RS 0.747.363.331 Protocol of 1978 of 17 February 1978 on the 1974 International Convention for the Protection of Human Life at Sea

Original Language Title: RS 0.747.363.331 Protocole de 1978 du 17 février 1978 relatif à la Convention internationale de 1974 pour la sauvegarde de la vie humaine en mer

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0.747.363.331

Original text

1978 Protocol on the 1974 International Convention for the Safety of Life at Sea

Conclu in London February 17, 1978
Instrument of accession deposited by Switzerland on 1 ^Er April 1982
Entry into force for Switzerland on 1 ^Er July 1982

(State on 28 August 2013)

The Parties to this Protocol,

Being Parties to the International Convention ¹ Of 1974 for the protection of human life at sea, made in London on 1 ^Er November 1974,

Recognising that the Convention can make a significant contribution to improving the safety of ships and goods at sea and the safeguarding of human life on board ships,

Also recognising the need to further improve the safety of ships, in particular that of tankers,

Considering that the best way to achieve this objective is to conclude a Protocol on the International Convention for the Safety of Life at Sea, 1974,

Agreed to the following:

Art. I General obligations

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

¹ The text of this appendix is not published in the Compendium of Federal Statutes. Copies can be obtained from the OFCL, Sales of Federal Publications, 3003 Berne.

Art. II Scope of application

1. The provisions of s. II, III (with the exception of para. (a), IV, VI (b), (c), and (d), VII and VIII of the 1974 International Convention for the Protection of Human Life at Sea (hereinafter referred to as "the Convention") are incorporated into this Protocol; however, references made in those Articles to the Convention and to the Contracting Governments shall be regarded as references to this Protocol and to the Parties to this Protocol respectively.

2. Any ship covered by this Protocol shall comply with the provisions of the Convention, subject to the amendments and additions set out in this Protocol.

3. The Parties to this Protocol shall apply to ships of States which are Parties neither to the Convention nor to this Protocol the requirements of the Convention and this Protocol insofar as this is necessary in order not to Benefit these vessels from more favourable conditions.

Art. III Disclosure of information

Each Party to this Protocol undertakes to communicate and file with the Secretary-General of the Intergovernmental Consultative Organization for Maritime Navigation (hereinafter referred to as " the Organization) A list of designated inspectors or recognised organisations authorised to act on its behalf in the application of measures concerning the protection of human life at sea, with a view to its dissemination to the Parties Knowledge of their officials. The Authority must therefore notify the Organization of the specific responsibilities assigned to the designated inspectors or the recognised organisations and the conditions of the authorisation granted.

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

This Protocol shall be open for signature at the headquarters of the Organization of the ^Er June 1978 to 1 ^Er March 1979 and then open for accession. Subject to the provisions of subs. 3 of this Article, States may become Parties to this Protocol by:

(a): Signature without reservation as to ratification, acceptance or approval; or
(b): Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c): Membership.

(2) 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.

(3) This Protocol shall not be the subject of a signature without reservation, ratification, acceptance, approval or accession by States which have signed without reservation, ratified, accepted or approved the Convention or which Have joined.

Art. V Entry into force

1. This Protocol shall enter into force six months after the date on which at least fifteen States whose merchant fleets account for a total of at least fifty per cent of the gross tonnage of the world fleet of merchant vessels have become Parties to this Protocol in accordance with the provisions of its Art. IV, provided that this Protocol does not enter into force before the Convention enters into force.

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

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

Art. VI Denunciation

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

(2) Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization.

(3) 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.

(4) Any denunciation of the Convention by a Party shall constitute a denunciation of this Protocol by that Party.

Art. VII Depositary

1. This Protocol shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the Depositary").

2. The Depositary:

(a)

Inform all States which have signed or acceded to this Protocol:

(i): Any new signature or deposit of a new instrument of ratification, acceptance, approval or accession and of the date of such signature or deposit;
(ii): The date of entry into force of this Protocol;
(iii): Any deposit of an instrument denouncing this Protocol, the date on which that instrument was received and the date on which the denunciation takes effect;

(b)

Shall transmit certified copies of this Protocol to all signatory States of this Protocol and to all States that adhere to it.

On the entry into force of this Protocol, the Depositary shall transmit a certified copy thereof to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations United Nations ¹.

¹ RS 0.120

Art. VIII Languages

This Protocol shall be established in a single original in the English, Chinese, English, French and Russian 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 respective Governments, have signed this Protocol.

Done at London this seventeen February mil nine hundred and seventy-eight.

(Suivent signatures)

Scope of application on 28 August 2013 ²


States Parties	Ratification Accession (A) Statement of Succession (S)		Entry into force


South Africa	11 January	1982 A	April 11	1982
Albania	7 June	2004 A	7 September	2004
Algeria	3 November	1983 A	3 February	1984
Germany ^*	6 June	1980	1 ^Er May	1981
Angola	3 October	1991 A	3 January	1992
Antigua and Barbuda	February 9	1987 A	9 May	1987
Saudi Arabia	2 March	1990 A	2 June	1990
Argentina	24 February	1982 A	24 May	1982
Australia	August 17	1983 A	17 November	1983
Austria	27 May	1988 A	August 27	1988
Bahamas	February 16	1979 A	1 ^Er May	1981
Barbados	29 May	1984 A	29 August	1984
Belgium	24 September	1979	1 ^Er May	1981
Belize	2 April	1991 A	July 2	1991
Benin	February 11	2000 A	11 May	2000
Bolivia	4 June	1999 A	4 September	1999
Brazil	20 November	1985 A	20 February	1986
Brunei	23 October	1986 A	23 January	1987
Bulgaria	2 November	1983 A	2 February	1984
Cambodia	28 November	1994 A	28 February	1995
Chile	July 15	1992 A	15 October	1992
China ^*	17 December	1982 A	March 17	1983
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	1 ^Er May	1981
Comoros	22 November	2000 A	22 February	2001
Korea (North)	1 ^Er May	1985 A	1 ^Er August	1985
Korea (South)	2 December	1982 A	2 March	1983
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	27 November	1980 A	1 ^Er May	1981
Dominica	21 June	2000 A	21 June	2000
Egypt	7 August	1986 A	7 November	1986
United Arab Emirates	15 December	1983 A	15 March	1984
Ecuador	21 May	2008 A	August 21	2008
Spain	April 30	1980 A	1 ^Er May	1981
Estonia	16 December	1991 A	March 16	1992
United States	August 12	1980	1 ^Er May	1981
Ethiopia	3 January	1986 A	3 April	1986
Fiji	28 July	2004 A	28 October	2004
Finland	April 30	1981 A	1 ^Er May	1981
France	21 December	1979	1 ^Er May	1981
Ghana	19 May	1983 A	19 August	1983
Greece	17 July	1981 A	17 October	1981
Grenada	28 June	2004 A	28 September	2004
Guinea	2 October	2002 A	2 January	2003
Equatorial Guinea	24 April	1996 A	24 July	1996
Guyana	10 December	1997 A	10 March	1998
Honduras	24 September	1985 A	24 December	1985
Hungary	3 February	1982 A	3 May	1982
Marshall Islands	April 26	1988 A	26 July	1988
India	3 April	1986 A	3 July	1986
Indonesia	August 23	1988 A	23 November	1988
Iran	August 31	2000 A	30 November	2000
Ireland	29 November	1983 A	29 February	1984
Iceland	July 6	1983 A	6 October	1983
Israel	August 21	1981 A	21 November	1981
Italy	1 ^Er October	1982 A	1 ^Er January	1983
Jamaica	August 17	2005 A	August 17	2005
Japan	15 May	1980 A	1 ^Er May	1981
Kazakhstan	7 March	1994 A	7 June	1994
Kiribati	5 February	2007 A	5 May	2007
Kuwait	29 June	1979 A	1 ^Er May	1981
Latvia	August 5	2005 A	5 November	2005
Lebanon	29 November	1983 A	29 February	1984
Liberia	28 October	1980	1 ^Er May	1981
Libya	July 2	1981 A	2 October	1981
Lithuania	4 December	1991 A	March 4	1992
Luxembourg	February 14	1991 A	14 May	1991
Malaysia	19 October	1983 A	19 January	1984
Maldives	20 May	2005 A	August 20	2005
Malta	8 August	1986 A	8 November	1986
Morocco	30 January	2001 A	April 30	2001
Mauritania	24 November	1997 A	24 February	1998
Mexico	30 June	1983	September 30	1983
Montenegro	3 June	2006 S	3 June	2006
Myanmar	11 November	1987 A	February 11	1988
Namibia	27 November	2000 A	February 27	2001
Nigeria	13 November	1984 A	13 February	1985
Norway	25 March	1981 A	1 ^Er May	1981
New Zealand ^*	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 A	29 December	2011
Panama	July 14	1982 A	14 October	1982
Netherlands	July 8	1980	1 ^Er May	1981
Aruba	July 8	1980	1 ^Er May	1981
Curaçao	July 8	1980	1 ^Er May	1981
Caribbean (Bonaire, Sint Eustatius and Saba)	July 8	1980	1 ^Er May	1981
Sint Maarten	July 8	1980	1 ^Er May	1981
Peru	July 16	1982 A	October 16	1982
Poland	15 March	1984	15 June	1984
Portugal ^*	7 November	1983 A	7 February	1984
Czech Republic	19 October	1993 S	1 ^Er January	1993
Romania	14 January	2008 A	April 14	2008
United Kingdom	5 November	1979	1 ^Er May	1981
Bermuda	8 June	1988	23 June	1988
Gibraltar	1 ^Er November	1988	1 ^Er December	1988
Isle of Man	April 9	1985	1 ^Er July	1985
Cayman Islands	9 May	1988	23 June	1988
Russia	12 May	1981 A	August 12	1981
Saint Kitts and Nevis	11 June	2004	11 September	2004
Saint Lucia	20 May	2004 A	August 20	2004
Saint Vincent and the Grenadines	July 13	1987 A	13 October	1987
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	April 27	1992 S	1 ^Er May	1981
Seychelles	10 May	1988 A	10 August	1988
Sierra Leone	10 March	2008 A	10 June	2008
Singapore	1 ^Er June	1984 A	1 ^Er September	1984
Slovakia	30 January	1995 S	1 ^Er January	1993
Slovenia	12 November	1992 S	25 June	1991
Sweden	21 December	1979	1 ^Er May	1981
Switzerland	1 ^Er April	1982 A	1 ^Er July	1982
Syria	July 20	2001 A	20 October	2001
Togo	19 July	1989 A	19 October	1989
Tonga	18 September	2003 A	18 December	2003
Trinidad and Tobago	7 June	2012 A	7 September	2012
Tunisia	August 6	1980 A	1 ^Er May	1981
Tuvalu	30 June	2004 A	September 30	2004
Ukraine	July 16	1992 A	October 16	1992
Uruguay	April 30	1979 A	1 ^Er May	1981
Vanuatu	28 July	1982 A	28 October	1982
Vietnam	12 October	1992 A	12 January	1993


^*	Reservations and declarations. Reservations and declarations are not published in the RO. English texts can be found at the International Maritime Organization (IMO) website: www.imo.org (see 'Legal') or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Bern.
^A	From 25 November to 30 June 1997, the Protocol was applicable in Hong Kong on the basis of a declaration of 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 Convention is also applicable to the Hong Kong SAR from 1 ^Er July 1997.
^B	From 24 August 1999 to 19 Dec. 1999, the Protocol 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 Protocol is also applicable to the Macao SAR from 20 Dec. 1999.

RO 1982 1321

¹ RS 0.747.363.33
² RO 1982 1321, 1983 248, 1984 276, 1985 232, 1986 872, 1987 1154, 1989 842, 1990 1870, 2005 1315, 2008 4605, 2013 3017. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).

Status on August 28, 2013