International Convention For The Prevention Of Pollution Of The Sea By Oil, 1954 ( as amended in 1969)

Introduction

THE GOVERNMENTS represented at the International Conference on Pollution of the Sea by Oil held in London from 26 April 1954 to 12 May 1954,

DESIRING to take action by common agreement to prevent pollution of the sea by oil discharged from ships, and considering that this end may best be achieved by the conclusion of a Convention,

HAVE ACCORDINGLY appointed the undersigned plenipotentiaries, who, having communicated their full powers, found in good and due form,

HAVE AGREED as follows:

Article 1

1. For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them that is to say:

'The Bureau' has the meaning assigned to it by Article XXI;

'Discharge' in relation to oil or to oily mixture means any discharge or escape howsoever caused;

'Heavy diesel oil' means diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340 deg C when tested by A.S.T.M. Standard Method D.86/59;

'Instantaneous rate of discharge of oil content' means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant;

'Mile' means a nautical mile of 6,080 feet or 1,852 metres;

'Nearest land'. The term 'from the nearest land' means 'from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958';

'Oil' means crude oil, fuel oil, heavy diesel oil and lubricating oil, and 'oily' shall be construed accordingly;

'Oily mixture' means a mixture with any oil content;

'Organization' means the Inter-Governmental Maritime Consultative Organization;

'Ship' means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and 'tanker' means a ship
in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of the cargo space.

2. For the purposes of the present Convention the territories of a Contracting Government means the territory of the country of which it is the Government and any other territory for the
international relations of which it is responsible and to which the Convention shall have been extended under Article XVIII.

Article 2

1. The present Convention shall apply to ships registered in any of the territories of a Contracting Government and to unregistered ships having the nationality of a Contracting Party, except:
a) tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage, provided that each Contracting Government will take the necessary steps, so far as is
reasonable and practicable, to apply the requirements of the Convention to such ships also, having regard to their size, service and the type of fuel used for their propulsion;
b) ships for the time being engaged in the whaling industry when actually employed on whaling operations;
c) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock at Montreal in the Province of Quebec, Canada;
d) naval ships and ships for the time being used as naval auxiliaries.

2. Each Contracting Government undertakes to adopt appropriate measures ensuring that requirements equivalent to those of the present Convention are, so far as is reasonable and practicable, applied to the ships referred to in subparagraph (d) of paragraph (1) of this Article.

Article 3

Subject to the provisions of Articles IV and V:
a) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be prohibited except when the following conditions are all satisfied:
(i) the ship is proceeding en route;
(ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the oil content of the discharge is less than 100 parts per 1,000,000 parts of the mixture.
(iv) the discharge is made as far as practicable from land;
b) the discharge from a tanker to which the present Convention applies of oil or oily mixture shall be prohibited except when the following conditions are all satisfied:
(i) the tanker is proceeding en route;
(ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the total quantity of oil discharged on a ballast voyage does not exceed 1/15,000 of the total cargo-carrying capacity;
(iv) the tanker is more than 50 miles from the nearest land;
c) the provisions of sub-paragraph (b) of this Article shall not apply to:
(i) the discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any effluent therefrom, if it were discharged from a stationary tanker into clean calm water on a clear day, would produce no visible traces of oil on the surface of the water; or
(ii) the discharge of oil or oily mixture from machinery space bilges, which shall be governed by the provisions of sub-paragraph (a) of this Article.

Article 4

Article III shall not apply to:

a) the discharge of oil or of oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea;

b) the escape of oil or of oily mixture resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape.

Article 5

Article III shall not apply to the discharge of oily mixture from the bilges of a ship during the period of twelve months following the date on which the present Convention comes into force for the relevant territory in accordance with paragraph (1) of Article II.

Article 6

1. Any contravention of Articles III and IX shall be an offence punishable under the law of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II.

2. The penalties which may be imposed under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or oily mixture outside the territorial sea of that territory shall be adequate in severity to discourage any such unlawful discharge and shall not be less than the penalties which may be imposed under the law of that territory in respect of the same infringements within the territorial sea.

3. Each Contracting Government shall report to the Organization the penalties actually imposed for each infringement.

Article 7

1. As from a date twelve months after the present Convention comes into force for the relevant territory in respect of a ship in accordance with paragraph (1) of Article II, such a
ship shall be required to be so fitted as to prevent, as far as reasonable and practicable, the escape of oil into bilges, unless effective means are provided to ensure that the oil in
the bilges is not discharged in contravention of this Convention.

2. Carrying water ballast in oil fuel tanks shall be avoided if possible.

Article 8

1. Each Contracting Government shall take all appropriate steps to promote the provision of facilities as follows:
a) according to the needs of ships using them, ports shall be provided with facilities adequate for the reception, without causing undue delay to ships of such residues and oily mixtures as would remain for disposal from ships other than tankers if the bulk of the water had been separated from the mixture;
b) oil loading terminals shall be provided with facilities, adequate for the reception of such residues and oily mixture as would similarly remain for disposal by tankers;
c) ship repair ports shall be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by all ships entering for repairs.

2. Each Contracting Government shall determine which are the ports and oil loading terminals in its territories suitable for the purposes of sub-paragraphs (a), (b) and (c) of paragraph (1) of this Article.

3. As regards paragraph (1) of this Article, each Contracting Government shall report to the Organization, for transmission to the Contracting Government concerned, all cases where the facilities are alleged to be inadequate.

Article 9

1. Of the ships to which the present Convention applies, every ship which uses oil fuel and every tanker shall be provided with an oil record book, whether as part of the ship's official log book or otherwise, in the form specified in the Annex to this Convention.

2. The oil record book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship:

a) for tankers:
(i) loading of oil cargo;
(ii) transfer of oil cargo during voyage;
(iii) discharge of oil cargo;
(iv) ballasting of cargo tanks;
(v) cleaning of cargo tanks;
(vi) discharge of dirty ballast;
(vii) discharge of water from slop-tanks;
(viii) disposal of residues;
(ix) discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate log book;

b) for ships other than tankers:
(i) ballasting or cleaning of bunker fuel tanks;
(ii) discharge of dirty ballast or cleaning water from tanks referred to under (i) of this subparagraph;
(iii) disposal of residues;
(iv) discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate log book.

In the event of such discharge or escape of oil or oily mixture as is referred to in Article IV, a statement shall be made in the oil record book of the circumstances of, and the reason for, the discharge or escape.

3. Each operation described in paragraph (2) of this Article shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. The written entries in the oil record book shall be in an official language of the relevant territory in respect of
the ship in accordance with paragraph (1) of Article II, or in English or French.

4. Oil record books shall be kept in such a place as to be readily available for inspection at all reasonable times, and, except in the case of unmanned ships under tow, shall be kept on board the ship. They shall be preserved for a period of two years after the last entry has been made.

5. The competent authorities of any of the territories of a Contracting Government may inspect on board any ship to which the present Convention applies, while within a port in that territory, the oil record book required to be carried in the ship in compliance with the provisions of this Article, and may make a true copy of an entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been
certified by the master of the ship as a true copy of an entry in the ship's oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.

Article 10

1. Any Contracting Government may furnish to the Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II particulars in writing of evidence that any provision of the present Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.

2. Upon receiving such particulars, the Government so informed shall investigate the matter, and may request the other Government to furnish further or better particulars of the alleged contravention. If the Government so informed is satisfied that sufficient evidence is available in the form required by its law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible. The Government shall promptly inform the Government whose official has reported the alleged contravention, as well as the Organization, of the action taken as a consequence of the information communicated.

Article 11

Nothing in the present Convention shall be construed as derogating from the powers of any Contracting Government to take measures within its jurisdiction in respect of any matter to which the Convention relates or as extending the jurisdiction of any Contracting Government.

Article 12

Each Contracting Government shall send to the Bureau and to the appropriate organ of the United Nations:

a) the text of laws, decrees, orders and regulations in force in its territories which give effect to the present Convention;

b) all official reports or summarises of official reports in so far as they show the results of the application of the provisions of the Convention, provided always that such reports or summaries are not, in the opinion of that Government, of a confidential nature.

Article 13

Any dispute between Contracting Governments relating to the interpretation or application of the present Convention which cannot be settled by negotiation shall be referred at the request of either party to the International Court of Justice for decision unless the parties in dispute agree to submit it to arbitration.

Article 14

1. The present Convention shall remain open for signature for three months from this day's date and shall thereafter remain open for acceptance.

2. Subject to Article XV, the Governments of States Members of the United Nations or of any of the Specialized Agencies or parties to the Statute of the International Court of Justice may become parties to the present Convention by:
a) signature without reservation as to acceptance;
b) signature subject to acceptance followed by acceptance; or
c) acceptance.

3. Acceptance shall be effected by the deposit of an instrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the present Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.

Article 15

1. The present Convention shall come into force twelve months after the date on which not less than ten Governments have become parties to the Convention, including five Governments of countries each with not less than 500,000 gross tons of tanker tonnage.

2. a) For each Government which signs the Convention without reservation as to acceptance or accepts the Convention before the date on which the Convention comes into force in accordance with paragraph (1) of this Article it shall come into force on that date. For each Government which accepts the Convention on or after that date, it shall come into force three months after the date of the deposit of that Government's acceptance.

b) The Bureau shall, as soon as possible, inform all Governments which have signed or accepted the Convention of the date on which it will come into force.

Article 16

1. a) The present Convention may be amended by unanimous agreement between the Contracting Governments.
b) Upon request of any Contracting Government a proposed amendment shall be communicated by the Organization to all Contracting Governments for consideration and acceptance under this paragraph.

2. a) An amendment to the present Convention may be proposed to the Organization at any time by any Contracting Government, and such proposal if adopted by a two-thirds majority of the Assembly of the Organization upon recommendation adopted by a two-thirds majority of the Maritime Safety Committee of the Organization shall be communicated by the Organization to all Contracting Governments for their acceptance.
b) Any such recommendation by the Maritime Safety Committee shall be communicated by the Organization to all Contracting Governments for their consideration at least six months before
it is considered by the Assembly.

3. a) A conference of Governments to consider amendments to the present Convention proposed by any Contracting Government shall at any time be convened by the Organization upon the request of one-third of the Contracting Governments.
b) Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their
acceptance.

4. Any amendment communicated to Contracting Governments for their acceptance under paragraph (2) or (3) of this Article shall come into force for all Contracting Governments except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.

5. The Assembly, by a two-thirds majority vote including two-thirds of the Governments represented on the Maritime Safety Committee, and subject to the concurrence of two-thirds of the Contracting Governments to the present Convention, or a conference convened under paragraph (3) of this Article by a two-thirds majority vote, may determine at the time of its adoption that the amendment is of such an important nature that any Contracting Government which makes a declaration under paragraph (4) of this Article and which does not accept the amendment within a period of twelve months after the amendment comes into force, shall, upon the expiry of this period, cease to be a party to the present Convention.

6. The Organization shall inform all Contracting Governments of any amendments which come into force under this Article,together with the date on which such amendments shall come into force.

7. Any acceptance or declaration under this Article shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.

Article 17

1. The present Convention may be denounced by any Contracting Government at any time after the expiration of a period of five years from the date on which the Convention comes into force for that Government.

2. Denunciation shall be effected by a notification in writing addressed to the Bureau which shall notify all the Contracting Governments of any denunciation received and of the date of its receipt.

3. A denunciation shall take effect twelve months, or such longer period as may be specified in the notification, after its receipt by the Bureau.

Article 18

1. a) The United Nations in cases where they are the administering authority for a territory or any Contracting Government responsible for the international relations of a territory shall as soon as possible consult with such territory in an endeavour to extend the present Convention to
that territory and may at any time by notification in writing given to the Bureau declare that the Convention shall extend to such territory.
b) The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therin.

2. a) The United Nations in cases where they are the administering authority for a territory or any Contracting Government which has made a declaration under paragraph (1) of this Article, at any time after the expiry of a period of five years from the date on which the present Convention has been so extended to any territory, may by a notification in writing given to the Bureau after consultation with such territory declare that the Convention shall cease to extend to any such
territory named in the notification.
b) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Bureau.

3. The Bureau shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph (1) of this Article, and of the termination of any
such extension under the provisions of paragraph (2) stating in each case the date from which the Convention has been or will cease to be so extended.

Article 19

1. In case of war or other hostilities, a Contracting Government which considers that it is affected. whether as a belligerent or as a neutral, may suspend the operation of the whole or any part of the present Convention in respect of all or any of its territories. The suspending Government shall immediately give notice of any such suspension to the Bureau.

2. The suspending Government may at any time terminate such suspension and shall in any event terminate it as soon as it ceases to be justified under paragraph (1) of this Article.
Notice of such termination shall be given immediately to the Bureau by the Government concerned.

3. The Bureau shall notify all the Contracting Governments of any suspension or termination of suspension under this Article.

Article 20

As soon as the present Convention comes into force it shall be registered by the Bureau with the Secretary-General of the United Nations.

Article 21

The duties of the Bureau shall be carried out by the Government of the United Kingdom of Great Britain and Northern Ireland* unless and until the Inter-Governmental Maritime Consultative Organization comes into being and takes over the duties assigned to it under the Convention signed at Geneva on the 6 March 1948, and thereafter the duties of the Bureau shall be carried out by the said Organization.