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Law No. 193 Of 15 June 1937 Concerning The Ratification Of International Convention On Load Lines Of Commercial Vessels At Sea, Done At London On 5 July 1930)

Original Language Title:  LEGE nr. 193 din 15 iunie 1937 privind ratificarea Convenţiei internaţionale asupra liniilor de încărcare a vaselor comerciale pe mare, încheiată la Londra la 5 iulie 1930*)

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LEGE no. 193 193 of 15 June 1937 on the ratification of the International Convention on the Load Lines of Commercial Vessels at Sea, concluded in London on 5 July 1930 *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 134 134 of 15 June 1937



___________ Note *) This Law together with the adjoining Convention and annexes were voted by the Senate at its meeting on December 9, 1936 and the Assembly of Deputies at its meeting on February 20, 1937; it was promulgated by Royal Decree No. Official no. 134 of 15 June 1937. See in connection the Maritime Assistance and Rescue Convention of 17 January 1913 and the Convention for the Rescue of Life at Sea in November 1936; 686 686 vol. XXIV, p. II. + Article UNIC The government is authorized to ratify and approve to execute through the General Inspectorate of Navigation and Ports of the Ministry of Public Works and Communications. The International Convention on Load Lines in London on July 5, 1930 and at which the Romanian State acceded on January 1, 1933. On the basis of this law, the General Inspectorate of Navigation and Ports will develop instructions for details, how the provisions of this convention will apply. Copy and translation after the said convention joins to the present law. International Convention on load lines, concluded in London on 5 July 1930 + Chapter 1 Preliminaries General obligations of the Convention 1. In order for the charging lines prescribed by this Convention to be observed, the Contracting Governments undertake to apply the provisions of this Convention, to edit all regulations and to take all other measures that will find appropriate for her to produce her full effect. The provisions of this Convention are supplemented by a Regulation, contained in Annex I, which has the same value and shall enter into force with this Convention. All references to this Convention involve simultaneous references to the annexed Regulation. Scope of the Convention 2.1. The provisions of this Convention shall apply to all vessels performing international voyages and belonging to a country whose government is a contracting government or territories to which the Convention applies, by virtue of the provisions of art. 21 21, except: a) Warships; vessels affected only by fishing, pleasure yachts and vessels carrying neither cargo nor passengers; b) Lower vessels as 150 gross tons. 2. Vasele will be able to be exempted from the prescriptions of this Convention by the Contracting Government Administration, on which they depend when a traffic will be affected in international travel between close ports of two or more countries, both while they will remain affected by this traffic and if the Governments of the countries where these ports are found recognize that, travel is carried out in sheltered parages and in conditions so that it is neither reasonable nor possible to apply to the said vessels prescriptions of this Convention. 3 3. All agreements and arrangements concerning loading lines or matters relating to and which are currently in force between the Contracting Governments, shall preserve their full effect during the duration of the said agreements and arrangements. as regards: a) The vessels to which this Convention does not apply; b) The vessels to which this Convention applies, but only for the points that have not been expressly provided for. To the extent that such agreements or arrangements are in opposition to the provisions of this Convention, its provisions must prevail. Subject to such agreements or arrangements: a) All vessels to which this Convention does not apply; b) All matters not subject to the prescriptions set out in this Convention; They will remain subject to the legislation of each Contracting Government to the same extent as if the present Convention had not intervened. Definitions 3. In the present Convention, apart from express indications to the contrary: a) A vessel is considered as belonging to a country, if it is registered by the Government of that country; b) The expression "Administration" means the Government of which the vessel belongs; c) An "international journey" is a journey carried out between a country to which the present Convention applies and a port located outside this country or vice versa, and for this purpose any colony, territory overseas, protectorate or territory put under Suzerainty or mandate, is considered as a distinct country; d) "Rules" shall mean the Rules contained in Annexes I, II and III; e) A "new vessel" is a vessel whose keel has been laid to the territory of overseas, protectorate or territory put under suzerainty or mandate, it is considered as a distinct country; f) The "steam" pressure includes all the vessels moved by a machine. Case of "force majeure" 4. If at the time of his departure for some travel, a vessel is not subject to the prescriptions of this Convention, he will not be able to be constrained during his journey when he would have deviated from his way, either because of bad time or from any another cause of "force majeure". In the application of the prescriptions of this Convention, the Administration will take into account any deviation from the road or the delay occasioned to all vessels, either due to bad time or any other cause of force majeure. + Chapter 2 Loading lines; visits and application of trademarks General provisions 5. No vessel to which the present Convention applies will be able to take the sea for an international trip, after the date of entry into force of the Convention, outside only: A. In case of a new vessel: a) If it has been visited according to the conditions prescribed in Annex I of this Convention; b) If it satisfies the conditions of Part II of Annex II, and c) If it has been marked in accordance with the provisions of this Convention. B. In case of an existing vessel: a) If it has been visited and marked (either before or after the entry into force of this Convention), in accordance with the prescribed conditions, either in paragraph A of this Article or with one of the Regulations for the marking of loading lines, specified in Annex IV; b) If it has satisfied in principle and also in detail, as much as will be reasonable and possible the prescriptions of the 2nd Part of Annex I, taking into account the effectiveness (1S) of opening protection, (2S) railings, (3S) of unloading and (4S) of the means of access to the crew dwelling resulting from the arrangements, installations and dispositions existing on board the vessel. Provisions for steam vessels, loading wood on deck 6.1. A steam vessel that has been visited and marked, in accordance with the provisions of art. 5, will be able to be visited and receive the marks, provided for the vessels that load wood on the deck, in accordance with Part 5 of Annex I; B. In the case of an existing vessel, if it satisfies the conditions and prescriptions contained in Part 5 of Annex I, except for the LXXX Rule and also in principle as long as it will be reasonable and possible, the conditions and prescriptions provided for in The LXXX rule, well understood if in marking an existing vessel with a loading line for wood on the deck, the Administration will ask for such a franc-board magnification that will be reasonable, taking into account the extent to which this vessel does not entirely satisfy the conditions and prescriptions contained in the LXXX Rule. 2. When a steam vessel will use the loading line for loading wood on the deck, it will have to satisfy the provisions of the Rules LXXXIV, LXXXV, LXXXVI, LXXXVIII and LXXXIX. Provisions for tank vessels 7. A vessel that has been visited in accordance with the prescriptions of Article 5, will be able to be visited and receive the marks for the tanks, according to the provisions of the 6th Part of Annex I: a) In the case of a new vessel, if it satisfies the conditions and prescriptions contained in Part 6 of Annex I; b) In the case of an existing vessel, if it satisfies the conditions and prescriptions contained in the XCIII Rules, XCVI, XCVII, XCVIII and also in principle as much as will be reasonable and possible to the conditions and prescriptions provided by the XCIV Rules, XCV and C, being understood as marking to an existing vessel of a loading line for a tank vessel, the Administration will ask for such a franc-board magnification, which will be reasonable and taking into account the extent to which this vessel does not entirely satisfy the conditions and prescriptions contained in the XCIV, XCV and C Rules. Provisions for special types of vessels 8. It will be possible to grant a reduction of franc-board vessels having a length of more than 81,50 meters, which possesses similar construction characteristics with that of the tank vessels, ensuring them an additional defense against the sea. The value of this reduction will be determined by the Administration, which will take into account in this case how the franc is calculated-board the tank vessels, as well as the marking conditions that are imposed on them and the degree of compartmentalization achieved. The franc-board that will be marked to such a vessel will in no case have to be lower than that which would be attributed to the vessel if it had been considered as a tank vessel. Visits 9. The visit and application of the vessels of the vessels for the application of this Convention shall be made by the officials of the country to whom the vessel belongs, being understood that the Government of each country may confuse the visit and application of its vessels the inspectors appointed for that purpose or to the organs recognised by him. In all cases, the Government concerned guarantees that the visit and the application of the marks were complete and effective. Periodic zones and regions 10. A vessel to which this Convention applies, will have to comply with the conditions that are applicable to periodic zones and regions, as defined in Annex II of this Convention. When a port is found on the demarcation line of two areas, it will be considered as located, either in the area on which the vessel crossed for the entrance to the port or in the area it must cross after its departure. + Chapter 3 Certificates Issuing certificates 11. A certificate called "International Franc-Bord Certificate" shall be issued to any vessel provided that it has been visited and marked in accordance with the prescriptions of this Convention. The international certificate of franc-board will be issued either by the Government to which the vessel belongs, or by any persons or organs recognized by this Government and in all cases the Government will assume the responsibility of the certificate. Issuance of a certificate by another Government 12. The Government of a country to which the present Convention applies, may, at the request of the Government of another country to which this Convention applies, to visit and apply the marks of all vessels belonging to the latter country or (in the case of a vessel unregistered), which must be registered by the Government of this country and if it has found that the conditions of this Convention are satisfied, it can issue, under its own responsibility, an international certificate of franc-board. All certificates thus issued must have a declaration establishing that he has been issued at the request of the Government to which the vessel belongs or by the Government of which the vessel must be registered, as the case may be. This certificate will have the same value and will be accepted with the same title as that which would have been issued according to art. 11 of the present Convention. Certificate form 13. International Franco-board certificates shall be drawn up in the official language or languages of the country of which it was issued. The certificates will be in accordance with the model set out in Annex III, subject to the changes that may be made, taking into account the LXXVIII Rule in the case of vessels carrying wood-loading on the deck. Duration of validity of certificates 4.1. Unless it is renewed in accordance with the provisions of paragraph 2 of this Article, an international certificate of franc-board shall remain valid for the period to be mentioned by the Administration which issued it, without however this period may be five years from the date of its release. 2. Following a visit, any international franc-board certificate will be able to be periodically renewed by the Administration that has issued it for a duration it will judge convenient, but which will not pass in any case of five years. This visit shall not be less effective than those provided for by this Convention, for the initial issue of the certificate. The words of each of these renewals shall be entered in the back of the certificate. 3. The international franc-board certificate will be cancelled by the Administration that issued it to a vessel that depends on this Administration. A. If changes of some importance affecting the calculation of the franc-brothel were brought to the body and superstructures of the vessel. B. If the installations and devices for: (i) protection of openings; (ii) railings; (iii) discharge overflows; (iiii) means of access to the crew dwelling, have not been maintained in such effective conditions as they were at issue certificate. C. When the vessel has not been periodically visited at the ages and in the conditions fixed by the Administration, in order to ensure that throughout the validity of the certificate, the body and the superstructures concerned in clause A, have not been amended and that the installations and The devices covered by clause B. are kept in condition. Accepting certificates 15. Each Contracting Government will recognize international certificates of franc-board issued by the other Contracting Governments or under their authority, the same value as certificates issued by him to his national vessels. Control 16.1. Any vessel to which the present Convention applies, when it is found in a port of a country to which it does not belong, will in any case also be in terms of loading lines, subject to the following control: an official authorized by the Government of the suszisei countries will be able to take the measures that may be necessary in order to ascertain that there is a valid international franc-board certificate on board. If such a certificate exists on board, the control will consist only of checking: a) If the vessel is not loaded more than the limits permitted by the certificate; b) That the position of the loading lines on the vessel corresponds to the indications in the certificate, and c) As with regard to the points concerned in clauses A and B, of paragraph 3, Article 14, the vessel has not undergone changes of importance so that it is not able to take the sea without danger to human life. 2 2. Only officials who possess the necessary technical competence will be authorized to exercise the control elicited and if this control is exercised by virtue of paragraph c) above, it shall be done only to the extent necessary, to ensure that the vessel will be able to take the sea without danger to human life. 3. If the control exercised by virtue of this article, will appear to have the consequence, either to attract legal consequences against the vessel, or to prohibit his departure, the consul of the country to which he belongs, will have to be informed as soon as possible Urgent of the circumstances. Benefit Of The Convention 17. The benefit of this Convention cannot be claimed in favour of a vessel, unless it possesses a certificate of unpermitted franc-board. + Chapter 4 General provisions Equivalence 18 18. When in the present Convention it is provided that it must be placed or have on board either an installation or a device, or some type of installation or device, or when it is provided that a particular provision must be adopted, any Administration may accept, replacing, either any other installation or device, or some type of installation or device, or any other provision, with the condition that this Administration has ensured that, either the installation or the device, either the type of installation or the device, or the substitute provision, has in the case of a efficacy at least equal to that which is prescribed in this Convention. Any Administration that accepts in these conditions either an installation or a new device, or a new type of installation or device, or a new provision, must inform the other Administrations and communicate them upon request, the detail description. Laws, Regulations, Reports 19. Contracting Governments shall undertake to communicate: 1. The texts of laws, decrees, regulations and general application decisions that have been promulgated or taken on the various matters falling within the scope of this Convention. 2. All reports or summaries of official relations at their disposal to the extent that these documents indicate the results of the application of this Convention, subject to such reports or summaries not having a confidential nature. The Government of the United Kingdom of Great Britain and Northern Ireland is invited to serve as an intermediary, to collect all these informations and bring them to the attention of the other Contracting Governments. Modifications. Future conferences 20.1. Amendments to this Convention which could be considered as useful or necessary improvements may be as proposed by the Contracting Government, the Government of the United Kingdom of Great Britain and Northern Ireland. These provisions must be communicated by the latter to all other Contracting Governments. If any of these changes are accepted by all the Contracting Governments (including the governments that have deposited ratification or adhesions and which have not yet become effective) the present Convention will be amended accordingly. 2. Conferences having the purpose of revising the present Convention, shall be held on the dates and places at which the Contracting Governments will be able to agree. When the present Convention had been in force for five years, a Conference aiming for its review, it would have to be convened by the Government of the United Kingdom of Great Britain and Northern Ireland, if a third of the Contracting Governments express Desire. + Chapter 5 Final provisions Applications of colonies 21.1. A Contracting Government may, at the time of signature of ratification or adhesion or subsequently notify by a written statement to the Government of the United Kingdom of Great Britain and Northern Ireland, its intention to apply this Convention. to all its colonies, overseas territories, protectorates or territories under suzerainty or under mandate or to some of them. The Present Convention shall apply in all territories designated in this declaration two months after the date on which it was received; without such amendment, the present Convention shall not apply to any of these territories. 2. A Contracting Government may, at any time and by written declaration to the Government of the United Kingdom of Great Britain and Northern Ireland, notify its intention to make the application of this Convention cease in all colonies. its, overseas territories, protectorates or territories, under suzerainty or mandate, or to some of them, to which the present Convention would have been applied during a period of five years at least, according to the provisions of the paragraph Precedent. In this case, the present Convention will cease to apply in all territories mentioned twelve months after the date of receipt of this declaration by the Government of the United Kingdom of Great Britain and Northern Ireland. 3. The Government of the United Kingdom of Great Britain and Northern Ireland shall inform all other Contracting Governments of the application of this Convention, in all colonies, overseas territories, protectorates or territories under suzerainty or under mandate, according to the provisions of paragraph. 1 of this article, as well as the termination of this application, according to the provisions of paragraph 2 of this Article, specifying in each case, the date when the present Convention will be applied. Authentic texts. Ratification 22. The present Convention of which texts in English and in French are and one and another authentic, must be ratified. The acts of ratification must be filed in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which will notify all other signatory or adherent Governments of all the deposited ratifies as well as the date of their submission. Adhesion 23. An unsigned Government of this Convention, other than the Government of a territory to which Article 21 applies, will be able to any era accede to the present Convention, after its implementation. The adhesions will be carried out through written notifications to the United Government of Great Britain and Northern Ireland and they will be established three months after the date of their receipt. The UK Government of Great Britain and Northern Ireland will inform all signatory or adherent Governments of all adhesions received and the date of their receipt. Date of entry into force 24. The present Convention will enter into force on July 1, 1932, between the Governments that on this date would have deposited their ratification and with the condition that at least five ratification had been submitted to the Government of the United Kingdom of Great Britain and Ireland North. If five ratifies had not been filed on this date, the present Convention will enter into force three months after the date on which the fifth ratification would have been filed. The ratification submitted after the date on which the present Convention would have entered into force, will be established three months after the date of their submission. Denunciation 25. The present Convention may at any time be denounced by some of the Contracting Governments, after the expiration of a period of five years, counted from the date on which the Convention entered into force for the government in question. The denunciation will be made by written notice, addressed to the Government of the United Kingdom of Great Britain and Northern Ireland; it will notify all other Contracting Governments of all the denunciations received and the date of their receipt. A denunciation will come into being twelve months after the date on which the notification would have been received by the UK Government of Great Britain and Northern Ireland. Right which plenipotentiaries have put down their signatures below. Done in London, on the fifth day of July 1930, in a single copy that must be filed in the Archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which must send certified copies to all the signatory Governments. -----------