Rs 0.814.289 International Convention Of 29 November 1969 On Intervention On The High Seas In Case Of An Accident Causing Or May Cause Pollution By Hydrocarbons (With Annex)

Original Language Title: RS 0.814.289 Convention internationale du 29 novembre 1969 sur l’intervention en haute mer en cas d’accident entraînant ou pouvant entraîner une pollution par les hydrocarbures (avec annexe)

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0.814.289 original text International Convention on intervention on the high seas in case of an accident causing or may cause pollution by hydrocarbons concluded at Brussels on 29 November 1969 approved by the Federal Assembly on March 9, 1987, Instrument of ratification deposited on 15 December 1987 entry into force for the Switzerland by the Switzerland on 14 March 1988 (status February 2, 2012) States parties to this Convention aware of the need to protect the interests of their populations against the serious consequences of a maritime accident involving a risk of pollution of the sea and the coast by hydrocarbons, convinced that in such circumstances exceptional measures may be required on the high seas to protect these interests, and that these measures should not undermine the principle of freedom of the high seas , have agreed to the following: art. I 1. The Parties to this agreement may take the necessary measures to prevent, mitigate or eliminate the dangers of serious and imminent to their sides or related interests pollution or threat of pollution of the waters of the sea by oil as a result of a maritime accident or an accident-related actions on the high seas that could in all likelihood to have very damaging consequences.
2. However, no action will be taken under the present Convention against warships or other ships owned by a State or operated by him and dedicated, for the time being, to a non-commercial government service.

Art. II for the purposes of this agreement: 1. the expression "maritime accident" means a collision, grounding or other incident of navigation or other event occurred on board or outside the ship that would lead to either damage or an immediate threat of property damage, which could be a victim ship or its cargo; 2. 'ship' means: a. any building sea whatever it is, etb. all floating craft, with the exception of facilities or other devices used for the exploration of the bottom of the seas, oceans and their basement or the exploitation of their resources;

3. the term "oil" means oil crude, oil, diesel oil and oil lubrication; 4. "related interests" means the interests of a coastal State directly affected or threatened by the maritime accident and dealing including: a. maritime, coastal, port activities, or estuaries including fisheries activities, constituting an essential way of existence for concerned; b. the tourist attractiveness of the region; c. to the health of the populations and the well-being of the region including conservation of marine biological resources, fauna and flora;

5. the term 'Organization' means the consultative intergovernmental organization of maritime navigation.

Since May 22, 1982, the organization named "International Maritime Organization".

Art. III the right of a coastal State to take measures, in accordance with article 1, is exercised in the following conditions: a. before taking action, a riparian State consults with other States that have been called into question by the accident at sea, in particular the flag States; (b) the coastal State shall immediately notify the measures envisaged in the natural or legal persons who are known to him or which have been reported during the consultations as having a interests which could likely be compromised or affected by these measures. The coastal State takes into account the view that these people can submit; c. before taking action, the coastal State may proceed with the consultation of independent experts who will be selected from a list maintained by the Organization; d. in an emergency requiring immediate action, the coastal State may measures rendered by the emergency without notification or prior consultations or without continue ongoing consultations; e. the coastal State before taking such measures and in their execution, is working its best to avoid any risk to human lives and to bring to those in need all the help they may need, not to hinder and facilitate, where appropriate, the repatriation of crews of ships; f. the measures that have been taken in application of article must be notified without delay to the States and natural or legal persons interested parties who are known, as well as the Secretary general of the organization.

Art. IV 1. Under the control of the Organization, will be established and kept up to date the list of experts referred to in article III of the Convention. The organization makes the rules appropriate to this topic and determines the qualifications required.
2. States members of the Organization and the Parties to this Convention may submit names for the preparation of the list. Experts are paid by the States having recourse to them based on services rendered.

Art. V 1. Response measures taken by the coastal State in accordance with the provisions of article 1 should be proportionate to the damage he has actually suffered or threatened.
2. these measures should not go beyond those that can reasonably be considered necessary to achieve the purpose mentioned in article first, and they must be completed as soon as this goal has been achieved. they must not overlap unnecessarily on the rights and interests of the State of the flag of third countries or of any other person interested person.
3. the assessment of the proportionality of the measures taken, compared to the damage is made, taking into account: a. the scope and the probability of damage imminent, if these measures are not taken, b. of the likely effectiveness of these measures, etc. of the magnitude of the damage that can be caused by these measures.

Art. VI. any party to the Convention which has acted in contravention of the provisions of the present Convention, causing others harm, is required to compensate him for as long as the measures go beyond what is reasonably necessary to achieve the purposes mentioned in article 1.

Art. VII except otherwise expressly provided, nothing in this agreement does not change an obligation and does affect a right, privilege or immunity provided also, or only private one any of the Parties or other physical or legal person interested in any remedies it might otherwise have.

Art. VIII 1. Any dispute between the Parties about whether if the measures taken in application of article contravene the provisions of this Convention, if compensation is due under article VI, as well as on the amount of compensation, if it could not be settled by negotiation between the Parties in question or between the part that took the measures and the natural or legal persons who seek redress , and unless otherwise decided by the Parties, will be submitted at the request of one of the Parties to conciliation or, in case of failure of conciliation to arbitration, as provided for in the annex to this Convention.
2. the party which has taken the measures has not the right to repel a conciliation or arbitration request under the preceding paragraph for the sole reason that appeals to its own courts by its national legislation have not all been exhausted.

Art. IX 1. This Convention remains open for signature until December 31, 1970 and then remains open to accession.
2. States members of the Organization of the United Nations, of one any of its specialized agencies or of the international agency of atomic energy, parties to the Statute of the International Court of Justice may become parties to this Convention by: a. signature without reservation as to ratification, acceptance or approval; (b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; OUC. membership.

Art. X 1. Ratification, acceptance, approval or accession are made by the deposit of an instrument in good and due form with Secretary-General of the organization.
2. any instrument of ratification, acceptance, approval or accession, deposited after the entry into force of an amendment to this Convention for all States already parties to the Convention or after the completion of all measures required for the entry into force of the amendment in respect of those States, is deemed to apply to the Convention amended by the amendment.

Art. XI 1. The present Convention comes into force on the ninetieth day after the date to which the Governments of fifteen States have signed it without reservation as to ratification, acceptance or approval or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General of the organization.
2. for each of the States which ratify, accept or approve the Convention accede later, it comes into force on the ninetieth day after the deposit by that State of the appropriate instrument.

Art. XII


1 this Convention may be denounced by any party at any time from the date on which the Convention comes into force for that State.
2. the denunciation is made by the deposit of an instrument with the Secretary-General of the organization.
3. the denunciation shall take effect one year after the date of the deposit of the instrument with the Secretary-General of the organization or to the expiry of any period more long that could be specified in that instrument.

Art. XIII 1. The Organization of the United Nations when it assumes responsibility for the administration of a territory, or any State party to the present Convention responsible for relations of a territory, consult as soon as possible the competent authorities of that territory or take any other appropriate action to him extend the application of this Convention and may, at any time, by written notification to the Secretary-General of the Organization awareness that this extension has taken place.
2. the application of the present Convention is extended to the territory designated in the notice from the date of receipt thereof or such other date that would be appropriate.
3. the United Nations, or any party having made a declaration under paragraph 1 of this article, may at any time after the date at which the application of the Convention was thus extended to a territory, make known, by written notification addressed to the Secretary general of the organization that this agreement ceases to apply to the territory named in the notification.
4. the present agreement ceases to apply to the territory named in the notification one year after the date of its receipt by the Secretary-General of the Organization, or at the expiration of any longer period specified in the notifications.

Art. XIV 1. The organization may convene a Conference for the purpose of review or amend this Convention.
2. the Organization shall convene a conference of States parties to the present Convention aimed to revise or amend this agreement at the request of the third party at least parts.

Art. XV 1. This Convention will be deposited with the Secretary-General of the organization.
2. the Secretary-General of the a. inform all States which have signed the Convention or acceded: i. any new signature or deposit of new instrument and the date on which that signature or deposit intervened; ii. of any deposit of instrument denouncing this Convention and the date on which this deposit intervened; iii. the extension to the whole of this agreement under paragraph 1 of article XIII and the cessation of any aforesaid extension under paragraph 4 of the same article, indicating in each case the date the extension of this agreement has taken or will end.

b. transmit copies of this Convention to all States signatories to this Convention and all States which accede.

Art. XVI upon entry into force of this Convention, the Secretary-General of the Organization shall forward the text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

RS 0.120 art. XVII this Convention is established in a single copy in the English and French languages, both texts being equally authentic. It is established in the official translations in Russian and Spanish which are filed with the coated original signatures.
In faith of what, the undersigned, duly authorized for this purpose by their Governments, have signed this Convention.
Done at Brussels, 29 November 1969.
(Follow signatures)

Annex chapter I conciliation art. 1. unless the Parties agree otherwise, the conciliation procedure is organized in accordance with the provisions of this chapter.

Art. 2-1. On application by a party to another party in accordance with article VIII of the Convention, it comprises a conciliation Commission.
2. the request for conciliation made by a party contains the object of the application and all documents in support of its statement of case.
3. If a procedure has been initiated between two Parties, any other party whose nationals or property have been affected by the measures considered or who, as a coastal State, took similar measures, may join the conciliation procedure in notifying in writing the Parties who are involved in this procedure, unless one of these opposes.

Art. 3-1. The conciliation Commission consists of three members: one member nominated by the coastal State which took action, a member appointed by the State which are the persons or property affected by these measures, and a third member designated by mutual agreement by the first two, which holds the Presidency of the Commission.
2. these conciliators are selected from a list of persons established in advance according to the procedure laid down in article 4 below.
3. If within a period of 60 days from the date of receipt of the request for conciliation, the party to whom it is addressed has not notified to the other party to the dispute the appointment of the conciliator whose choice is responsible, or if, within a period of 30 days, from the appointment of the second of the Member of the Commission designated by the Parties the first two conciliators were able to designate by common agreement the President of the Commission, the Secretary-General of the organization performs, at the request of the most diligent party and within a period of 30 days, the necessary appointments. Designated members of the Commission are chosen on the list referred to in the previous paragraph.
4. under no circumstances the President of the Commission must have or have had the nationality of one of the Parties who have initiated proceedings, regardless of the mode of its designation.

Art. 4-1. The list referred to in article 3 above is made up of qualified persons nominated by the Parties and is maintained by the organization. Each party may designate for inclusion on the list four persons who are not necessarily nationals. Designations are made for periods of six years, renewable.
2. in the event of the death or resignation of a person on the list, the party who appointed this person may appoint a substitute for the duration of the term.

Art. 5-1. Unless otherwise agreed by the Parties, the conciliation Commission shall establish its rules of procedure and, in all cases, the procedure is adversarial. Investigation, the Commission, unless it decides otherwise unanimously, complies with the provisions of title III of the Hague Convention of 18 October 1907 for the Pacific settlement of international conflicts.
2. the Parties are represented with the conciliation Commission by agents who serve as intermediaries between them and the Commission. Each party may, in addition, be assisted by advisers and experts appointed by it for this purpose and ask the hearing of any person whose testimony seemed useful.
3. the Commission has the right to request explanations to the agents, advisers and experts of the Parties, as well as any person it deems useful to appear with the consent of its Government.

SR 0.193.212 art. 6. unless otherwise agreed of Parties, the decisions of the conciliation Commission shall be taken by a majority of the votes, and the Commission cannot pronounce on the substance of the dispute only if all its members are present.

Art. 7. the Parties facilitate the work of the conciliation Commission; to this end, in accordance with their legislation and using the means available to them, the Parties: a. provide to the Commission all documents and useful information; b. put the Commission in a position to enter their territory, to hear witnesses or experts, and to examine the scene.

Art. 8. the conciliation Commission is to elucidate the questions in dispute, to collect for this purpose all of the useful information, by way of investigation or otherwise, and to try to reconcile the Parties. After examination of the case, it notifies the parties the recommendation which seems appropriate and sets them a deadline not exceeding 90 days to signify their acceptance or rejection of the recommendation.

Art. 9. the recommendation must be motivated. If the recommendation is not in whole or in part the unanimous opinion of the Commission, any conciliator has the right to make his views known separately.

Art. 10. the conciliation is deemed failing if 90 days after the notification of the recommendation to the Parties, none of them has not notified to the other party its acceptance of the recommendation. Conciliation is also deemed failing if the Commission could be established within the prescribed in the third paragraph of article 3 above, or unless otherwise agreed to the Parties if the Commission has not made its recommendation within a period of one year from the date of appointment of the President of the Commission.

Art. 11


1. each Member of the Commission receives a fee of which the amount is fixed by mutual agreement between the Parties that each bear an equal share.
2. the overhead caused by the operation of the Commission are distributed in the same way.

Art. 12. the Parties to the dispute may at any time of the conciliation procedure decide by mutual agreement to another dispute settlement procedure.

Chapter II of the arbitration art. 13-1. Unless the Parties provide otherwise, the arbitration procedure is conducted in accordance with the provisions of this chapter.
2. in case of failure of conciliation, the request for arbitration must be made within 180 days following this failure.

Art. 14. the arbitral tribunal is composed of three members; an arbitrator appointed by the coastal State which took response measures, an arbitrator appointed by the State which are the persons or property affected by these measures, and another arbitrator who assumes the Presidency of the court designated by common agreement between the first two.

Art. 15-1. If at the end of a 60 days from the appointment of the second arbitrator, the President of the tribunal has not been designated, the Secretary general of the Organization, at the request of the most diligent party, shall, within a further period of 60 days, designate by choosing from a list of qualified persons, established in advance in the conditions provided for in article 4 above. This list is separate from the list of experts scheduled to article IV of the Convention and the list of conciliators under article 4 above, the same person may however be included on the list of conciliators and arbitrators. However, a person who acted as conciliator in a dispute cannot be selected as an arbitrator in the same matter.
2 If within a period of 60 days from the date of receipt of the request, one of the Parties has not made the designation, which is incumbent on a member of the Court, the other party may apply directly to the Secretary general of the Organization, which provides for the designation of the President of the tribunal within a period of 60 days by choosing on the list referred to in paragraph 1 of this article.
3. the President of the tribunal, its designation, request the party which was not an arbitrator to do so in the same forms and conditions. If she does not make the designation which was thus sought, the President of the tribunal asked the Secretary general of the Organization to provide this designation in the forms and conditions provided for in the previous paragraph.
4. the President of the tribunal, if it is designated under the provisions of this article, should not be or have been of nationality of one of the Parties, except by consent of the other or others.
5. in the case of death or default of an arbitrator, whose designation was the responsibility of a part, it means his replacement within a period of 60 days of death or failure. Fault for her to do so, the procedure continues with the remaining referees. In case of death or failure to the President of the tribunal, his replacement is designated under the conditions laid down in article 14 above or, failing agreement between the members of the tribunal within 60 days of death or default, in the conditions laid down in this article.

Art. 16 if a procedure has been involved between two Parties, any other party whose nationals or property have been affected by the measures, or who, as a coastal State, took similar measures, may join the arbitration by notifying in writing the Parties who engaged this procedure unless one of these opposes.

Art. 17. any arbitral tribunal constituted under the terms of this appendix establishes its own rules of procedure.

Art. 18-1. The decisions of the tribunal, both in its procedure and place of its meetings on the dispute submitted to it, are taken by a majority of the votes of its members, the absence or abstention of one of the members of the tribunal including the designation was the responsibility of the Parties are not a barrier to the possibility for the Court to rule. In case of equality of votes, the Chairman has the casting vote.
2. the Parties facilitate the work of the tribunal; to this end, in accordance with their legislation and using the means available to them, the Parties: a. provide to the tribunal all documents and useful information; b. put the tribunal in a position to enter their territory, to hear witnesses or experts, and to examine the scene.

3. the absence or default of a party does not obstacle to the procedure.

Art. 19 February 2, 2012 1 scope. The sentence of the Court is motivated. It is final and without appeal. The Parties must comply without delay.
2. any dispute which may arise between the Parties regarding the interpretation and enforcement of the award may be submitted by either party to the judgment of the Court that made it or, if the latter cannot be seized, to another tribunal constituted for this purpose in the same manner as the first.
Scope February 2, 2012 States parties Ratification, accession (A) Declaration of estate (S) Signature without reservation of ratification (if) entry into South Africa July 1, 1986 to September 29, 1986 Algeria 21 November 2011 to 19 February 2012 Germany may 7 1975 5 August 1975 Angola 4 October 2001 A 2 January 2002 Argentina 21 April 1987-20 July 1987 Australia 7 November 1983 5 February Bahamas 22 July 1984 1976-20 October 1976

Bangladesh 6 November 1981 4 February 1982 Barbados 6 May 1994 has 4 August 1994 Belgium October 21, 1971 may 6, 1975 Benin 1 November 1985 A January 30, 1986 Brazil January 18, 2008 17 April 2008 Bulgaria 2 November 1983 was January 31, 1984 Cameroon 14 May 1984 12 August 1984 Chile 28 February 1995 A 29 May 1995 China February 23, 1990 has 24 May 1990 Hong Kong 5 June 1997 1 July 1997 8 Ivory Coast January 1988 April 7, 1988 Croatia July 27, 1992 S 8 October 1991 Cuba may 5, 1976 was August 3, 1976 Denmark December 18, 1970 if may 6, 1975 Djibouti 1 March 1990 to 30 May 1990 Egypt February 3, 1989 may 4, 1989 December 15, 1983 United Arab Emirates has 14 March 1984 Ecuador 23 December 1976-23 March 1977 Spain 8 November 1973-6 May 1975 Estonia 16 May 2008-14 August 2008 United States 21 February 1974 may 6, 1975 Guam 9 September 1975 may 6, 1975 U.S. Virgin Islands 9 September 1975 6 May 1975 Puerto Rico 9 September 1975 may 6, 1975 American Samoa 9 September 1975 may 6, 1975 the 9 September 1975 Pacific Islands Trust Territories may 6, 1975 in the Panama canal Zone, on September 9, 1975 6 May 1975 Fiji 15 August 1972 has 6 May 1975 Finland 6 September 1976 December 5, 1976 France 10 May 1972

May 6, 1975 Gabon 21 January 1982 April 21, 1982 Georgia August 25, 1995 was 23 November 1995 Ghana April 20, 1978 19 July 1978 Equatorial Guinea 24 April 1996 23 July 1996 Guyana 10 December 1997 has 10 March 1998 Marshall Islands October 16 1995 14 January 1996 India June 16, 2000 September 14, 2000 Iran 25 July 1997 has 23 October 1997 Ireland 21 August 1980 November 19, 1980 Iceland 17 July 1980 15 October 1980 Italy February 27, 1979 28 May 1979 Jamaica 13 March 1991 A 11 June 1991 Japan April 6, 1971 may 6, 1975 Kuwait April 2, 1981 1 July 1981 Latvia 9 August 2001 has 7 November 2001 Lebanon 5 June 1975 A 3 September 1975 Liberia September 25, 1972 may 6, 1975 Morocco 11 April 1974 has 6 May 1975 Maurice December 17, 2002 March 17, 2003 Mauritania 24 November 1997 was February 22, 1998 Mexico

April 8, 1976 July 7, 1976 Monaco February 24, 1975 6 May 1975 Montenegro 3 June 2006 of June 3, 2006 Namibia 12 March 2004 was June 10, 2004 Nicaragua November 15 1994 February 13, 1995 Nigeria February 27, 2004 24 May 2004 Norway July 12, 1972 has 6 May 1975 New Zealand 26 March 1975 A may 6, 1975 Oman January 24, 1985 April 24, 1985 Pakistan 13 January 1995 has 13 April 1995 Panama 7 January 1976 6 April 1976 Papua New Guinea 12 March 1980 has 10 June 1980 Netherlands September 19, 1975 December 18, 1975 Aruba December 24, 1985 January 1, 1986 Curaçao September 19, 1975 December 18, 1975 part Caribbean (Bonaire, Sint Eustatius and Saba) 19 September 1975 18 December 1975 Sint Maarten 19 September 1975 December 18, 1975 June 1, 1976 Poland August 30, 1976 Portugal 15 February 1980 15 May 1980 Qatar 2 June 1988 has 31 August 1988 5 Dominican Republic February 1975 may 6, 1975 United Kingdom January 12, 1971 may 6, 1975 Akrotiri and Dhekelia September 8, 1982 8 September 1982 Anguilla September 8, 1982 8 September 1982 Bermuda September 19, 1980 December 1, 1980 Isle of man. 27 June 1995 27 June 1995 Cayman Islands 8 September 1982 September 8, 1982 Falkland Islands and dependencies (South Georgia and the South Sandwich Islands) September 8, 1982 8 September 1982 Pitcairn (Ducie Islands (, Henderson, Oeno and Pitcairn) September 8, 1982 8 September 1982 Turks and Caicos Islands 8 September 1982 September 8, 1982 British Virgin Islands 8 September 1982 8 September 1982 Montserrat September 8, 1982


8 September 1982 St. Helena and dependencies (Ascension and Tristan da Cunha) September 8, 1982 September 8, 1982 British Antarctic Territory 8 September 1982 8 September 1982 Russia December 30, 1974 may 6, 1975 St. - Lucia 20 May 2004 was May 18, 2004 Saint - Kitts - and - Nevis October 7, 2004 5 January 2005 Saint - Vincent - and - the Grenadines may 12, 1999 August 10, 1999 South Africa March 27, 1972 has 6 May 1975 Serbia 27 April 1992 May 3, 1976 Slovenia 12 November 1992 S S

25 June 1991 Sri Lanka April 12, 1983 has 11 July 1983 Sweden February 8, 1973 6 May 1975 Switzerland 15 December 1987 14 March 1988 Suriname 25 November 1975 S 25 November 1975 Syria 6 February 1975 has 6 May 1975 Tanzania may 16, 2006 to August 14, 2006 Tonga 1 February 1996 was may 1, 1996 Trinidad and Tobago March 6, 2000 June 4, 2000 Tunisia 4 May 1976 has 2 August 1976 Ukraine 3 January 1994 S 21 December 1991 Vanuatu 14 September 1992 to December 13, 1992 Yemen 6 March 1979 4 June 1976 statement, see below.

May 6, 1975 to June 30, 1997, the convention was applicable to Hong Kong on the basis of a declaration of territorial expansion of the United Kingdom. Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese declaration of 5 June 1997, the convention is also applicable to the RAS Hong Kong from July 1, 1997.

RO 1988 1253, 1989 1174, 2003 2446, 2007 5201 and 2012 875. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Statement the Australia Australia recalls the statement made as follows by the Australian delegation at the International Conference of 1973 on the pollution of the seas: "the Australia is confident that no coastal State refrain from taking measures that might be needed to protect the areas under its jurisdiction to serious damage to the environment. "Customary international law recognizes, in his view, to the coastal State the right to intervene on the high seas to protect areas under its jurisdiction."
Becoming party to the convention, the Australia says convinced she can still, to protect areas and resources under its jurisdiction, measures which are permitted under customary international law and are in conformity with the convention.

1988 1242 RO; FF 1986 II 741 art. 1 al. let 1. a AF on 9 March 1987 (RO 1988 1240) State on February 2, 2012

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