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Decree No. 2013-159 February 22, 2013, On The Publication Of Resolution Msc.240 Concerning The Adoption Of Amendments To The 1988 Protocol To The International Convention Of 1974 For The Safeguarding Of Human Life At Sea, Such As Mb...

Original Language Title: Décret n° 2013-159 du 22 février 2013 portant publication de la résolution MSC.240 relative à l'adoption d'amendements au protocole de 1988 relatif à la convention internationale de 1974 pour la sauvegarde de la vie humaine en mer, telle que mo...

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

BUSINESS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , MARITIME TRANSPORT , INTERNATIONAL MARITIME ORGANIZATION , IMO , INTERNATIONAL CONVENTION , SAUVEGARD OF THE VIE HUMAINE IN MER , SECURITY OF THE PERSON , SECOURIST , SECTORAGE ,


JORF n°0047 of 24 February 2013 page 3153
text No. 6



Decree No. 2013-159 of 22 February 2013 on the publication of Resolution MSC.240(83) on the adoption of amendments to the 1988 Protocol relating to the 1974 International Convention for the Protection of Human Life at Sea, as amended (as a whole annex), adopted in London on 12 October 2007 (1)

NOR: MAEJ1303268D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/2/22/MAEJ1303268D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2013/2/22/2013-159/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 58-905 of 27 September 1958 publishing the Convention on the Establishment of the Intergovernmental Consultative Organization for Maritime Navigation, signed at Geneva on 6 March 1948;
Vu le Decree No. 80-369 of 14 May 1980 publishing the 1974 International Convention for the Protection of Human Life at Sea (as a whole annex), made in London on 1 November 1974;
Vu le Decree No. 81-474 of 7 May 1981 publishing the 1978 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, done in London on 17 February 1978;
Vu le Decree No. 95-1264 of 27 November 1995 Publication of the 1988 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, made in London on 11 November 1988, signed by France on 23 January 1990,
Decrete:

Article 1


Resolution MSC.240(83) on the adoption of amendments to the 1988 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, as amended (as a whole an annex), adopted in London on 12 October 2007, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    R É S O L U T I O N MSC.240(83)


    RELATIVE À L'ADOPTION D'AMENDEMENTS AU PROTOCOLE DE 1988 RELATIF À LA CONVENTION INTERNATIONALE DE 1974 POUR LA SAUVEGARDE DE LA VIE HUMAINE en MER, TELLE QUE MODIFIÉE (ENSEMBLE UNE APPENDIX)
    THE COMMITTEE ON MARITIME SECURITY,
    RECALLING Article 28 (b) of the Convention establishing the International Maritime Organization, which deals with the functions of the Committee,
    OVERVIEW ARTICLE VIII (b) of the 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention) (hereinafter referred to as the "Convention") and Article VI of the 1988 Protocol to the Convention (hereinafter referred to as the "SOLAS Protocol of 1988"), which relate to the procedure for amending the 1988 SOLAS Protocol,
    EXAMINATE, at its eighty-third session, the amendments to the 1988 SOLAS Protocol that had been proposed and circulated in accordance with Article VIII (b) (i) of the Convention and Article VI of the 1988 SOLAS Protocol,
    1. ADOPTE, in accordance with Article VIII (b) (iv) of the Convention and Article VI of the 1988 SOLAS Protocol, the amendments to the Appendix to the 1988 SOLAS Protocol, the text of which is annexed to this resolution;
    2. DECIDE, in accordance with Article VIII (b) (vi) (2) (b) of the Convention and Article VI of the SOLAS Protocol of 1988, that these amendments will be deemed to have been accepted on 1 January 2009, unless, before that date, more than one third of the Parties to the SOLAS Protocol of 1988 or Parties whose merchant fleets represent a total of 50 per cent or more of the gross tonnage of the world fleet of trade vessels raised
    3. Invites interested parties to note that, in accordance with Article VIII (b) (vii)(2) of the Convention and Article VI of the 1988 SOLAS Protocol, the amendments will enter into force on 1 July 2009 when they have been accepted under the conditions set out in paragraph 2 above;
    4. RECOMMENDS interested parties to issue certificates in accordance with the amendments annexed to the first renewal visit to be carried out after 1 July 2009;
    5. Requests the Secretary-General, in accordance with Article VIII (b) (v) of the Convention and Article VI of the 1988 SOLAS Protocol, to provide certified copies of this resolution and the text of the amendments annexed to all Parties to the 1988 SOLAS Protocol;
    6. REQUESTS the Secretary-General to provide copies of this resolution and its annex to the Members of the Organization that are not Parties to the 1988 SOLAS Protocol.


    A N N E X E


    AMENDMENTS TO THE 1988 PROTOCOL RELATING TO THE 1974 INTERNATIONAL CONVENTION FOR THE SAUVEGARDE OF THE VIE HUMAINE IN MER, TELLE QUE MODIFIÉE


    Appendix


    Amendments and text to be added to the Appendix to the 1974 International Convention for the Protection of Human Life at Sea


    Passenger Vessel Safety Certificate Model


    1. After the current paragraph 2.9 of the section beginning with the words "THE IS CERTIFIED:", add new paragraphs 2.10 and 2.11 below:
    "2.10 that the vessel has been or has not been (1) the subject of other designs and devices under Rule II-2/17 of the Convention:
    2.11 that an approval document for another design or other fire protection device is/is not attached (1) to this Certificate.

    (1) Drain unnecessary mention. »



    2. In the table in paragraph 2.1.3 of the section beginning with the words "EST CERTIFIED:", replace the reference to Rule "II-1/13" with "II-1/18 (4)" and the words "C.1, C.2, C.3" with "P.1, P.2, P.3" and add the following footnote:

    « (4) In the case of vessels constructed before January 1, 2009, the applicable compartment mark "C.1, C.2 and C.3" should be used. »



    Safety Certificate Model
    for ship of charge


    3. After the current paragraph 4 of the section beginning with the words "THE IS CERTIFIED:", add the following new paragraphs 5 and 6:
    "5 that the vessel has been or has not been (4) the subject of other designs and devices pursuant to Rule II-2/17 of the Convention;
    6 that an approval document for another design or other fire protection device is/is not attached to this Certificate.

    (4) Drain unnecessary mention. »



    Material Safety Certificate Model
    armament for ship of charge


    4. After the current paragraph 2.6 of the section beginning with the words "EST CERTIFIED:", add new paragraphs 2.7 and 2.8 below:
    "2.7 that the vessel has been or has not been (4) the subject of other designs and devices pursuant to Rule II-2/17 of the Convention:
    2.8 that an approval document for another design or other fire protection device is/is not (4) attached to this Certificate.

    (4) Drain unnecessary mention. »



    Safety Certificate Model
    for cargo ship


    5. After the current paragraph 2.10 of the section beginning with the words "THE IS CERTIFIED:", add new paragraphs 2.11 and 2.12 below:
    "2.11 that the vessel has been or has not been (4) the subject of other designs and devices pursuant to Rule II-2/17 of the Convention;
    2.12 that an approval document for another design or other fire protection device is/is not (4) attached to this Certificate.

    (4) Drain unnecessary mention. »


Done on 22 February 2013.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

Minister of Foreign Affairs,

Laurent Fabius

(1) This Agreement entered into force on 1 July 2009.
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