2003. évi LXXIX. törvény

a Nemzetközi Tengerészeti Szervezetről szóló 1948. évi egyezménynek az 1993. évi módosításokkal egységes szerkezetbe foglalt szövegének kihirdetéséről1

1. § Az Országgyűlés a Nemzetközi Tengerészeti Szervezetről szóló 1948. évi egyezménynek a Nemzetközi Tengerészeti Szervezet Közgyűlésének 18. ülésszakán az A.735 (18) számú határozattal 1993. november 4. napján elfogadott módosításokkal egységes szerkezetbe foglalt szövegét e törvénnyel kihirdeti.

(A Magyar Köztársaság módosításokat elfogadó okiratának letétbe helyezése a Nemzetközi Tengerészeti Szervezet főtitkáránál 2000. május 12. napján megtörtént. A módosítások 2000. november 7. napján léptek hatályba.)

2. § A Nemzetközi Tengerészeti Szervezetről szóló 1948. évi egyezménynek az 1993. évi módosításokkal egységes szerkezetbe foglalt szövegének eredeti angol nyelvű szövege és hivatalos magyar nyelvű fordítása a következő:

«Convention on the International Maritime Organisation

The States Parties to the present Convention hereby establish the International Maritime Organisation (hereinafter referred to as „the Organisation”).

Part I

PURPOSES OF THE ORGANISATION

Article 1

The purposes of the Organisation are:

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 the 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;

b) to encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade so as to promote the availability of shipping services to the commerce of the world without discrimination; assistance and

encouragement given by a Government for the development of its national shipping and for purposes of security does not in itself constitute discrimination, provided that such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in international trade;

c) to provide for the consideration by the Organisation of matters concerning unfair restrictive practices by shipping concerns in accordance with part II;

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

e) to provide for the exchange of information among Governments on matters under consideration by the Organisation.

Part II

FUNCTIONS

Article 2

In order to achieve the purposes set out in part I, the Organisation shall:

a) subject to the provisions of Article 3, consider and make recommendations upon matters arising under Article 1a), b) and c) that may be remitted to it by Members, by any organ or specialised agency of the United Nations or by any other intergovernmental organisation or upon matters referred to it under Article 1d);

b) provide for the drafting of conventions, agreements, or other suitable instruments, and recommend these to Governments and to intergovernmental organisations, 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 connection 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 Organisation.

Article 3

In those matters which appear to the Organisation capable of settlement through the normal processes of international shipping business the Organisation shall so recommend. When, in the opinion of the Organisation, any matter concerning unfair restrictive practices by shipping concerns is incapable of settlement through the normal processes of international shipping business, or has in fact so proved, and provided it shall first have been the subject of direct negotiations between the Members concerned, the Organisation shall, at the request of one of those Members, consider the matter.

Part III

MEMBERSHIP

Article 4

Membership in the Organisation shall be open to all States, subject to the provisions of part III.

Article 5

Members of the United Nations may become Members of the Organisation by becoming Parties to the Convention in accordance with the provisions of Article 71.

Article 6

States not Members of the United Nations which have been invited to send representatives to the United Nations Maritime Conference convened in Geneva on 19 February 1948, may become Members by becoming Parties to the Convention in accordance with the provisions of Article 71.

Article 7

Any State not entitled to become a Member under Article 5 or 6 may apply through the Secretary-General of the Organisation to become a Member and shall be admitted as a Member upon its becoming a Party to the Convention in accordance with the provisions of Article 71 provided that, upon the recommendation of the Council, its application has been approved by two thirds of the Members other than Associate Members.

Article 8

Any Territory or group of Territories to which the Convention has been made applicable under Article 72, by the Member having responsibility for its international relations or by the United Nations, may become an Associate Member of the Organisation by notification in writing given by such Member or by the United Nations, as the case may be, to the Secretary-General of the United Nations.

Article 9

An Associate Member shall have the rights and obligations of a Member under the Convention except that it shall not have the right to vote or be eligible for membership on the Council and subject to this the word „Member” in the Convention shall be deemed to include Associate Member unless the context otherwise requires.

Article 10

No State or Territory may become or remain a Member of the Organisation contrary to a resolution of the General Assembly of the United Nations.

Part IV

ORGANS

Article 11

The Organisation 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 Organisation may at any time consider necessary; and a Secretariat.

Part V

THE ASSEMBLY

Article 12

The Assembly shall consist of all the Members.

Article 13

Regular sessions of the Assembly shall take place once every two years. Extraordinary sessions shall be convened after a notice of sixty days whenever one third of the Members give notice to the Secretary-General that they desire a session to be arranged, or at any time if deemed necessary by the Council, after a notice of sixty days.

Article 14

A majority of the Members other than Associate Members shall constitute a quorum for the meetings of the Assembly.

Article 15

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 Organisation;

g) to vote the budget and determine the financial arrangements of the Organisation, in accordance with part XII;

h) to review the expenditures and approve the accounts of the Organisation;

i) to perform the functions of the Organisation, provided that in matters relating to Article 2a) 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 Organisation 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(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 Organisation;

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

Part VI

THE COUNCIL

Article 16

The Council shall be composed of forty Members elected by the Assembly.

Article 17

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

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

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

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

Article 18

Members represented on the Council in accordance with Article 16 shall hold office until the end of the next regular session of the Assembly. Members shall be eligible for re-election.

Article 19

a) The Council shall elect its Chairman and adopt its own Rules of Procedure except as otherwise provided in the Convention.

b) Twenty-six 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.

Article 20

The Council shall invite any Member to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 21

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 Organisation and, taking these into account, shall establish and submit to the Assembly the work programme and budget of the Organisation, having regard to the general interest and priorities of the Organisation.

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 Organisation 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 22

The Council, with the approval of the Assembly, shall appoint the Secretary-General. The Council shall also make provision for the appointment of such other personnel as may be necessary, and determine the terms and conditions of service of the Secretary-General and other personnel, which terms and conditions shall conform as far as possible with those of the United Nations and its specialised agencies.

Article 23

The Council shall make a report to the Assembly at each regular session on the work performed by the Organisation since the previous regular session of the Assembly.

Article 24

The Council shall submit to the Assembly financial statements of the Organisation, together with the Council’s comments and recommendations.

Article 25

a) The Council may enter into agreements or arrangements covering the relationship of the Organisation with other organisations, 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 organisations.

Article 26

Between sessions of the Assembly, the Council shall perform all the functions of the Organisation, except the function of making recommendations under Article 15j). In particular, the Council shall co-ordinate the activities of the organs of the Organisation and may make such adjustments in the work programme as are strictly necessary to ensure the efficient functioning of the Organisation.

Part VII

MARITIME SAFETY COMMITTEE

Article 27

The Maritime Safety Committee shall consist of all the Members.

Article 28

a) The Maritime Safety Committee shall consider any matter within the scope of the Organisation concerned with aids to navigation, construction and equipment of vessels, manning from a safety standpoint, rules for the prevention of collisions, handling of dangerous cargoes, maritime safety procedures and requirements, hydrographic information, log-books and navigational records, marine casualty investigation, salvage and rescue, and any other matters directly affecting maritime safety.