IMO IB955E-2006 SAR CONVENTION INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE 1979.pdf

1、International Convention on Maritime Search and Rescue, 1979 2006 Edition - ! CON SAR Convention International Convention on Maritime Search and Rescue, 1979 As amended by resolutions MSC.701691 and MSC.155781 2006 edition INTERNATIONAL MARITIME ORGANIZATION London, 2006 First published in 1979 by t

2、he INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Second edition, 2000 Third edition, 2006 Printed in the United Kingdom by MPG Books, Bodmin 12 4 6 8 10 9 7 5 3 ISBN-13: 978-92-801-4228-0 ISBN-10: 92-801-4228-3 1 IMOPUBLICATION I I Sales number: IB955E I Copynght 0 Internat

3、ional Maritime Organization 2006 All rights reserved. No part ofrhis publication may be “produced, stored in a retrieval system or transmitted in anyform or by any means without prior permission in wiring from the International Maritime Organization. NOTE: The name of the Organization as it appears

4、in ths publication was changed to International Maritime Organization” by virtue of amendments to the Organizations Convention which entered into force on 22 May 1982. Foreword The International Convention on Maritime Search and Rescue (SAR) was adopted by an international conference held in Hamburg

5、, Germany, in April 1979. As its title implies, this Convention is designed to improve existing arrangements and provide a framework for carrying out search and rescue operations following accidents at sea. Although many countries have their own established plans for such emergencies, this was the f

6、irst time international procedures had been adopted. The Convention entered into force in 1985. Because the Convention imposes considerable obligations on Parties, such as setting up the required shore installations, the ratification process of the Convention has been slow. It was generally agreed t

7、hat one of the reasons for the slow pace of implementation was problems with some provisions of the SAR Convention itself and that these could best be overcome by amending the Convention. The Sub-Committee on Radiocommunications and Search and Rescue (COMSAR) was therefore requested to revise the an

8、nex to the Conven- tion. A draft text was prepared and was approved by the sixty-eighth session of the Maritime Safety Committee (MSC) in May 1997, and was then adopted by resolution MSC.70(69) at the sixty-ninth session in May 1998. The revised Convention entered into force on 1 January 2000. It cl

9、arifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations. The 2000 revision applies to the annex of the Convention only. The terms and definitions contained in chapter 1 have been updated and cha

10、pter 2, which deals with organization and co-ordination, has been re-drafted to make the responsibilities of Governments clearer. Other chapters in the revised SAR Convention address co-operation between States (chapter 3) and operating procedures (chapter 4, which incorporates the previous chapters

11、 4 (Preparatory measures) and 5 (Operating procedures). The original chapter 6 (Ship reporting systems) has been updated and renumbered as chapter 5. The current publication contains the text of the revised SAR Convention as it has been further amended by resolution MSC.155(78), whch was adopted in

12、May 2004 and entered into force on 1 July 2006. . Foreword The 1979 Sm Conference resolutions are included without changes because they are part of the Final Act of the Conference itself, although most of them are either implemented or out of date. iv Contents International Convention on Maritime Se

13、arch and Rescue. 1979 Articles 1 Annex (as amended by MSC . 70(69) and MSC . 155(78) Chapter 1 . Terms and definitions . Chapter 2 . Organization and co-ordination Chapter 3 . Co-operation between States 6 7 10 12 16 Chapter 4 . Operating procedures . Chapter 5 . Shp reporting systems . Resolutions

14、adopted by the 1979 SAR Conference Resolution 1 . Arrangements for provision and co-ordination Resolution 2 . Cost to ships of participation in ship reporting Resolution 3 . Need for an internationally agreed format and procedures for ship reporting systems Resolution 4 . Search and rescue manuals R

15、esolution 5 . Frequencies for maritime search and rescue Resolution 6 . Development of a global maritime distress and Resolution 7 . Harmonization of search and rescue services of search and rescue services . 19 systems . 20 20 23 24 safety system . 24 with maritime meteorological services 25 26 Res

16、olution 8 . Promotion of technical co.operation . V International Convention on Maritime Search and Rescue, 1979 THE PARTIES TO THE CONVENTION, NOTING the great importance attached in several conventions to the rendering of assistance to persons in distress at sea and to the establishment by every c

17、oastal State of adequate and effective arrangements for coast watching and for search and rescue services, HAVING CONSIDERED Recommendation 40 adopted by the International Conference on Safety of Life at Sea, 1960, whch recognizes the desirability of co-ordinating activities regardlng safety on and

18、over the sea among a number of inter-governmental organizations, DESIMNG to develop and promote these activities by establishing an international maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea, WISHING to promote co-operation

19、 among search and rescue organizations around the world and among those participating in search and rescue operations at sea, HAVE AGREED as follows: Article I General obligations under the Convention The Parties undertake to adopt all legislative or other appropriate measures necessary to give full

20、 effect to the Convention and its annex, which is an integral part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to its annex. Article I1 Other treaties and intetpretation (1) Nothing in the Convention shall prejudice t

21、he codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750(XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nat

22、ure and extent of coastal and flag State jurisdiction. 1 SAR Convention, 1979 (2) No provision of the Convention shall be construed as prejudicing obligations or rights of vessels provided for in other international instruments. Article I11 Amendments (1) The Convention may be amended by either of t

23、he procedures specified in paragraphs (2) and (3) hereinafter. (2) Amendment after consideration within the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as the “Organization”): Any amendment proposed by a Party and transmitted to the Secretary-General of the Organiz

24、ation (hereinafter referred to as the Secretary-General), or any amendment deemed necessary by “the Secretary-General” as a result of an amendment to a corresponding provision of annex 12 to the Convention on International Civil Aviation, shall be circulated to all Members of the Organization and al

25、l Parties at least six months prior to its consideration by the Maritime Safety Committee of the Organization. Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments. A

26、mendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee on condition that at least one third of the Parties shall be present at the time of adoption of the amendment. Amendments adopted in accordance with subparagraph (c) shall be commun

27、icated by the Secretary-General to all Parties for acceptance. An amendment to an article or to paragraphs 2.1.4,2.1.5, 2.1.7, 2.1.10,3.1.2 or 3.1.3 ofthe annex shall be deemed to have been accepted on the date on which the Secretary-General has received an instrument of acceptance 6-om two thlrds o

28、f the Parties. An amendment to the annex other than to paragraphs 2.1.4, 2.1.5,2.1.7, 2.1.10, 3.1.2 or 3.1.3 shall be deemed to have been accepted at the end of one year from the date on which it is communicated to the Parties for acceptance. However, if within such period of one year more than one

29、third of the Parties notifi the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted. 2 Article III (g) , An amendment to an article or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or 3.1.3 of the annex shall enter into force: (i) with respect to thos

30、e Parties which have accepted it, six months after the date on which it is deemed to have been accepted; with respect to those Parties whch accept it after the condition mentioned in subparagraph (e) has been met and before the amendment enters into force, on the date of entry into force of the amen

31、dment; with respect to those Parties whch accept it after the date on whch the amendment enters into force, 30 days after the deposit of an instrument of acceptance. An amendment to the annex other than to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or 3.1.3 shall enter into force with respect to

32、all Parties, except those whch have objected to the amendment under subparagraph (0 and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force, any Party may give notice to the Secretary- Gene

33、ral that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee at the time of the a

34、doption of the amendment. (ii) (ii) (h) (3) Amendment by a conference: Upon the request of a Party concurred in by at least one third of the Parties, the Organization shall convene a conference of Parties to consider amendments to the Convention. Proposed amend- ments shall be circulated by the Secr

35、etary-General to all Parties at least six months prior to their consideration by the Conference. Amendments shall be adopted by such a conference by a two- thirds majority of the Parties present, and voting, on condition that at least one third of the Parties shall be present at the time of adoption

36、 of the amendment. Amendments so adopted shall be communicated by the Secretary-General to all Parties for acceptance. Unless the conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in subparagraphs

37、(2)(e), (2)(f), (2)(g), and 2(h) respectively, provided that reference in subparagraph (2)(h) to the Maritime Safety Committee expanded in accordance with subparagraph (2)(b) shall be taken to mean reference to the conference. 3 SAR Convention, 1979 (4) Any declaration of acceptance of, or objection

38、 to, an amendment or any notice gwen under subparagraph (2)(h) shall be submitted in writing to the Secretary-General who shall inform all Parties of any such submission and the date of its receipt. (5) The Secretary-General shall inform States of any amendments which enter into force, together with

39、 the date on whch each such amendment enters into force. Article IV Signature, ratijcation, acceptance, approval and accession (1) The Convention shall remain open for signature at the Headquarters of the Organization fi-om 1 November 1979 until 31 October 1980 and shall thereafter remain open for a

40、ccession. States may become Parties to the Convention 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) accession. (2) Ratification, acceptance,

41、approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. (3) The Secretary-General shall inform States of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit. Articl

42、e V Entry into force (1) which 15 States have become Parties to it in accordance with article IV. (2) Entry into force for States whch ratie, accept, approve or accede to the Convention in accordance with article IV after the condition prescribed in paragraph (1) has been met and before the Conventi

43、on enters into force, shall be on the date of entry into force of the Convention. (3) Entry into force for States which ratifi-, accept, approve or accede to the Convention after the date on which the Convention enters into force shall be 30 days after the date of deposit of an instrument in accorda

44、nce withc article IV. (4) Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to the Convention in accordance with article 111 shall apply to the Convention, as The Convention shall enter into force 12 months after the date o

45、n 4 Articles lV, V, VI, VII, VI11 amended, and the Convention, as amended, shall enter into force for a State depositing such an instrument 30 days after the date of its deposit. (5) The Secretary-General shall inform States of the date of entry into force of the Convention. Article VI Denunciation

46、(1) The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party. (2) Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General who shall notifjr States o

47、f any instrument of denunciation received and of the date of its receipt as well as the date on whch such denunciation takes effect. (3) A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General.

48、 Article VI1 Deposit and registration (1) The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to States. (2) As soon as the Convention enters into force, the Secretary-General shall transmit the text thereof to the Secretary-General of the Un

49、ited Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. Article VI11 Ldnguages The Convention is established in a single copy in the Chmese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Itahan languages shall be prepared and deposited with the signed original. DONE AT HAMBURG this twenty-seventh day of April one thousand nine hundred and seventy-nine. IN WITNESS WHEREOF the undersigned*, being duly authorized by their respective Governments for