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RS 0.747.363.33 International Convention of 1er November 1974 for the Protection of Human Life at Sea

Original Language Title: RS 0.747.363.33 Convention internationale du 1er novembre 1974 pour la sauvegarde de la vie humaine en mer

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0.747.363.33

Original text

1974 International Convention for the Safety of Life at Sea

Conclue in London on 1 Er November 1974
Approved by the Federal Assembly on June 9, 1981 1
Instrument of ratification deposited by Switzerland on 1 Er October 1981
Entry into force for Switzerland on 1 Er January 1982

(State on 27 September 2012)

The Contracting Governments,

Desiring to establish by common accord the principles and uniform rules to safeguard human life at sea,

Whereas the best way to achieve this goal is to conclude a convention to replace the 1960 International Convention for the Protection of Human Life at Sea 2 , in order to take account of developments since its conclusion,

Agreed to the following:

Art. I General obligations under the Convention

(a) The Contracting Governments undertake to give effect to the provisions of this Convention and its Annex 1 , which shall form an integral part of this Convention. Any reference to this Convention shall at the same time constitute a reference to the Annex.

(b) The Contracting Governments undertake to enact all laws, decrees, orders and regulations and to take all other necessary measures to give the Convention its full and full effect, in order to ensure that, from the point of view of the Protection of human life, a ship is suitable for the service to which it is intended.


1 Not published in the RO, the text of this Annex and its amendments are not included in this compendium. (See RO 1984 256, 1985 1606, 1987 1050, 1990 595,596, 1993 2513, 1997 464). Copies can be obtained from the OFCL, Sales of Federal Publications, 3003 Berne.

Art. II Scope of application

This Convention shall apply to ships which are entitled to fly the flag of a State of which the Government is a Contracting Government.

Art. III Laws, Regulations

Each Contracting Government undertakes to communicate and file with the Secretary-General of the Intergovernmental Consultative Organization for Maritime Navigation (hereinafter referred to as " the Organization):

(a)
A list of non-governmental bodies which are authorized to act on its behalf in the application of measures concerning the protection of human life at sea, with a view to having it held by the Contracting Governments which will Knowledge of their officials;
(b)
The text of the laws, decrees, orders and regulations that have been promulgated on the various subjects falling within the scope of this Convention;
(c)
A sufficient number of specimens of the certificates issued by it, in accordance with the provisions of this Convention, with a view to having them held by the Contracting Governments which will bring them to the knowledge of their officials.
Art. IV Force majeure

(a) A ship that is not subject, at the time of departure for any voyage, to the requirements of this Convention shall not be required to comply with these requirements by reason of any diversion during its proposed voyage, if Is caused by bad weather or by any other cause of force majeure.

(b) Persons who are on board a ship by reason of force majeure or as a result of the obligation of the master to transport either shipwrecked persons or other persons shall not be taken into account when they are Verify the application to the ship of any requirement of this Convention.

Art. V Transportation of persons in an emergency

(a) To ensure the evacuation of persons for the purpose of removing them from a threat to the security of their lives, a Contracting Government may authorize the carriage on its ships of a number of persons above the permitted number of persons Under this Convention.

(b) Such authorization shall not deprive other Contracting Governments of any right of control exercised under this Convention on such ships, when such ships are in their ports.

(c) Notification of any such authorization shall be addressed to the Secretary-General of the Organization by the Government which has granted it, together with a report on the factual circumstances.

Art. VI Treaties and previous conventions

(a) This Convention replaces and repeals between Contracting Governments the International Convention for the Safety of Life at Sea signed in London on 17 June 1960.

(b) All other treaties, conventions or agreements relating to the protection of human life at sea or the matters relating thereto and which are currently in force between the Governments Parties to this Convention shall retain their full And full effect for the duration assigned to them with respect to:

(i)
Vessels to which this Convention does not apply;
(ii)
The vessels to which this Convention applies, in respect of points which are not expressly prescribed in this Convention.

(c) However, to the extent that such treaties, conventions or agreements are in conflict with the requirements of this Convention, these latter requirements shall prevail.

(d) All matters which are not expressly prescribed in this Convention shall remain subject to the laws of the Contracting Governments.

Art. VII Special rules resulting from agreements

Where, in accordance with this Convention, special rules are established by agreement between all Contracting Governments, or between certain Contracting Governments, such rules shall be communicated to the Secretary-General of the Organization in view To have them held by all Contracting Governments.

Art. VIII Amendments

(a) This Convention may be amended by any of the procedures defined in the following paragraphs.

(b) Amendments following consideration by the Organization:

(i)
Any amendment proposed by a Contracting Government shall be submitted to the Secretary-General of the Organization and circulated by the Secretary-General to all Members of the Organization and to all Contracting Governments at least six months before its consideration;
(ii)
Any proposed amendment and circulated in accordance with the above procedure shall be submitted to the Maritime Safety Committee of the Organization for consideration;
(iii)
The Contracting Government of States, whether or not they are Members of the Organization, are entitled to participate in the deliberations of the Committee on Maritime Safety for the purposes of the consideration and adoption of the amendments;
(iv)
Amendments shall be adopted by a two-thirds majority of the Contracting Governments present and voting within the enlarged Maritime Safety Committee in accordance with para. (iii) of this paragraph (hereinafter referred to as "the Enlarged Maritime Safety Committee") provided that at least one third of the Contracting Governments are present at the time of the vote;
(v)
If adopted in accordance with para. (iv) of this paragraph, the amendments shall be communicated by the Secretary-General of the Organization to all Contracting Governments for the purposes of acceptance;
(vi) 1) an amendment to an article of the Convention or to the chap. I of its Annex shall be deemed to have been accepted on the date on which it was accepted by two-thirds of the Contracting Governments;
2)
An amendment to the Annex, excluding Chapter I, is deemed to have been accepted:
(aa)
Upon expiry of a period of two years from the date on which it is communicated to the Contracting Governments for acceptance; or
(bb)
At the expiration of any other period, which shall not be less than one year, if so decided at the time of its adoption by a two-thirds majority of the Contracting Governments present and voting in the Committee on Security Expanded marine.
However, if during the period thus specified more than one third of the Contracting Governments, or of the Contracting Governments whose merchant fleets account for a total of 50 % of the total number of Contracting Parties. At least 100 per cent of the gross tonnage of the world fleet of commercial vessels shall notify the Secretary-General of the Organization that they raise an objection to the amendment, which shall be deemed not to have been accepted;
(vii) 1) an amendment to an article of the Convention or to the chap. I of its Annex shall enter into force in respect of the Contracting Governments which have accepted it six months after the date on which it is deemed to have been accepted, and shall enter into force with respect to each Contracting Government which accepts it after that date. Six months after its acceptance by that Contracting Government;
2)
An amendment to the Annex, excluding chap. I, enter into force with respect to all Contracting Governments except those who have raised an objection to the said amendment in accordance with subparagraph (vi) (2) of this paragraph and which have not withdrawn that objection, six months After the date on which it is deemed to have been accepted. However, before the date fixed for the entry into force of an amendment, any Contracting Government may notify the Secretary-General of the Organization that it is dispensing from giving effect to the amendment for a period not exceeding one year From the date of its entry into force, or for a longer period if the two-thirds majority of the Contracting Governments present and voting in the enlarged Maritime Safety Committee at the time of the adoption of the amendment So decides.

(c) Conference amendment:

(i)
At the request of a Contracting Government supported by at least one third of the Contracting Governments, the Organization shall convene a Conference of the Contracting Governments to consider the amendments to this Convention;
(ii)
Any amendment adopted by this Conference by a two-thirds majority of the Contracting Governments present and voting shall be communicated by the Secretary-General of the Organization to all Contracting Governments for the purposes of acceptance;
(iii)
Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures provided for in paragraphs (vi) and (vii) of paragraph (b) of this Article, provided that references to The expanded Marine Safety Committee in these paragraphs would be considered as references to the conference.
(d)
(i) A Contracting Government which has accepted an amendment to the Annex which has entered into force shall not be required to extend the benefit of this Convention in respect of a certificate issued to a ship entitled to fly the flag of a State of which The Government has, in accordance with subparagraph (vi) (2) of subs. (b) of this Article, raised an objection to that amendment, and has not withdrawn that objection, but only to the extent that that certificate applies to points which are covered by the amendment in question.
(ii)
A Contracting Government having accepted an amendment to the Annex which has entered into force shall extend the benefit of this Convention in respect of a certificate issued to a ship entitled to fly the flag of a State of which the Government Has notified the Secretary-General of the Organization, in accordance with subparagraph (vii) (2), of subs. (b) of this Article, that it shall dispense with the amendment.

(e) Except as expressly provided otherwise, any amendment to this Convention made pursuant to this Article and which relates to the structure of the ship shall apply only to vessels whose keel has been laid or which are at a stage Equivalent to the date of entry into force of this amendment, or after that date.

(f) Any declaration of acceptance or objection relating to an amendment or notification communicated under subparagraph (vii) (2) of subs. (b) of this article shall be addressed in writing to the Secretary-General of the Organization. It shall inform all the Contracting Governments of that communication and of the date on which it has received it.

(g) The Secretary-General of the Organization shall inform all Contracting Governments of any amendments that come into force under this Article and of the date on which each amendment enters into force.

Art. IX Signature, ratification, acceptance, approval and accession

(a) This Convention shall remain open for signature at the headquarters of the Organization of the Er November 1974 to 1 Er July 1975, and then remains open for accession. States may become Parties to this Convention by:

(i)
Signature without reservation as to ratification, acceptance or approval; or
(ii)
Signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
(iii)
Membership.

(b) The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.

(c) The Secretary-General of the Organization shall inform the Governments of all States which have signed or acceded to this Convention of any signature or of the deposit of any instrument of ratification, acceptance of approval or accession and of The date of the deposit.

Art. X Entry into force

(a) This Convention shall enter into force twelve months after the date on which at least twenty-five States whose merchant fleets account for a total of 50 per cent of the total number of States. At least 100 per cent of the gross tonnage of the world fleet of commercial vessels have become Parties to the Convention in accordance with the provisions of Art. IX.

(b) Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of this Convention shall take effect three months after the date of deposit.

(c) Any instrument of ratification, acceptance, approval or accession deposited after the date on which an amendment to this Convention is deemed to have been accepted in accordance with Art. VIII applies to the Convention in its amended form.

Art. XI Denunciation

(a) This Convention may be terminated by any of the Contracting Government at any time after the expiration of a period of five years from the date on which the Convention enters into force for that Government.

(b) Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization. It shall notify all other Contracting Governments of any denunciation received and the date of its receipt, as well as the date on which the denunciation takes effect.

(c) Denunciation shall take effect one year after the date on which the Secretary-General of the Organization has received notification thereof, or upon the expiration of such other longer period specified in the instrument of denunciation.

Art. XII Filing and recording

(a) This Convention shall be deposited with the Secretary-General of the Organization who shall send certified copies to the Governments of all States that have signed or acceded to the Convention.

(b) Upon entry into force of this Convention, its text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations to be registered and published in accordance with Art. 102 of the United Nations Charter 1 .


Art. XIII Languages Application of the Convention on 27 September 2012 Reservations and declarations

This Convention shall be established in a single copy in the English, Chinese, French, Russian and Spanish languages, each text being equally authentic. Official translations are made in German, Arabic and Italian, which are deposited with the original copy bearing signatures.

In witness whereof , the undersigned, duly authorized to that effect by their Governments, have signed this Convention.

Done at London this first November of November, nine hundred and seventy.

(Suivent signatures)

Scope of the Convention on 27 September 2012 3

States Parties

Ratification Accession (A) Declaration of succession (S) Signature without reservation of ratification (If)

Entry into force

South Africa

23 May

1980 A

25 May

1980

Albania

7 June

2004 A

7 September

2004

Algeria

3 November

1983 A

3 February

1984

Germany

26 March

1979

25 May

1980

Angola

3 October

1991 A

3 January

1992

Antigua and Barbuda

February 9

1987 A

9 May

1987

Saudi Arabia

24 April

1985 A

24 July

1985

Argentina

5 December

1979

25 May

1980

Australia

August 17

1983 A

17 November

1983

Austria

27 May

1988 A

August 27

1988

Azerbaijan

1 Er July

1997 A

1 Er October

1997

Bahamas

February 16

1979 A

25 May

1980

Bahrain

21 October

1985 A

21 January

1986

Bangladesh

6 November

1981 A

February 6

1982

Barbados

1 Er September

1982 A

1 Er December

1982

Belarus

7 January

1994 A

7 April

1994

Belgium

24 September

1979

25 May

1980

Belize

2 April

1991 A

July 2

1991

Benin

1 Er November

1985 A

1 Er February

1986

Bolivia

4 June

1999 A

4 September

1999

Brazil

22 May

1980 A

25 May

1980

Brunei

23 October

1986 A

23 January

1987

Bulgaria

2 November

1983

2 February

1984

Cambodia

28 November

1994 A

28 February

1995

Cameroon

14 May

1984 A

August 14

1984

Canada

8 May

1978 A

25 May

1980

Cape Verde

28 April

1977 A

25 May

1980

Chile

28 March

1980

25 May

1980

China

7 January

1980

25 May

1980

Hong Kong A

5 June

1997

1 Er July

1997

Macao B

10 December

1999

20 December

1999

Cyprus

11 October

1985 A

11 January

1986

Colombia

October 31

1980 A

31 January

1981

Comoros

22 November

2000 A

22 February

2001

Congo (Brazzaville)

10 September

1985

10 December

1985

Congo, Kinshasa

17 December

2004 A

March 17

2005

Korea (North)

1 Er May

1985 A

1 Er August

1985

Korea (South)

31 December

1980

March 31

1981

Costa Rica

6 June

2011 A

September 6

2011

Côte d' Ivoire

5 October

1987 A

5 January

1988

Croatia

27 July

1992 S

8 October

1991

Cuba

19 June

1992 A

19 September

1992

Denmark

8 March

1978

25 May

1980

Djibouti

1 Er March

1984 A

1 Er June

1984

Dominica

21 June

2000 A

21 September

2000

Egypt

4 September

1981

4 December

1981

United Arab Emirates

15 December

1983 A

15 March

1984

Ecuador

28 May

1982 A

August 28

1982

Eritrea

22 April

1996 A

July 22

1996

Spain

September 5

1978

25 May

1980

Estonia

16 December

1991 A

March 16

1992

United States

7 September

1978

25 May

1980

Ethiopia

18 July

1985 A

18 October

1985

Fiji

March 4

1983 A

4 June

1983

Finland

21 November

1980 A

21 February

1981

France *

25 May

1977

25 May

1980

Gabon

21 January

1982 A

April 21

1982

Gambia

1 Er November

1991 A

1 Er February

1992

Georgia

19 April

1994 A

19 July

1994

Ghana

19 May

1983

19 August

1983

Greece

12 May

1980

25 May

1980

Grenada

28 June

2004

28 September

2004

Guatemala

20 October

1982 A

20 January

1983

Guinea

19 January

1981 A

19 April

1981

Equatorial Guinea

24 April

1996 A

24 July

1996

Guyana

10 December

1997 A

10 March

1998

Haiti

April 6

1989 A

July 6

1989

Honduras

24 September

1985 A

24 December

1985

Hungary

9 January

1980

25 May

1980

Cook Islands

30 June

2003 A

September 30

2003

Marshall Islands

April 26

1988 A

26 July

1988

India

June 16

1976 A

25 May

1980

Indonesia

17 February

1981

17 May

1981

Iran

17 October

1994

17 January

1995

Iraq

14 December

1990 A

March 14

1991

Ireland

29 November

1983 A

29 February

1984

Iceland

July 6

1983

6 October

1983

Israel

15 May

1979

25 May

1980

Italy

11 June

1980 A

11 September

1980

Jamaica

14 October

1983 A

14 January

1984

Japan

15 May

1980 A

25 May

1980

Jordan

7 August

1985 A

7 November

1985

Kazakhstan

7 March

1994 A

7 June

1994

Kenya

July 21

1999 A

21 October

1999

Kiribati

5 February

2007 A

5 May

2007

Kuwait

29 June

1979 A

25 May

1980

Latvia

20 May

1992 A

August 20

1992

Lebanon

29 November

1983 A

29 February

1984

Liberia

14 November

1977

25 May

1980

Libya

July 2

1981 A

2 October

1981

Lithuania

4 December

1991 A

March 4

1992

Luxembourg

February 14

1991 A

14 May

1991

Madagascar

7 March

1996 A

7 June

1996

Malaysia

19 October

1983 A

19 January

1984

Malawi

March 9

1993 A

9 June

1993

Maldives

14 January

1981 A

April 14

1981

Malta

8 August

1986 A

8 November

1986

Morocco

28 June

1990 A

28 September

1990

Mauritius

1 Er February

1988 A

1 Er May

1988

Mauritania

24 November

1997 A

24 February

1998

Mexico

28 March

1977

25 May

1980

Moldova

11 October

2005 A

11 January

2006

Monaco

1 Er November

1974 Si

25 May

1980

Mongolia

26 June

2002 A

26 September

2002

Montenegro

10 February

2009 S

3 June

2006

Mozambique

December 23

1996 A

23 March

1997

Myanmar

11 November

1987 A

February 11

1988

Namibia

27 November

2000 A

February 27

2001

Nicaragua

17 December

2004 A

March 17

2005

Nigeria

7 May

1981 A

7 August

1981

Niue

27 June

2012 A

27 September

2012

Norway

February 15

1977

25 May

1980

New Zealand C

23 February

1990 A

23 May

1990

Oman

April 25

1985 A

July 25

1985

Pakistan

10 April

1985 A

10 July

1985

Palau

29 September

2011

29 December

2011

Panama

March 9

1978 A

25 May

1980

Papua New Guinea

12 November

1980 A

12 February

1981

Paraguay

15 June

2004 A

September 15

2004

Netherlands D

10 July

1978 A

25 May

1980

Aruba

24 December

1995

1 Er January

1986

Curaçao

10 July

1978

25 May

1980

Caribbean (Bonaire, Sint Eustatius and Saba)

10 July

1978

25 May

1980

Sint Maarten

10 July

1978

25 May

1980

Peru

4 December

1979 A

25 May

1980

Philippines

15 December

1981 A

15 March

1982

Portugal

7 November

1983

7 February

1984

Poland

15 March

1984

15 June

1984

Qatar

22 December

1980 A

22 March

1981

Dominican Republic

10 April

1980 A

25 May

1980

Czech Republic

19 October

1993 S

1 Er January

1993

Romania

24 May

1979 A

25 May

1980

United Kingdom

7 October

1977

25 May

1980

Anguilla

19 May

2004

19 May

2004

Alderney

19 May

2004

19 May

2004

Bermuda

8 June

1988

23 June

1988

Gibraltar

1 Er November

1988

1 Er December

1988

Guernsey

30 January

2004

30 January

2004

Isle of Man

April 9

1985

1 Er July

1985

Cayman Islands

9 May

1988

23 June

1988

Falkland Islands

30 January

2004

30 January

2004

Turks and Caicos Islands

7 July

2004

7 July

2004

British Virgin Islands

10 June

2004

10 June

2004

Jersey

30 January

2004

30 January

2004

Montserrat

19 May

2004

19 May

2004

St. Helena

10 June

2004

10 June

2004

Russia

9 January

1980

25 May

1980

Saint Lucia

20 May

2004 A

August 20

2004

Saint Kitts and Nevis

11 June

2004 A

11 September

2004

Saint Vincent and the Grenadines

28 October

1983 A

28 January

1984

Solomon Islands

30 June

2004 A

September 30

2004

Samoa

March 14

1997 A

14 June

1997

Sao Tome and Principe

29 October

1998 A

29 January

1999

Senegal

16 January

1997 A

April 16

1997

Serbia

11 June

1979

25 May

1980

Seychelles

10 May

1988 A

10 August

1988

Sierra Leone

13 August

1993 A

13 November

1993

Singapore

March 16

1981 A

June 16

1981

Slovakia

30 January

1995 S

1 Er January

1993

Slovenia

12 November

1992 S

25 June

1991

Sudan

15 May

1990 A

August 15

1990

Sri Lanka

August 30

1983 A

30 November

1983

Sweden

7 July

1978

25 May

1980

Switzerland

1 Er October

1981

1 Er January

1982

Suriname

4 November

1988 A

4 February

1989

Syria

July 20

2001 A

20 October

2001

Tanzania

28 March

2001 A

28 June

2001

Thailand

18 December

1984 A

18 March

1985

Togo

19 July

1989 A

19 October

1989

Tonga

12 April

1977 A

25 May

1980

Trinidad and Tobago

February 15

1979 A

25 May

1980

Tunisia

August 6

1980 A

6 November

1980

Turkmenistan

4 February

2009 A

4 May

2009

Turkey

July 31

1980 A

October 31

1980

Tuvalu

22 August

1985 A

22 November

1985

Ukraine

1 Er November

1974 Si

25 May

1980

Uruguay

April 30

1979 A

25 May

1980

Vanuatu

28 July

1982 A

28 October

1982

Venezuela

March 29

1983

29 June

1983

Vietnam

18 December

1990 A

18 March

1991

Yemen

6 March

1979 A

25 May

1980

*

Reservations and declarations, see below.

A

From 25 May 1980 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 5 June 1997, the conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997.

B

From 24 August 1999 to 19 Dec. 1999, the conv. Was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. Under the Chinese declaration of Dec. 10. 1999, the conv. Is also applicable to the Macao SAR from 20 Dec. 1999.

C

The conv. Is not applicable to Tokelau.

D

The conv. Applies to the Kingdom in Europe.


Reservations and declarations

France

The French government made a reservation on the subject of art. D, sub-paragraph i, in that it will not recognise any invocation of that provision in respect of its own ships, since that provision is contrary to international law.


RO 1982 128; FF 1980 II 721


1 RO 1982 127
2 RS 0.747.363.32
3 RO 1982 128 1562, 1984 255, 1985 231, 1986 871, 1987 1153, 1989 841, 1990 1869, 1997 463, 2005 1313 and 2012 5791. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on September 27, 2012