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第126/82號國令

第126/82號命令

十一月九日

政府依據憲法第二百條c項之規定，命令如下：

獨一條——通過對《國際海事組織公約》之修正條款，以待批准。該等修正條款係經「國際海事組織」大會第十次及第十一次會議A.400（X）及A.450（XI）決議通過者，決議之英文本及有關葡文譯本，附於本命令內。

一九八二年九月二十三日於部長會議內檢閱及通過。

鮑仕民

一九八二年十月二十九日簽署。

命令公布。

共和國總統 恩尼斯

RESOLUÇÃO A.400 (X)

RESOLUÇÃO A.45O (XI)

RESOLUTION A.400 (X)

Adopted on 7th November 1977

Amendments to the Convention on the Inter-Governmental Maritime Consultative Organization

Article I

i) The text of paragraph a) is replaced by the following:

a) To provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the highest practicable standards in matters concerning maritime safety, efficiency of navigation and prevention and control of marine pollution from ships, and to deal with administrative and legal matters related to the purposes set out in this article;

ii) The text of paragraph d) is replaced by the following:

d) To provide for the consideration by the Organization of any matters concerning shipping and the effect of shipping on the marine environment that may be referred to it by any organ or specialized agency of the United Nations.

Article 2

The text is deleted.

Articles 3 to 31 are renumbered as articles 2 to 30.

Article 3

(Renumbered as article 2)

The text is replaced by the following:

In order to achieve the purposes set out in Part I, the Organization shall:

a) Subject to the provisions of article 3, consider and make recommendations upon matters arising under article 1, paragraph a), b) and c), that may be remitted to it by Members, by organ or specialized agency of the United Nations or by any other inter-governmental organization or upon matters referred to it under article 1, paragraph d);

b) Provide for the drafting of conventions, agreements, or other suitable instruments, and recommend these to Governments and to inter-governmental organizations, and convene such conferences as may be necessary;

c) Provide machinery for consultation among Members and the exchange of information among Governments;

d) Perform functions arising in connexion with paragraphs a), b) and c) of this article, in particular those assigned to it by or under international instruments relating to maritime matters and the effect of shipping on the marine environment;

e) Facilitate as necessary, and in accordance with Part X, technical co-operation within the scope of the Organization

Article 12

(Renumbered as article 11)

The text is replaced by the following:

The Organization shall consist of an Assembly, a Council, a Maritime Safety Committee, a Legal Committee, a Marine Environment Protection Committee, a Technical Co-operation Committee and such subsidiary organs as the Organization may at any time consider necessary and a Secretariat.

Article 16

(Renumbered as article 15)

The text is replaced by tfhe following:

The functions of the Assembly shall be:

a) To elect at each regular session from among its Members, other than Associate Members, its President and two Vice-Presidents who shall hold office until the next regular session;

b) To determine its own rules of procedure except as otherwise provided in the Convention;

c) To establish any temporary or, upon recommendation of the Council, permanent subsidiary bodies it may consider to be necessary;

d) To elect the Members to be represented on the Council as provided in article 17;

e) To receive and consider the reports of the Council and to decide upon any question referred to it by the Council;

f) To approve the work programme of the Organization;

g) To vote the budget and determine the financial arrangements of the Organization, in accordance with Part XII;

h) To review the expenditures and approve the accounts of the Organization;

i) To perform the functions of the Organization, provided that in matters relating to article 2, paragraphs a) and b), the Assembly shall refer such matters to the Council for formulation by it of any recommendations or instruments thereon; provided further that any recommendations or instruments submitted to the Assembly by the Council and not accepted by the Assembly shall be referred back to the Council for further consideration with such observations as the Assembly may make;

j) To recommend to Members for adoption regulations and guidelines concerning maritime safety, the prevention and control of marine pollution from ships and other matters concerning the effect of shipping on the marine environment assigned to the Organization by or under international instruments, or amendments to such regulations and guidelines which have been referred to it;

k) To take such action as it may deem appropriate to promote technical co-operation in accordance with article 2, paragraph e), taking into account the special needs of developing countries;

l) To take decisions in regard to convening any international conference or following any other appropriate procedure for the adoption of international conventions or of amendments to any international conventions which have been developed by the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee, or other organs of the Organization;

m) To refer to the Council for consideration or decision any matters within the scope of the Organization, except that the function of making recommendations under paragraph j) of this article shall not be delegated.

Article 22

(Renumbered as article 21)

The text is replaced by the following:

a) The Council shall consider the draft work programme and budget estimates prepared by the Secretary-General in the light of the proposals of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee and other organs of the Organization and, taking these into account, shall establish and submit to the Assembly the work programme and budget of the Organization, having regard to the general interest and priorities of the Organization;

b) The Council shall receive the reports, proposals and recommendations of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee and other organs of the Organization and shall transmit them to the Assembly and, when the Assembly is not in session, to the Members for information, together with the comments and recommendations of the Council.

c) Matters within the scope of articles 28, 33, 38 and 43 shall be considered by the Council only after obtaining the views of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, or the Technical Co-operation Committee, as may be appropriate.

Article 26

(Renumbered as article 25)

The text is replaced by the following:

a) The Council may enter into agreements or arrangements covering the relationship of the Organization with other organizations, as provided for in part XV. Such agreements or arrangements shall be subject to approval by the Assembly;

b) Having regard to the provisions of part XV and to the relations maintained with other bodies by the respective committees under articles 28, 33, 38 and 43, the Council shall, between sessions of the Assembly, be responsible for relations with other organizations.

New articles 32 to 42

[Added pursuant to Resolution A.315 (ES.V) and Resolution A. 358 (IX).]

(These articles are renumbered as articles 31 to 41.)

Article 29, paragraph c)

[Adopted by Resolution A.358 (IX), to be renumbered as article 28, paragraphe c), is amended by the inclusion or a reference to the Assembly.]

Article 34, paragraph c)

[Adopted by Resolution A. 358 (IX), to be renumbered as article 33, paragraph c), is amended by the inclusion of a reference to the Assembly.]

New Part X

A new Part X, consisting of new articles 42 to 46, is added after Parts VIII and IX [added by Resolution A.358 (IX)] as follows:

PART X

Technical Co-operation Committee

ARTICLE 42

The Technical Co-operation Committee shall consist of all the Members.

ARTICLE 43

a) The Technical Co-operation Committee shall consider, as appropriate, any matter within the scope of the Organization concerned with the implementation of technical co-operation projects funded by the relevant United Nations programme for which the Organization acts as the executing or co-operating agency or by funds-in-trust voluntarily provided to the Organization, and any other matters related to the Organization’s activities in the technical co-operation field;

b) The Technical Co-operation Committee shall keep under review the work of the Secretariat concerning technical co-operation;

c) The Technical Co-operation Committee shall perform those functions assigned to it by this Convention or by the Assembly or the Council, or any duty within the scope of this article which may be assigned to it by or under any other international instrument and accepted by the Organization;

d) Having regard to the provisions of article 25, the Technical Co-operation Committee, upon request by the Assembly and Council or, if it deems such action useful in the interests of its own work, shall maintain such close relationships with other bodies as may further the purposes of the Organization.

ARTICLE 44

The Technical Co-operation Committee shall submit to the Council:

a) Recommendations which the Committee has developed;

b) A report on the work of the Committee since the previous session of the Council.

ARTICLE 45

The Technical Co-operation Committee shall meet at least once a year. It shall elect its officers once a year and shall adopt its own rules of procedure.

ARTICLE 46

Notwithstanding anything to the contrary in this Convention, but subject to the provisions of article 42, the Technical Co-operation Committee, when exercising the functions conferred upon it by or under any international convention or other instrument, shall conform to the relevant provisions of the convention or instrument in question, particularly as regards the rules governing the procedures to be followed.

Parts VIII to XVII

[Renumbered as Parts X to XIX pursuant to Resolution A.358 (IX)] are renumbered as Parts XI to XX.

Articles 33 to 63

(Renumbered as articles 43 to 73 pursuant to Resolution A. 315 (ES.V) and Resolution A. 358 (IX)] are renumbered as articles 47 to 77.

Article 42

(Renumbered as article 41 by Resolution A.315 (ES.V) and as article 52 by Resolution A.358 (IX)] is renumbered as article 56 and replaced by the following text:

Any Member which fails to discharge its financial obligation to the Organization within one year from the date on which it is due, shall have no vote in the Assembly, the Council, the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee or the Technical Co-operation Committee unless the Assembly, at its discretion, waives this provision.

Article 43

(Renumbered as article 42 by Resolution A.315 (ES.V) and as article 53 by Resolution A.358 (IX)] is renumbered as article 57 and replaced by the following text:

Except an otherwise provided in the Convention or in any international agreement which confers functions on the Assembly, the Council, the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, or the Technical Co-operation Committee, the following provisions shall apply to voting in these organs:

a) Each Member shall have one vote:

b) Decisions shall be by a majority vote of the Members present and voting and, for decisions where a two-thirds majority vote is required, by a two-thirds majority vote of those present;

c) For the purpose of the Convention, the phrase «Members present and voting» means «Members present and casting an affirmative or negative vote». Members which abstain from voting shall be considered as not voting.

Article 45

(Renumbered as article 44 by Resolution A.315 (ES.V) and as article 55 by Resolution A.358 (IX)] is renumbered as article 59 and replaced by the following text:

The Organization shall be brought into relationship with the United Nations in accordance with article 57 of the Charter of the United Nations as the specialized agency in the field of shipping and the effect of shipping on the marine environment. This relationship shall be effected through an agreement with the United Nations under article 63 of the Charter of the United Nations, which agreement shall be concluded as provided in article 25.

Article 52

[Renumbered as article 51 by Resolution A.315 (ES.V) and as article 62 by Resolution A.358 (IX)] is renumbered as article 66 and replaced by the following text:

Texts of proposed amendments to the Convention shall be communicated by the Secretary-General to Members at least six months in advance of their consideration by the Assembly. Amendments shall be adopted by a two-thirds majority vote of the Assembly. Twelve months after its acceptance by two-thirds of the Members of the Organization, other than Associate Members, each amendment shall come into force for all Members.

The articles referred to in the following articles are changed as follows:

Article 6 (now renumbered as article 5): the reference to article 57 is changed to article 71.

Article 7 (now renumbered as article 6): the reference to article 57 is changed to article 71.

Article 8 (now renumbered as article 7): the references to articles 6, 7 and 57 are changed to articles 5, 6 and 71.

Article 9 (now renumbered as article 8): the reference to article 58 is changed to article 72.

Article 19 (now renumbered as article 18): the reference to article 17 is changed to article 16.

Article 27 (now renumbered as article 26): the reference to article 16, paragraph i), is changed to article 15, paragraph j).

Article 29 [amended by Resolution A.358 (IX), now renumbered as article 28]: the reference to Part XII is changed to article 25.

Article 32 [added by Resolution A.358 (IX), now renumbered as article 31]: the reference to article 28 is changed to article 27.

Article 34 [added by Resolution A.358 (IX), now renumbered as article 33]: the reference in paragraph c) to article 26 is changed to article 25.

Article 37 [added by Resolution A.358 (IX), now renumbered as article 36]: the reference to article 33 is changed to article 32.

Article 39 [added by Resolution A.358 (IX), now renumbered as article 38]: the references in paragraphs d) and e) to article 26 are changed to article 25.

Article 42 [added by Resolution A.358 (IX), now renumbered as article 41]: the reference to article 38 is changed to article 37.

Article 33 (now renumbered as article 47): the reference to article 23 is changed to article 22.

Article 53 (now renumbered as article 67): the reference to article 52 is changed to article 66.

Article 54 (now renumbered as article 68): the reference to article 52 is changed to article 66.

Article 56 (now renumbered as article 70): the reference to article 55 is changed to article 69.

Article 58 (now renumbered as article 72): the reference in paragraph d) to article 57 is changed to article 71.

Article 59 (now renumbered as article 73). the reference in paragraph b) to article 58 is changed to article 72.

Article 60 (now renumbered as article 74): the reference to article 57 is changed to article 71.

APPENDIX II

The reference to article 51 is changed to article 65.

RESOLUTION A.450 (XI)

Adopted on 15th November 1979

Amendments to the Convention on the Inter-Governmental Maritime Consultative Organization

The existing text of article 17 (renumbered as article 16 under the 1977 amendments) is replaced by the following:

The Council shall be composed of thirty-two Members elected by the Assembly.

The existing text of article 18 (renumbered as article 17 under the 1977 amendments) is replaced by the following:

In electing the Members of the Council, the Assembly shall observe the following criteria:

a) Eight shall be States with the largest interest in providing international shipping services;

b) Eight shall be other States with the largest interest in international seaborne trade;

c) Sixteen shall be States not elected under paragraphs a) or b) above which have special interest in maritime transport or navigation, and whose election to the Council will ensure the representation of all major geographic areas of the world.

The existing text of article 20 (renumbered as article 19 under the 1977 amendments) is replaced by the following:

a) The Council shall elect its Chairman and adopt its own rules of procedure except as otherwise provided in the Convention;

b) Twenty-one Members of the Council shall constitute a quorum;

c) The Council shall meet upon one month’s notice as often as may be necessary for the efficient discharge of its duties upon the summons of its Chairman or upon request by not less than four of its Members. It shall meet at such places as may be convenient.

The existing text of article 51 (renumbered as article 66 under the 1977 amendments) is replaced by the following:

Texts of proposed amendments to the Convention shall be communicated by the Secretary-General to Members at least six months in advance of their consideration by the Assembly. Amendments shall be adopted by a two-thirds majority vote of the Assembly. Twelve months after its acceptance by two-thirds of the Members of the Organization, other then Associate Members, each amendment shall come into force for all Members. If within the first sixty days of this period of twelve months a Member gives notification of withdrawal from the Organization on account of an amendment the withdrawal shall, notwithstanding the provisions of article 58 of the Convention, take effect on the date on which such amendment comes into force.