 2012, through lengthy internal negotiations amongst the 27 Member States of the European Council, as well as through the deliberations of the European Parliament’s Environment Committee. Thereafter tripartite meetings were held between the Council, the Parliament and the Commission and at their third trilogue meeting, on 27 June 2013, an agreement was reached on a final compromise package. This agreement was formally adopted by the plenary of the European Parliament on 22 October 2013 and by the European Council on 15 November 2013. It was published on 10th December 2013 in the Official Journal of the European Union and on the 30th of December 2013 the new “European Regulation on Ship Recycling” (the ER) entered into force.The outcome of the European initiative and negotiations is that the ER is very similar to the Hong Kong Convention (hereafter, the HKC), encompassing most of its mechanisms, and, with one potential exception, containing no contradictory provisions that could create an impediment to the prospects of the HKC’s entry into force. In fact, it is very possible that the ER could significantly accelerate the date when the HKC becomes the global standard for regulating the recycling of ships. The original text proposed by the European Commission had numerous problematic provisions, probably proposed without a full appreciation of the commercial realities of international shipping. Also, some key policies of the European Parliament were based on a naïve understanding of the recycling industry and appeared to have been pursued without regard to their consequences to the shipping industry, to the recycling industries, to the prospects of the HKC, and even to the enforceability of the ER. Knowledgeable and focused technocrats from the Cypriot and the Irish Presidencies negotiated a final text that is workable and supportive of the HKC, having overruled most of the unworkable and counterproductive proposals. The result of the lengthy and complex negotiations produced text that is difficult to read, with frequent and convoluted cross-references. Admittedly, this is a small price to pay for having been spared an unworkable piece of legislation.* This article will appear in BIMCO’s Bulletin No. 6/2013ScopeThe types and sizes of ships that come under the scope of the ER are the same as under the HKC, except the ER being restricted to European Union flag ships, with an additional requirement for ships of other flags visiting EU ports to be provided with an inventory of hazardous materials (IHM).Control of hazardous materials and IHMsWith regard to the control of certain hazardous materials and the need to compile and carry on board a ship-specific IHM, the ER is structured in the same way as the HKC, requiring the three-part IHM to be compiled taking into account the guidelines of the HKC. Like the HKC, the ER now differentiates between existing ships and newbuildings, with existing ships having to identify “at least” those materials on board that are listed in ER’s Annex I, while newbuildings are being prohibited to be fitted with materials listed in Annex I and also being required to identify (location and approximate quantities) materials listed in ER’s Annex II.One important difference between the ER and the HKC, is in the inclusion of one extra hazardous material, which is already banned in European Union law, in Annex I of the ER (Perfluorooctane sulfonic acid and its derivatives, or PFOS, the main application on board ships being in some fire fighting foams), and another one in Annex II (Brominated flame retardant, or HBCDD, the main application on board ships being in expanded polystyrene used for cryogenic insulation, such as for liquefied gas tanks but also for refrigerator areas). A relevant footnote in Annex I to the ER states that PFOS “is not applicable to ships flying the flag of a third country”, while the HBCDD, being a material of Annex II, strictly speaking need only be included in IHMs of newbuildings, plus in any retrofits involving changes to structure and equipment of existing ships. As the ER treats all ships flying the flag of a third country as existing ships, regardless of their date of built (see ER’s Article 12(1), referring to Art. 5(2)), it follows that inclusion of information on the HBCDD will not be required of IHMs of non-EU flagged ships, unless HBCDD has been installed during a retrofit. Conversely, IHMs compiled for EU flagged ships after the date of application of the ER will fully satisfy the requirements of the HKC.Note that good descriptions of the properties and typical uses of PFOS and of HBCDD can be found in a Norwegian submission to IMO in 2008 (document MEPC 57/3/19) proposing their inclusion as controlled hazardous materials under Appendices 1 and 2 respectively of the HKC. The Norwegian submission was rejected by IMO at that time.Requirements for shipownersThe scopes of three mandatory and one voluntary surveys and the maximum interval between renewal surveys in the ER are the same as in the HKC.The ER maintains the spirit and the letter of the HKC in its requirements for port State control, and for what are, and importantly for what are not detainable deficiencies. Worth noting that failure of ships flying the flag of a third country to have on board a statement of compliance together with an IHM when calling at a port or anchorage of an EU State is to be enforced through a warning, dismissal, detention, or exclusion (Art. 12(5)).Shipowners of EU flagged ships will have to ensure that ships destined for recycling are only recycled in facilities that are approved (and included in the “European List”, see below). These ships will have to hold a Ready-for-Recycling Certificate issued after the receipt of an explicitly or tacitly approved Ship Recycling Plan by the competent authorities of the recycling State, i.e. the same as with HKC.The ER requires tankers to arrive at the recycling facility with cargo tanks and pump rooms ready for certification for safe-for-hot work, whereas HKC requires that they are safe-for-entry, or safe-for-hot work, according to the domestic requirements of the recycling State. Furthermore, the ER states that the recycling facility may decline to accept a ship for recycling if its condition does not correspond substantially with the particulars of the IHM. It is difficult to see how (or whether) such a provision could be enforced in practice.It is worth noting that both the ER and the HKC simply define the Cash Buyer as a shipowner. In doing so, the regulators avoided to specify distinct responsibilities for the operating shipowner and for the Cash Buyer. Had the legislation tried to address separately their obligations, this would have either resulted into impractically complex regulations, or into inflexible and restrictive arrangements. Nevertheless, the consequence of merging and not separating the roles of the operating shipowner and the Cash Buyer is that the sale process is not defined in the regulation. The author discusses this issue in a separate article.Requirements for Recycling FacilitiesRecycling Facilities authorised to recycle ships under the scope of the ER will be expected to produce a ship-specific Ship Recycling Plan on the basis of information provided by the shipowner (IHM, ship’s plans and manuals), taking into account the guidelines of the HKC. Recycling Facilities will also be required to produce and operate in accordance to a Ship Recycling Facility Plan that is developed taking into account the relevant guidelines of the HKC.To be authorised, recycling facilities will have to comply with the provisions of the HKC and also with the following three additional requirements (Art. 13): (1) “operate from build structures”; (2) demonstrate “the control of any leakage, in particular in intertidal zones”; and (3) ensure “the handling of hazardous materials, and of waste generated during the ship recycling process, only on impermeable floors with effective drainage systems”.These three requirements are products of the negotiations between the European Council and the Parliament. A key policy of the Parliament was to achieve an outright ban to beaching. The Council succeeded in deleting many of the demands made by the Parliament’s Green Party Rapporteur, including all direct references to banning beaching. The second and third of the above three provisions prescribe requirements that will have to be met regardless of the recycling method used, while the first requirement for operating “from build structures” is imprecise and ambiguous and is a compromise devised to accommodate political sensitivities in the negotiations. Since the conclusion of the negotiations, the Rapporteur of the Parliament has chosen to treat the outcome as confirmation of a ban to beaching. He issued in July 2013 a celebratory press release, stating: “These standards effectively mean the end of beaching where ships are simply taken apart on a beach, with scant regard for human health or the environment. …. The new law will make it compulsory for ships to be recycled from built structures only and in such a way that all hazardous materials are fully contained. As this is impossible on a beach, the practice ofbeaching is de facto forbidden”. More recently, on the occasion of the formal adoption of the ER by the Parliament on 22/10/2013, a further press release stressed that: “Plans agreed with EU ministers to end the scrapping of old EU-registered ships on third-country beaches …”, and also: “During the negotiations, Parliament strengthened the proposed requirements, inter alia by obliging ship-recycling businesses to operate in built structures …”.Reportedly, the European Council seems to have understood that it would be an absolute blunder to exclude the South Asian ship recycling market from the ER and from the options available to European shipowners. Moreover, ship recycling experts are very clear that there is no contradiction between good quality beaching, safety and protection of the environment. Apparently, it was for these reasons that the Council refused to agree to ban beaching. Such a ban would lead to a new massive evasion of the ER by owners, and probably to a total disinterest by South Asian countries to consider acceding to the HKC, thus torpedoing its prospects of entry into force. Ironically, the ban for which the Greens are fighting, would only serve the commercial interests of sub-standard recyclers and of the Shipbreaking Platform, who, in this way, will continue to have something to do.The European Commission will implement the ER and will be required to put to practice its requirements. The ER provides the option to the Commission to issue technical guidance notes so as to facilitate the certification of recycling facilities (Art. 15(4)). The Commission is expected to develop such guidance in 2014 and in so doing to interpret the meaning of “from build structures”.The ER, like the HKC, requires the recycling facility to formally report its readiness for the commencement and also the completion of recycling of each ship under ER’s scope. Interestingly, whereas the HKC requires the facility to report to its competent authority, ER requires the facility to report to the administration of the flag State, as Europe has no jurisdiction over competent authorities of recycling States outside the European Union.There is one further important, but understandable, difference between ER and the HKC. Whereas according to the HKC the authorisation of recycling facilities is a matter for the competent authorities of the recycling State, the ER could not expect the authorities in countries outside the European Union to enforce the ER, and for this reason it has developed the new mechanism of the “European List of ship recycling facilities”.Facilities located in a European Member State will be authorised by the competent authorities of that Member State who will then notify the Commission of the facilities that it has authorised. The Commission will then include these facilities in the European List that will establish and publish in the Official Journal and on its website no later than 36 months after the ER’s entry into force. On the other hand, facilities located in third countries will have to apply individually to the Commission for their inclusion in the European List. Together with their application, they will provide evidence showing that they meet the requirements of the ER. The compliance of individual facilities “shall be certified following a site inspection by an independent verifier with appropriate qualifications”. Furthermore, the facilities will have to “accept the possibility of being subject to a site inspection by the Commission or agents acting on its behalf”. The renewal of the certification and inclusion in the European List will take place every five years, subject to a mid-term review confirming compliance (Art. 15(4)).Penalties and the amendment of Regulation on Shipments of WasteThe ER requires Member States to make provisions in their law for effective, proportionate and dissuasive penalties for infringements (Art. 22). Interestingly, the ER requires that the Commission shall assess and report by 31 December 2014 which infringements of the ER should be brought under the scope of Directive 2008/99/EC (on the Protection of the Environment through Criminal Law), requiring Member States to impose criminal penalties for serious breaches of EU environmental legislation (Art. 30(1)). The intention of the assessment is to achieve equivalence between the ER and Regulation 1013/2006 (on Shipments of Waste), i.e. the EU implementation of the Basel Convention and the Ban Amendment. It is thought that this is meant to bring a balance following the exclusion of ships from the scope of the European Regulation on Shipments of Waste (Art. 27).Request for actionNatural or legal persons “affected, or likely to be affected, or having sufficient interest in environmental decision making” can request the Commission to take action with respect to a breach, or imminent threat of a breach, of the requirements for including recycling facilities located in third countries in the European List. The Commission shall receive and consider any such requests, information and data. It shall give the recycling facility the opportunity to respond, and it shall inform those alleging a breach whether it will accede or refuse the request for action, and the reasons for it (Art. 23).Entry into force and date of applicationUnlike the HKC, ER makes a distinction between the date of its entry into force and the date of its application.The ER entered into force on 30th December 2013, twenty days after its publication in the Official Journal of the European Union(Art. 31).“Date of application” is the date after which ships under the scope of the ER will start having to have an IHM, to be surveyed, to be certificated, and to be recycled in line with the requirements of the ER. The ER shall apply (Art. 32) from the earlier of the following two dates, but not earlier than 2 years after entry into force:(a) 6 months after the date that the combined maximum annual ship recyclingcapacity of the ship recycling facilities included in the European Listconstitutes not less than 2.5 million LDT†; or(b) 5 years after entry into force.It follows that the earliest ER can apply is 2 years after its entry into force, and the latest is 5 years after entry into force.Some provisions of the ER shall apply from different dates:One (1) year after entry into force the following will apply (Art. 32 (2)(a)): •the establishment of the European List (Art. 16);†Note on the required capacity of 2.5m LDT: Turkey’s 21 yards currently have a combined capacity of 930,000 LDT. Four or five big yards in China could provide the remainder.•the requirements for ship recycling facilities, so that facilities can apply to be included in the European List (Art. 13);•authorisation of ship recycling facilities located in a Member State (Art. 14);•inclusion in the European List of ship recycling facilities located in a third country (Art. 15);•once the European List is published (at the latest 3 years after entry into force, but quite possibly earlier), ships going for recycling will need to have an Inventory of Hazardous Materials (but will not need to be recycled in line withER before the date of application) (Art. 5(2), 2nd subparagraph); and •Member States may authorise prior to the date of application of the ER the recycling of ships in facilities included in the European List, in which case theEuropean Regulation on Shipments of Waste shall not apply (Art. 26).Three (3) years after entry into force, the Commission shall submit to the European Parliament and Council a report on the feasibility of a financial instrument to facilitate safe and sound ship recycling, and if appropriate shall accompany it by a legislative proposal (Art. 29).For the following matters the date of application will be seven (7) years after entryinto force (Art. 32 (2)(b)):•(all) existing ships shall comply with requirement for the IHM (Art. 5(2), 1st and 3rd subparagraph); and•ships flying the flag of a third country will be required to have an IHM when calling at a port or anchorage of the European Union (Art. 12).__________。