International Conference on the Harmonized System of Recognitions and Certifications
Congreso Nacional
- Decree: 375-2005
- Published: May 28, 2010
- Issuing body: Congreso Nacional
- Gazette: 32,223
- Category: Commercial
- Type: Other
Summary
Honduras approves two international 1988 protocols on maritime safety: one to protect life at sea and another on load lines for ships. These agreements establish a harmonized system of inspections and certifications applied to all vessels, ensuring they comply with consistent international safety standards.
Considerations
That according to Article 205, numeral 30) of the Constitution of the Republic, it is the responsibility of the National Congress to approve or disapprove the international treaties that the Executive Branch has entered into. THEREFORE,
Articles
To approve in each and every one of its parts AGREEMENT No. 10-DT dated July 18, 2005, sent by the Executive Branch through the Ministry of State in the Office of Foreign Affairs, which contains the INTERNATIONAL CONFERENCE ON THE HARMONIZED SYSTEM OF RECOGNITIONS AND CERTIFICATIONS, FINAL ACT OF THE CONFERENCE WITH ITS RESOLUTIONS AND THE 1988 PROTOCOL RELATING TO THE INTERNATIONAL CONVENTION ON LOAD LINES, 1966, which literally states: "MINISTRY OF STATE IN THE OFFICE OF FOREIGN AFFAIRS. AGREEMENT No. 10-DT. Tegucigalpa, M.D.C., July 18, 2005. THE PRESIDENT OF THE REPUBLIC OF HONDURAS. HEREBY AGREES: 1. To approve in each and every one of its parts the "International Conference on the Harmonized System of Recognitions and Certifications, Final Act of the Conference with its Resolutions and the 1988 Protocol relating to the International Convention on Load Lines, 1966", and which literally states: "Final Act of the International Conference on the Harmonized System of Recognitions and Certifications. 1. In fulfillment of the decisions adopted by the Assembly of the International Maritime Organization at its fifteenth session and by the Maritime Safety Committee at its 55th session, the Organization convened an International Conference on the Harmonized System of Recognitions and Certification. The purpose of the Conference was to examine and adopt a 1988 Protocol relating to the International Convention for the Safety of Life at Sea, 1974 and a 1988 Protocol relating to the International Convention on Load Lines, 1966 in order to introduce the Harmonized System of Recognitions and Certification and other matters. 2. The Conference was held at the headquarters of the International Maritime Organization, London from October 31 to November 11, 1988. 3. Representatives of 72 States participated in the Conference, namely, representatives of: Germany, Federal Republic of the United States of America, Algeria, Philippines, Argentina, Finland, Australia, France, Bahamas, Ghana, Bangladesh, Greece, Belgium, Hungary, Brazil, India, Brunei Darussalam, Indonesia, Bulgaria, Iraq, Canada, Ireland, Colombia, Iceland, Congo, Israel, Côte d'Ivoire, Italy, Cuba, Japan, Czechoslovakia, Kenya, Chile, Kuwait, China, Liberia, Cyprus, Malaysia, Denmark, Malta, Ecuador, Morocco, Egypt, Mexico, United Arab Emirates, Nigeria, Spain, Norway, New Zealand, Romania, Netherlands, Seychelles, Panama, Singapore, Peru, Sweden, Poland, Switzerland, Portugal, Turkey, Qatar, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, Uruguay, Republic of Korea, Venezuela, German Democratic Republic, Democratic Yemen, Democratic People's Republic of Korea, Yugoslavia, Zaire, Ukrainian Soviet Socialist Republic. 4. The following States sent observers to the Conference: Saudi Arabia, Iran (Islamic Republic of), Senegal. 5. Hong Kong, an Associated Member of the Organization, sent an observer to the Conference. 6. The following organizations of the United Nations system sent representatives to the Conference: International Telecommunication Union (ITU). World Meteorological Organization (WMO). 7. The following intergovernmental organizations sent observers to the Conference: International Hydrographic Organization (IHO). International Oil Pollution Compensation Fund (IOPC). 8. The following non-governmental organizations also sent observers to the Conference: International Chamber of Shipping (ICS). International Shipping Federation (ISF). International Confederation of Free Trade Unions (ICFTU). International Radio Maritime Committee (IRMC). International Association of Ports (IAP). International Association of Classification Societies (IACS). Latin American Shipowners Association (ALAMAR). International Maritime Forum of Oil Companies (OCIMF). International Association of Navigation Institutes (IAIN). International Association of Independent Tanker Owners (INTERTANKO). 9. The Conference was opened by Mr. C.P. Srivastava, Secretary-General of the International Maritime Organization. 10. Mr. Saeed Abdulla Hussain Yafai, Head of the delegation of Democratic Yemen, was elected President of the Conference. 11. The following were elected as Vice-Presidents of the Conference: Mr. L. Baqueriza (Argentina). Mr. A. Kaloudis (Greece). Mr. S.D. Batra (India). Mr. K. Toda (Japan). Mr. B.A. Anyaeji (Nigeria). 12. The Secretariat of the Conference was constituted as follows: Secretary-General: Mr. C.P. Srivastava, Secretary-General of the Organization. Executive Secretary: Mr. Y. Sasamura Deputy Secretary-General/Director, Maritime Safety Division. Deputy Executive Secretary: Mr. F. Plaza, Deputy Senior Director, Maritime Safety Division. 13. The Conference established the following commissions with their respective Bureaus, namely: Plenary Commission President: Mr. R. van del Poel (Netherlands). Vice-Presidents: Mr. Shi Zhuanghuai (China), Mr. H. Pinon (France). Drafting Commission President: Mr. J.J. Hole (United Kingdom) Vice-Presidents: Mr. B.E. Stenmark (Sweden). Credentials Committee President: Mr. H. Van Loocke (Belgium). 14. The Conference used as the basis for its work "the following documents prepared by the Maritime Safety Committee of the Organization: the text of a draft 1988 Protocol relating to the International Convention for the Safety of Life at Sea 1974; the text of a draft 1988 Protocol relating to the International Convention on Load Lines, 1966; a draft resolution on the inventories of equipment that shall constitute the supplements of the Safety Certificate for Passenger Ships, the Safety Certificate of Equipment for Cargo Ships, the Radio Safety Certificate for Cargo Ships and the Safety Certificate for Cargo Ships; draft resolutions on recognition of certificates. 15. The Conference also examined proposals and observations on the aforementioned documents, submitted to the Conference by various Governments and interested organizations. 16. As a result of its deliberations, as recorded in the summary records of Plenary meetings, the Conference adopted the following instruments: a) 1988 Protocol relating to the International Convention for the Safety of Life at Sea, 1974. b) 1988 Protocol relating to the International Convention on Load Lines, 1966. 17. The Conference also approved the resolutions (resolutions 1 to 5) that appear in the Document attached to this Final Act. 18. The text of this Final Act, including its attached Document, has been prepared in its original text in the Arabic, Chinese, Spanish, French, English and Russian languages. The original text shall be deposited with the Secretary-General of the International Maritime Organization. 19. The Conference requested the Secretary-General to prepare in due course official translations in Arabic and Chinese of the International Convention on Load Lines, 1966. 20. The Conference requested the Secretary-General to prepare a revised official translation in Spanish of the International Convention on Load Lines, 1966, which, once examined by the interested Governments, shall replace the official Spanish translation of the Convention. 21. The Secretary-General shall transmit to the Governments of the States that were invited to send representatives to the Conference certified copies of this Final Act together with the resolutions of the Conference and certified copies of the authentic texts of the Protocols referred to in paragraph 16 above, in response to the wishes of said Governments. IN WITNESS WHEREOF the undersigned * sign this Final Act. DONE AT LONDON this eleventh day of November of one thousand nine hundred eighty-eight. _____ * Signatures are omitted." "1988 Protocol relating to the International Convention on Load Lines, 1966. THE PARTIES TO THE PRESENT PROTOCOL, BEING PARTIES to the International Convention on Load Lines, 1966, done at London on April 5, 1966, RECOGNIZING that the said Convention contributes significantly to increasing the safety of both vessels and goods at sea as well as the safety of persons aboard vessels, RECOGNIZING ALSO that it is necessary to further improve the technical provisions of the said Convention, RECOGNIZING FURTHERMORE that it is necessary to incorporate into the said Convention provisions relating to recognitions and certification, harmonized with the corresponding provisions of other international instruments, CONSIDERING that the most effective way to achieve this objective is the conclusion of a Protocol relating to the International Convention on Load Lines, 1966, AGREE: ARTICLE I. General Obligations. 1. The Parties to the present Protocol undertake to give effect to the provisions of the present Protocol and its annexes, which shall form an integral part thereof. Any reference to the present Protocol shall also be a reference to its annexes. 2. Among the Parties to the present Protocol the provisions of the International Convention on Load Lines, 1966 (hereinafter called "The Convention") shall apply, except as regards Article 29, subject to the modifications and additions set out in the present Protocol. 3. With respect to vessels which have the right to fly the flag of a State that is not a Party to the Convention or to the present Protocol, the Parties to the present Protocol shall apply the provisions of the Convention and the present Protocol to the extent necessary to ensure that such vessels are not given more favorable treatment. ARTICLE II. Existing Certificates. 1. Notwithstanding anything provided in any other provision of the present Protocol, any International Load Line Certificate in force when the present Protocol enters into force with respect to the Government of the State whose flag the vessel is entitled to fly shall retain its validity until the date on which it expires. 2. No Party to the present Protocol shall issue certificates pursuant to or in accordance with the International Convention on Load Lines, 1966, adopted on April 5, 1966. ARTICLE III. Communication of Information. The Parties to the present Protocol undertake to communicate to the Secretary-General of the International Maritime Organization (hereinafter called ("The Organization") and to deposit with him: a) the text of laws, decrees, orders, regulations and other instruments that have been promulgated on the various matters governed by the present Protocol; b) a list of the inspectors appointed for this purpose or of the organizations recognized with authority to act on behalf of such parties for purposes of application of matters relating to load lines, with a view to distributing such list among the parties for the information of their officials, and notification of the specific functions assigned to the appointed inspectors or recognized organizations and the conditions under which authority has been delegated to them; and, c) a sufficient number of specimens of the certificates that they issue pursuant to the provisions of the present Protocol. ARTICLE IV. Signature, Ratification, Acceptance, Approval and Accession. 1. The present Protocol shall be open for signature at the headquarters of the Organization from March 1, 1989 to February 28, 1990 and, after that period, shall remain open for accession. Subject to the provisions of paragraph 3), States may express their consent to be bound by the present Protocol by means of: a) signature without reservation as to ratification, acceptance or approval; or, b) signature with reservation of ratification, acceptance or approval, followed by ratification, acceptance or approval; or, c) accession. 2. Ratification, acceptance, approval or accession shall be effected by depositing with the Secretary-General of the Organization the appropriate instrument. 3. Only States that have signed the Convention without reservation or accepted it or that have acceded to it may sign the present Protocol without reservation, or accept or approve it or accede to it. ARTICLE V. Entry into Force. 1. The present Protocol shall enter into force twelve (12) months after the date on which the following conditions have been fulfilled: a) when at least fifteen (15) States whose combined merchant fleets represent not less than fifty percent (50%) of the gross tonnage of the world merchant fleet have expressed their consent to be bound by the present Protocol in accordance with the provisions of Article IV, and b) when the conditions for entry into force of the 1988 Protocol relating to the International Convention for the Safety of Life at Sea 1974 have been fulfilled. Provided that the present Protocol shall not enter into force before February 1, 1992. 2. For States that have deposited an instrument of ratification, acceptance, approval or accession with respect to the present Protocol once the conditions for entry into force thereof have been met, but before the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the present Protocol or three (3) months after the date on which the relevant instrument was deposited, if the latter is later. 3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of the present Protocol shall take effect three (3) months after the date on which it was deposited. 4. Any instrument of ratification, acceptance, approval or accession deposited after the date on which an amendment to the present Protocol or an amendment to the Convention, agreed among the Parties to the present Protocol, has been considered accepted pursuant to Article VI, shall be considered to refer to the present Protocol and the Convention in their amended form. ARTICLE VI. Amendments. 1. The present Protocol and, among the Parties to the present Protocol, the Convention, may be amended by one of the two following procedures set out below. 2. Amendment following examination within the Organization: a) Any amendment proposed by a Party to the present Protocol shall be submitted for consideration to the Secretary-General of the Organization and distributed by him to all Members of the Organization and all Contracting Governments of the Convention, at least six (6) months before it is appropriate to examine it. b) Any amendment proposed and distributed as just indicated shall be submitted to the Maritime Safety Committee of the Organization for examination. c) States that are Parties to the present Protocol, whether or not Members of the Organization, shall have the right to participate in the deliberations of the Maritime Safety Committee for examination and approval of amendments. d) For approval of amendments a two-thirds majority of the Parties to the present Protocol present and voting in the Maritime Safety Committee expanded in accordance with the provisions of subparagraph c) (and hereinafter called "The Expanded Maritime Safety Committee") shall be required, provided that at least one-third of the Parties are present when the vote is taken. e) Amendments approved in accordance with the provisions of subparagraph d) shall be sent by the Secretary-General of the Organization to all Parties to the present Protocol for acceptance. f) i) Any amendment to an article or to Annex A of the present Protocol, or any amendment, among the Parties to the present Protocol, to an article of the Convention, shall be considered accepted from the date on which two-thirds of the Parties to the present Protocol have accepted it. ii) Any amendment referred to in subparagraph f) ii) shall enter into force, with respect to all Parties to the present Protocol, except those which have rejected it in accordance with the provisions of that subparagraph and which have not withdrawn their objection, six (6) months after the date on which it is considered to have been accepted. Provided that, before the date fixed for entry into force of the amendment, any Party may notify the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. 3. Amendment by Conference: a) At the request of any Party to the present Protocol with which at least one-third of the Parties agree, the Organization shall convene a Conference of the Parties to examine possible amendments to the present Protocol and the Convention. b) Any amendment approved at such Conference by a two-thirds majority of the Parties present and voting shall be sent by the Secretary-General of the Organization to all Parties for acceptance. c) Unless the Conference decides otherwise, the amendment shall be considered accepted and shall enter into force in accordance with the procedures stipulated respectively in subparagraphs 2) and g), provided that the references in those paragraphs to the Expanded Maritime Safety Committee are understood as references to the Conference. 4. a) Any Party to the present Protocol that has accepted an amendment referred to in subparagraph 2) f) ii) when it has already entered into force shall not be obligated to extend the privileges of the present Protocol to certificates issued to vessels entitled to fly the flag of a Party State which, in accordance with the provisions of that subparagraph, has rejected the amendment and has not notified the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. 5. Amendment by Conference: a) At the request of any Party to the present Protocol with which at least one-third of the Parties agree, the Organization shall convene a Conference of the Parties to examine possible amendments to the present Protocol and the Convention. b) Any amendment approved at such Conference by a two-thirds majority of the Parties present and voting shall be sent by the Secretary-General of the Organization to all Parties for acceptance. c) Unless the Conference decides otherwise, the amendment shall be considered accepted and shall enter into force in accordance with the procedures stipulated respectively in subparagraphs 2) and g), provided that the references in those paragraphs to the Expanded Maritime Safety Committee are understood as references to the Conference. 4. a) Any Party to the present Protocol that has accepted an amendment referred to in subparagraph 2) f) ii) when it has already entered into force shall not be obligated to extend the privileges of the present Protocol to certificates issued to vessels entitled to fly the flag of a Party State which, in accordance with the provisions of that subparagraph, has rejected the amendment and has not notified the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. 6. Amendment by Conference: a) At the request of any Party to the present Protocol with which at least one-third of the Parties agree, the Organization shall convene a Conference of the Parties to examine possible amendments to the present Protocol and the Convention. b) Any amendment approved at such Conference by a two-thirds majority of the Parties present and voting shall be sent by the Secretary-General of the Organization to all Parties for acceptance. c) Unless the Conference decides otherwise, the amendment shall be considered accepted and shall enter into force in accordance with the procedures stipulated respectively in subparagraphs 2) and g), provided that the references in those paragraphs to the Expanded Maritime Safety Committee are understood as references to the Conference. 4. a) Any Party to the present Protocol that has accepted an amendment referred to in subparagraph 2) f) ii) when it has already entered into force shall not be obligated to extend the privileges of the present Protocol to certificates issued to vessels entitled to fly the flag of a Party State which, in accordance with the provisions of that subparagraph, has rejected the amendment and has not notified the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. ii) Any amendment referred to in subparagraph f) ii) shall enter into force, with respect to all Parties to the present Protocol, except those which have rejected it in accordance with the provisions of that subparagraph and which have not withdrawn their objection, six (6) months after the date on which it is considered to have been accepted and, with respect to each Party which accepts it after that date, six (6) months after the date on which it has not withdrawn its objection, insofar as such certificates are related to matters covered by the amendment in question. b) Any Party to the present Protocol that has accepted an amendment referred to in subparagraph 2) f) ii) when it has already entered into force, shall extend the privileges of the present Protocol to certificates issued to vessels entitled to fly the flag of a Party State which, in accordance with the provisions of subparagraph 2) g) ii), has notified the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. 5. Amendment by Conference: a) At the request of any Party to the present Protocol with which at least one-third of the Parties agree, the Organization shall convene a Conference of the Parties to examine possible amendments to the present Protocol and the Convention. b) Any amendment approved at such Conference by a two-thirds majority of the Parties present and voting shall be sent by the Secretary-General of the Organization to all Parties for acceptance. c) Unless the Conference decides otherwise, the amendment shall be considered accepted and shall enter into force in accordance with the procedures stipulated respectively in subparagraphs 2) and g), provided that the references in those paragraphs to the Expanded Maritime Safety Committee are understood as references to the Conference. 4. a) Any Party to the present Protocol that has accepted an amendment referred to in subparagraph 2) f) ii) when it has already entered into force, shall not be obligated to extend the privileges of the present Protocol to certificates issued to vessels entitled to fly the flag of a Party State which, in accordance with the provisions of that subparagraph, has rejected the amendment and has not notified the Secretary-General of the Organization that it is exempting itself from the obligation to give it effect for a period not exceeding one year, calculated from the date of entry into force of the amendment, or for the longer period that, at the time of approval of such amendment, a two-thirds majority of the Parties present and voting in the Expanded Maritime Safety Committee may fix. 7. In special circumstances, which the Administration shall determine, it shall not be necessary, notwithstanding the provisions of paragraphs 2), 5) and 6), that the validity of the new certificate Article 18. Form of Certificates. The present text was replaced by the following: "Certificates shall be issued in accordance with the form of the models that appear in Annex III of this Convention. If the language used is not French or English, the text shall be accompanied by a translation into one of these languages." Article 19. Duration of Certificates. The present title was replaced by the following: "Duration and Validity of Certificates" The present text was replaced by the following: "1) The International Load Line Certificate shall be issued for a period specified by the Administration, which shall not exceed five years. 2) a) Notwithstanding the provisions of paragraph 1), when the renewal survey is carried out within three months prior to the date of expiry of the existing certificate, the new certificate shall be valid, from the date on which the renewal survey is completed, for a period not exceeding five years from the date of expiry of the existing certificate. b) When the renewal survey is carried out after the date of expiry of the existing certificate, the new certificate shall be valid, from the date on which the renewal survey is completed, for a period not exceeding five years from the date of expiry of the existing certificate. c) When the renewal survey is carried out more than three months before the date of expiry of the existing certificate, the new certificate shall be valid, from the date on which the renewal survey is completed, for a period not exceeding five years from that date. 3) If a certificate is issued for a period of less than five years, the Administration may extend its validity beyond the expiry date up to the limit of the maximum period specified in paragraph 1), provided that the annual surveys mentioned in Article 14, applicable when a certificate is issued for a five-year period, have been carried out as appropriate. 4) If after the renewal survey referred to in paragraph 1) b) of Article 14 a new certificate cannot be issued to the vessel before the expiry date of the existing certificate, the person or organization carrying out the survey may extend the validity of the existing certificate for a period not exceeding five months. This extension shall be noted in the certificate and shall be granted only when no alterations have been made to the structure, equipment, arrangement, materials and scantlings that affect the freeboard. 5) If at the date of expiry of a certificate the vessel is not in a port where it is to be surveyed, the Administration may extend the validity of the certificate, but this extension shall only be granted so that the vessel may proceed on its voyage to the port where it is to be surveyed, and then only in cases where it is deemed appropriate and reasonable to do so. No certificate shall be extended for a period of more than three months, and a vessel to which such extension has been granted shall not be authorized by virtue thereof, when it arrives at the port where it is to be surveyed, to leave that port without having previously obtained a new certificate. When the renewal survey has been completed, the new certificate shall be valid for a period not exceeding five years from the date of expiry of the existing certificate before the extension was granted. 7) In special circumstances, which the Administration shall determine, it shall not be necessary, notwithstanding the provisions of paragraphs 2), 5) and 6), that the validity of the new certificate commence from the date of expiry of the existing certificate. In these special circumstances, the new certificate shall be valid for a period not exceeding five years from the date on which the renewal survey is completed. 8) When an annual survey is carried out before the period stipulated in Article 14: a) the annual expiry date shown in the certificate shall be amended by substituting a date which is not more than three months after the date on which the survey was completed; b) the subsequent annual survey required by Article 14 shall be carried out at intervals established in that article, taking into account the new annual expiry date; c) the expiry date shall remain unchanged provided that one or more annual surveys have been carried out so that the maximum intervals stipulated in Article 14 are not exceeded between the various surveys. 9) The International Load Line Certificate shall cease to be valid in any of the following cases:
- a)
if the hull or superstructures of the vessel have undergone alterations of such importance as to require the assignment of a greater freeboard;
- b)
if the fittings and appliances mentioned in Article 1) of Article 14 have not been maintained in good working order;
- c)
if the certificate does not bear an annotation indicating that the vessel has been surveyed as required by paragraph 1) c) of Article 14;
- d)
if the structural strength of the vessel has deteriorated to the point where it no longer affords the safety required. 10) The period of validity of an International Freeboard Execution Certificate issued by an Administration to a vessel granted an exception under the provisions of paragraph 2) of Article 6 shall not exceed five years. Such certificate shall be subject to a renewal, endorsement, extension and cancellation procedure similar to that provided in this article for the International Load Line Certificate; b) the validity of an International Freeboard Execution Certificate issued to a vessel that is subject to a renewal, endorsement, extension and cancellation procedure similar to that provided in this article for the International Load Line Certificate; b) the validity of an International Freeboard Execution Certificate issued to a vessel granted an exception under the provisions of paragraph 2) of Article 6 shall not exceed five years. Such certificate shall be subject to a renewal, endorsement, extension and cancellation procedure similar to that provided in this article for the International Load Line Certificate; b) a vessel granted an exception under paragraph 4) of Article 6 shall be limited to the duration of the voyage for which such certificate is issued. 11) Any certificate issued to a vessel by an Administration shall cease to be valid if the vessel changes to fly the flag of another State." Article 21. Control. In paragraph 1) c) the reference to "paragraph 3)" is replaced by "paragraph 9)." "ANNEX II. ZONES, REGIONS AND SEASONAL PERIODS. Rule 46. Winter Zones and Periodic Regions of the Northern Hemisphere. The last sentence of paragraph 1) b) is replaced by the following: "The North Atlantic Winter Periodic Zone 1, the North Atlantic Winter Periodic Region and the part of the Baltic Sea beyond the parallel corresponding to the latitude of the Skaw, in the Skagerrak shall be excluded from this zone. The Shetland Islands shall be considered situated at the boundary between the North Atlantic Winter Periodic Zones I and II. Seasonal periods: WINTER: November 1 to March 31. SUMMER: April 1 to October 31". Rule 47. Winter Periodic Zone of the Southern Hemisphere. At the end of the paragraph, the words "to the western coast of the American continent" are replaced by "to the point of latitude 33° S and longitude 79° W, then the loxodrome to the point of latitude 41° S and longitude 75° W, then the loxodrome to the Punta Corona lighthouse, Chiloé island, latitude 41° 47'S and longitude 73° 53'W, then, parallel to the northern, eastern and southern coasts of the Chiloé island, to the point of latitude 43° 20'S and longitude 74° 20'W, then along the meridian 74° 20'W to the parallel 45° 45'S, including the interior zone of the Chiloé channels from the meridian 74° 20'W eastward". Rule 48. Tropical Zone. At the end of the first subparagraph of paragraph 2), the words "and the loxodrome from this last point to the western coast of the American continent at a latitude of 30°S." are replaced by "the loxodrome from this point to the point of latitude 32° 47'S and longitude 72°W and from this point the parallel of latitude 32° 47'S to the western coast of South America. The loxodrome is deleted from the southern boundary of the tropical zone from the point of latitude 26°S and longitude 75°W to the western coast of South America at the latitude of 30°S. A loxodrome is drawn from the point of latitude 26°S and longitude 75°W to the point of latitude 32° 47'S and longitude 72°W and then the parallel of latitude 32° 47'S to the western coast of South America." In the second subparagraph of paragraph 2) the word "Coquimbo" is replaced by the word "Valparaiso". Rule 49. Periodic Tropical Regions. In paragraph 4) b) the words "to longitude 120° E and from here along the meridian of longitude 120° E to the coast of Australia" are replaced by "to longitude 114° E and from here along the meridian of longitude 114° E to the coast of Australia". MAP OF ZONES AND PERIODIC REGIONS. The words "WINTER PERIODIC ZONE" where they indicate the area along the eastern coast of the United States are replaced by "WINTER PERIODIC REGION". The first part of these amendments does not affect the Spanish text. In all parts of the map where the expression "TROPICAL PERIODIC ZONE" appears, it is replaced by "TROPICAL PERIODIC REGION". In the note the word "western" is replaced by "eastern". The boundary of the tropical periodic zone of the coast of Australia is moved from the longitude of 120°E to the longitude of 114°E. The southern boundary line of the summer zone of the Southern Hemisphere from the point of latitude 33°S and longitude 79°W, eastward, to the western coast of the American continent is deleted. A loxodrome is drawn from said point of latitude 33°S and longitude 79°W to the point of latitude 41°S and longitude 75°W; from this point a loxodrome is drawn to the Punta Corona lighthouse on the Chiloé island, latitude 41°47'S and 73°53'W; from this point the north, east and south coasts of Chiloé island are marked as boundaries to the point of latitude 43°20'S and longitude 74°20W, the meridian of longitude 74°20'W to the parallel of latitude 45°45'S, and this parallel to the western coast of South America. The loxodrome is deleted from the southern boundary of the tropical zone from the point of latitude 26°S and longitude 75°W to the western coast of South America at the latitude of 30°S. A loxodrome is drawn from the point of latitude 26°S and longitude 75°W to the point of latitude 32°47'S and longitude 72°W and then the parallel of latitude 32°47'S to the western coast of South America." "ANNEX III. CERTIFICATES. The existing models of the International Load Line Certificate, 1966 and the International Freeboard Execution Certificate shall be replaced by the following: "Model of the International Load Line Certificate. INTERNATIONAL LOAD LINE CERTIFICATE. (Official Seal) (State). Issued in accordance with the provisions of the INTERNATIONAL CONVENTION ON LOAD LINES, 1966, in its form modified by the corresponding 1988 Protocol, With the authority conferred by the Government of (name of State) by (authorized person or organization) Data relating to the vessel 1 Name of vessel................................................................ Distinctive number or letters........................................................ 1 Data relating to the vessel may also be indicated in boxes arranged horizontally. Port of Registry................................................................ Length (L) as defined in Article 2 8) (in meters)................. IMO Number 2................................................................... Freeboard assigned as: 3 Type of vessel 3 New vessel Type 'A' Type 'B' Existing vessel Type 'B' with reduced freeboard Type 'B' with increased freeboard Freeboard measured from the 4 Deck line layout 4 Tropical line .........mm (T) ......mm above (V) Summer .............mm(V) Upper edge of the line Summer line passing through the center of Ring Winter ..........mm(I) ......mm below (V) North Atlantic winter....mm(ANI) ...mm below (V) Tropical wood mm(MT) .nm above(MV) Summer wood..mm(MV) ... mm above (V) Winter wood..mm(MI) ... mm below (MV) Wood North Atlantic winter.. mm (MANI) ....mm below (MV) 2 In accordance with Resolution A.600(15) "System for the allocation of an IMO number to ships for identification", the inclusion of this data is voluntary. 3 Strike out as appropriate. 4 It is not necessary to enter in the certificate freeboards and load lines that are not applicable. Compartment load lines may be entered in the certificate on a voluntary basis. Reduction in fresh water for all freeboards other than timber ....... mm. For timber freeboard ....... mm. The upper edge of the deck line mark, from which these freeboards are measured is at ...mm from the deck.... on the side. [Diagram showing MTD, MD, MT, MV, MI, MANI, TD, D, T, V, I, ANI around a circle] IT IS HEREBY CERTIFIED: 1 That the vessel has been surveyed in accordance with the provisions of Article 14 of the Convention. 2 That the survey has shown that the freeboards have been assigned and the load lines marked as indicated above in accordance with the provisions of the Convention. This certificate is valid until..................................................... 5 provided that the annual surveys are carried out in accordance with the provisions of Article 14 1) c) of the Convention. Issued at.................................................................................................... (place of issue of certificate) (date of issue) (signature of authorized official issuing the certificate) (seal or stamp of the authority) NOTES:
- 1)
When a vessel departs from a port situated in a river or in inland waters, it shall be permitted to load to a greater draft corresponding to the weight of fuel and other provisions necessary for consumption between the point of departure and the sea. 2. When a vessel navigates in fresh water of density equal to unity, the load line corresponding to it may be submerged by the amount corresponding to the fresh water allowance indicated above. When the density is different from unity, an allowance shall be made proportionally to the difference between 1.025 and the actual density. 5 Insert the expiry date specified by the Administration in accordance with Article 19 1) of the Convention. The day and month of this date correspond to the annual expiry date as defined in Article 2 9) of the Convention, unless that date is altered in accordance with Article 19 8) of the said Convention. Endorsement of Annual Surveys IT IS HEREBY CERTIFIED that at the annual survey carried out in accordance with the provisions of Article 14 1) c) of the Convention, it has been verified that the vessel complies with the relevant requirements thereof. Annual survey: Signed...................................................... (signature of authorized official) Place............................................................ Date............................................................ (seal or stamp of the authority) Annual survey: Signed...................................................... (signature of authorized official) Place............................................................ Date............................................................ (seal or stamp of the authority) Annual survey: Signed...................................................... (signature of authorized official) Place ..................................................... Date............................................................ (seal or stamp of the authority) Annual survey in accordance with Article 19 8) c) IT IS HEREBY CERTIFIED that at the survey carried out in accordance with the provisions of Article 19 8) c) of the Convention, it has been verified that the vessel complies with the relevant requirements thereof. Signed...................................................... (signature of authorized official) Place............................................................ Date............................................................ (seal or stamp of the authority) Endorsement to extend the certificate if its validity is less than five years, when Article 19 3) is applicable The vessel complies with the relevant requirements of the Convention, and this certificate shall be accepted as valid, in accordance with the provisions of Article 19 3) of the Convention, until.......... Signed...................................................... (signature of authorized official) Place ............................................................. Date ............................................................. (seal or stamp of the authority) Endorsement when, the renewal survey having been carried out, Article 19 4) is applicable The vessel complies with the relevant requirements of the Convention, and this certificate shall be accepted as valid, in accordance with the provisions of Article 19 4) of the Convention, until......... Signed...................................................... (signature of authorized official) Place............................................................ Date............................................................ (seal or stamp of the authority) Endorsement to extend the validity of the certificate until arrival at the survey port or for a period of grace, when Article 19 5) or Article 19 6) is applicable. This certificate shall be accepted as valid, in accordance with the provisions of Article 19 5)/19 6) 3) of the Convention, until. Signed...................................................... (signature of authorized official) Place ............................................................. Date ............................................................. (seal or stamp of the authority) Endorsement to advance the annual expiry date when Article 19 8) is applicable In accordance with Article 19 8) of the Convention the new annual expiry date is...................................................... Signed...................................................... (signature of authorized official) Place ............................................................. Date ............................................................. (seal or stamp of the authority) In accordance with Article 19 8) of the Convention the new annual expiry date is..................................................... Signed...................................................... (signature of authorized official) Place............................................................ Date............................................................ (seal or stamp of the authority) 3 Strike out as appropriate. Attached Document "Resolution 1. Ratification, Acceptance and Approval of the 1988 Protocol relating to SOLAS and the 1988 Protocol relating to the Load Lines Convention and Accession thereto. THE CONFERENCE, HAVING ADOPTED the 1988 Protocol relating to the International Convention for the Safety of Life at Sea, 1974 (1988 Protocol relating to SOLAS) and the 1988 Protocol relating to the International Convention on Load Lines, 1966 (1988 Protocol relating to the Load Lines Convention) by which, among other things, the Harmonized System of Recognitions and Certification is introduced pursuant to the International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974 Convention) and the International Convention on Load Lines, 1966 (Load Lines Convention), RECOGNIZING that neither the 1988 Protocol relating to SOLAS nor the 1988 Protocol relating to the Load Lines Convention can enter into force unless both have been ratified, accepted, approved or acceded to by at least 15 States, representing at least 50% of the world merchant fleet, RECOGNIZING ALSO that States may ratify, accept or approve the 1988 Protocol relating to SOLAS and the 1988 Protocol relating to the Load Lines Convention, or accede to them independently and at different times, DESIRING that the 1988 Protocol relating to SOLAS and the 1988 Protocol relating to the Load Lines Convention enter into force as soon as possible, URGES Governments to ratify, accept or approve the 1988 Protocol relating to SOLAS and the 1988 Protocol relating to the Load Lines Convention, or to accede to them, as soon as possible and at the same time." "Resolution 2. Recognition by Contracting Governments of the SOLAS 1974 Convention of Certificates Issued pursuant to the SOLAS 1974 Convention, in its form as modified by the 1988 Protocol relating thereto. THE CONFERENCE, HAVING ADOPTED the 1988 Protocol relating to the International Convention for the Safety of Life at Sea, 1974 (1988 Protocol relating to SOLAS) by which, among other things, Chapter I of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974 Convention) is modified, so as to ensure uniformity in the periods of validity of certificates and in the intervals between surveys required under the SOLAS 1974 Convention and the Load Lines Convention, 1966, RECOGNIZING that the Parties to the 1988 Protocol relating to the Load Lines Convention shall issue certificates pursuant to the provisions of the Load Lines Convention, 1966, in the form prescribed by the 1988 Protocol relating to the Load Lines Convention, URGES Governments that are Contracting Governments of the SOLAS 1974 Convention to become Parties to the 1988 Protocol relating to SOLAS as soon as possible;
- 2)
INVITES Governments that, being Contracting Governments of the SOLAS 1974 Convention, are not Parties to the 1988 Protocol relating to SOLAS, to grant, from the date of entry into force of the latter,
- 1)
The present Decree shall enter into force from the day of its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twentieth day of the month of January of two thousand and six. PORFIRIO LOBO SOSA PRESIDENT JUAN ORLANDO HERNÁNDEZ A. SECRETARY GILLIAM GUIFARRO MONTES DE OCA SECRETARY To the Executive Branch, Therefore: Execute it. Tegucigalpa, M.D.C., of of 2006. PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Foreign Affairs. Sanctioned in Application of Article 216, Second Paragraph of the Constitution of the Republic.
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