Verdrag inzake het vergemakkelijken van het internationale verkeer ter zee

For the purpose of the provisions of this Annex, the following meanings shall be attributed to the terms listed:
Actual time of arrival (ATA). The date and time when a ship first comes to rest, whether at an anchorage or at a dock, in a port.
Actual time of departure (ATD). The date and time when a ship departs from a location, whether from an anchorage or from a dock, in a port.
Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.
Authenticate. To establish and verify a claimed identity of the information provider or to verify the authenticity of the exchanged message(s).
Cargo. Any goods, wares, merchandise and articles of every kind whatsoever carried on a ship, other than mail, ship’s stores, ship’s spare parts, ship’s equipment, cargo transport units not carried under a contract of carriage with a shipper, crew’s effects and passengers’ accompanied baggage.
Cargo transport unit (CTU). A freight container, swap-body, vehicle, railway wagon or any other similar unit.
Clearance. Accomplishment of customs and other formalities necessary to: a) permit goods to be imported, to be exported or to be placed under another customs procedure (so called customs clearance);
b) permit persons to enter the territory of a State; or
c) permit a ship to enter or depart a port within the territory of a State.
a) permit goods to be imported, to be exported or to be placed under another customs procedure (so called customs clearance);
b) permit persons to enter the territory of a State; or
c) permit a ship to enter or depart a port within the territory of a State.
Crew’s effects. Clothing, personal items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship.
Crew member. Any person employed for duties on board during a voyage in the working or service of a ship and included in the Crew List.
Cruise ship. A ship on an international voyage carrying passengers accommodated aboard, for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally: a) embark or disembark any other passengers;
b) load or discharge any cargo.
a) embark or disembark any other passengers;
b) load or discharge any cargo.
Declaration. Information provided by electronic means or, in exceptional circumstances, by non-electronic means to fulfil reporting requirements in accordance with Standard 2.1.
Estimated time of arrival (ETA). The date and time when a ship is expected to arrive at a specific geographical position, e.g. a port, an anchorage or a pilot boarding area in the vicinity of the port.
Estimated time of departure (ETD). The date and time when a ship is expected to depart from a specific geographical position, e.g. a port or an anchorage in the vicinity of the port.
Freight container. An article of transport equipment that is of a permanent character and accordingly strong enough to be suitable for repeated use; specially designed to facilitate the transport of goods, by one or other modes of transport, without intermediate reloading: designed to be secured and/or readily handled, having fittings for these purposes, and approved in accordance with the International Convention for Safe Containers (CSC), 1972, as amended. The term “freight container” includes neither vehicle nor packaging; however, a freight container that is carried on a chassis is included.
Manifest. Summary of various information from bills of lading and other transport documents issued for the carriage of goods on board ships.
Master. The person having command of a ship.
Passenger in transit. A passenger who arrives by ship from a foreign country for the purpose of continuing his or her journey by ship or some other means of transport to a foreign country.
Passengers’ accompanied baggage. Property, which may include currency, carried for a passenger on the same ship as the passenger, whether in his or her personal possession or not, so long as it is not carried under a contract of carriage of goods or other similar agreement.
Port. Any port, terminal/facility, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading of cargo, embarkation and disembarkation of passengers, repair and anchoring of ships, or any other place at which a ship can call.
Postal items. Letter-post and parcels, as described in the Acts of the Universal Postal Union currently in force, tendered to be carried by a ship for carriage by the designated operator of the country of origin and intended for delivery to the designated operator of the country of destination in the ship’s ports of call.
Public authorities. The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the Standards and Recommended Practices contained in this Annex.
Regulated article. Plant, animal product, food product or plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests or diseases, deemed to require sanitary or phytosanitary measures, particularly where international maritime transportation is involved.
Release. Action taken by customs authorities to permit goods undergoing clearance to be placed at the disposal of the persons concerned.
Security measures. Measures developed and implemented in accordance with international agreements and national regulations to improve security on board ships and in port areas and facilities, and of goods moving in the international supply chain to detect and prevent unlawful acts.
Ship agent. The party representing the ship’s owner and/or charterer (the Principal) in port. If so instructed, the agent is responsible to the Principal for arranging, together with the port, a berth, all relevant port and husbandry services, tending to the requirements of the master and crew, clearing the ship with the port and other authorities (including preparation and submission of appropriate documentation) along with releasing or receiving cargo on behalf of the Principal.
Shipowner. The owner of the ship or any other organization or person such as the manager or the bareboat charterer who has assumed the responsibility for operation of the ship, and any person acting on its behalf, excluding the ship agent.
Ship’s documents. Certificates and other documents, including those in electronic form, which must be made available by a ship’s master to demonstrate the ship’s compliance with international or national regulations.
Ship’s equipment. Articles, other than ship’s spare parts, on board a ship for use thereon which are removable but not of a consumable nature, including accessories such as lifeboats, life-saving devices, furniture, ship’s apparel and similar items.
Ship’s spare parts. Articles of a repair or replacement nature for incorporation into the ship in which they are carried.
Ship’s stores. Goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants, but excluding ship’s equipment and ship’s spare parts.
Shipper. The party named on the bill of lading or waybill as shipper and/or who concludes a contract of carriage (or in whose name or on whose behalf a contract of carriage has been concluded) with a carrier. The shipper is known also as the sender.
Shore leave. Permission for a crew member to be ashore during the ship’s stay in port within such geographical or time limits, if any, as may be decided by the public authorities.
Single window. An environment that allows for the submission or provision of standardized and harmonized information and declarations to a single entry point, typically by electronic means.
Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival.
Temporary admission. The customs procedure under which certain goods can be brought into a customs territory conditionally relieved, totally or partially, from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character; such goods must be imported for a specific purpose and must be intended for re-exportation within a specified period and without having undergone any change except normal depreciation owing to the use made of them.
Transport document. Information evidencing a contract of carriage between a shipowner and a shipper, such as a sea waybill, a bill of lading or a multimodal transport document.

In conjunction with paragraph 2 of Article V of the Convention, the provisions of this Annex shall not preclude public authorities from taking such appropriate measures, including calling for further information, as may be necessary in cases of suspected fraud, or to deal with special problems constituting a grave danger to public order (ordre public), public security or public health, such as unlawful acts against the safety of maritime traffic and illicit trafficking in narcotic drugs and psychotropic substances, or to prevent the introduction or spread of diseases and their vectors or pests affecting humans, animals or plants.
1.1 Standard.In relation to the formalities, documentary requirements and procedures on the arrival, stay and departure of ships engaged in international voyages, public authorities shall require only the minimum necessary information. 1.1.1 Not in use.
1.1.1 Not in use.
1.2 Not in use.
1.3 Recommended Practice. Measures and procedures imposed by Contracting Governments for the purposes of security or preventing the trafficking of narcotics should be efficient. Such measures and procedures (e.g. risk management and cross-checking of information) should be implemented in such a manner as to cause a minimum of interference with, and to prevent unnecessary delays to, ships, cargo and persons or property on board.

1.3bis. Standard. Public authorities shall establish, maintain and use systems for the electronic exchange of information.
1.3ter. Standard. Public authorities, when introducing or changing systems for the electronic exchange of information to assist clearance processes, shall provide shipowners and other parties concerned with the necessary information about the systems requirements and give an adequate period of transition before the use of the systems is made mandatory. A period of no less than 12 months shall be given for transition to a new system from the time all functional and technical specifications have been published.
Any new or changed system shall be technologically neutral and be compatible with other systems.
1.3quart. Standard. Public authorities shall, during the transitional period referred to in 1.3ter, accommodate the provision of required information for clearance processes by alternative means.
When introducing new electronic message formats, public authorities shall continue to allow for the usage of existing electronic message formats for a time period to be determined in consultation with the parties concerned.
1.3quin. Standard. Public authorities shall introduce arrangements to enable the provision of all the information required in accordance with Standard 2.1 to a “single window” by electronic means.
Consideration shall also be given to such a single window serving as the mechanism through which the public authorities communicate decisions and other information covered by this Convention and other provisions, as appropriate.
1.3sext. Standard. Public authorities shall combine or coordinate the electronic transmission of the data required on the arrival, stay and departure of ships, so as to ensure that information is submitted or provided only once and reused to the maximum extent possible.
1.4. Not in use.
1.5. Not in use.
1.6. Not in use.
1.6bis. Standard. For the electronic exchange of information to facilitate clearance processes, information required by public authorities for the arrival, stay and departure of the ship, persons and cargo shall be required to be submitted in conformity with internationally agreed standards, including UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) Standards, the World Customs Organization (WCO) Data Model or International Standards Organization (ISO) Standards, taking into account the guidance developed by the Organization.
1.6ter. Not in use.
1.7. Recommended Practice. When planning for, introducing or modifying systems for the electronic exchange of information for clearance processes, public authorities should:
a) afford all interested parties, from the outset, the opportunity for consultation;
b) evaluate existing procedures and eliminate those which are unnecessary;
c) determine those procedures which are to be digitalized;
d) adapt these systems for multimodal applications;
e) take appropriate steps to minimize the cost of implementing these systems to all parties concerned; and
f) endeavour to ensure compatibility and interoperability with other relevant information systems.
1.7.1. Recommended Practice. Contracting Governments should encourage public authorities and other parties concerned to cooperate or participate directly in the development of electronic systems using internationally agreed standards with a view to enhancing the exchange of information relating to the arrival, stay and departure of ships, persons and cargo and assuring interoperability between the systems of public authorities and other parties concerned.
1.8. Standard. Electronic transmission of required information shall be accepted from any location as long as the provider of the information has been certified and authenticated pursuant to the applicable requirements. Usage of a service provider in the jurisdiction to which the information is provided may not be required.
1.8.1. Recommended Practice. Information regarding certification and authentication requirements should be publicly and electronically available.
1.8.2. Standard. Public authorities shall accept the declarations referred to in Standard 2.1 when they are authenticated in a manner acceptable to the public authority concerned.

1.9. Recommended Practice. Public authorities should seek to establish cooperation arrangements with shipowners and other parties concerned to improve their ability to combat illicit activities, including, but not limited to, drug smuggling and the illicit trafficking in wildlife, while providing enhanced facilitation. Such arrangements could be based on the World Customs Organization Memoranda of Understanding, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the associated guidelines.

1.9bis. Standard. Contracting Governments shall encourage public authorities to assess the risks of corruption associated with the ship-shore interface in ports and address them by developing and implementing preventive measures to strengthen integrity, transparency and accountability. Public authorities shall also coordinate efforts to detect, investigate and sanction corruption related to ships’ calls in the port, through national and international cooperation.
1.10. Standard. Where, as part of cooperation arrangements, public authorities, shipowners and other parties concerned are provided access to sensitive commercial and other information, the information shall be treated confidentially.

1.11. Standard. Public authorities shall use risk management to enhance their border control procedures related to:
• the release/clearance of cargo;
• security requirements; and
• their ability to target smuggling.

2.20. Standard. Public authorities shall seek the cooperation of shipowners to ensure that, when ships intend to call at ports for the sole purpose of putting ashore sick or injured crew members, passengers, persons rescued at sea or other persons for emergency medical treatment, the master shall give the public authorities as much notice as possible of that intention, with the fullest possible details of the sickness or injury and of the identity of the persons.
2.21. Standard. Public authorities shall, by the fastest channels available, inform the master, before the arrival of the ship, of the documentation and the procedures necessary to put the sick or injured persons ashore expeditiously and to clear the ship without delay.
2.22. Standard. With regard to ships calling at ports for this purpose and intending to leave again immediately, public authorities shall give priority in berthing if the state of the sick person or the sea conditions do not allow a safe disembarkation in the roads or harbour approaches.
2.23. Standard. With regard to ships calling at ports for this purpose and intending to leave again immediately, public authorities shall not require the declarations mentioned in Standard 2.1 with the exception of the Maritime Declaration of Health, and, if it is indispensable, the General Declaration. Public authorities shall in such situations waive the time limits, and any applicable penalties, for the provision of the declarations.
2.24. Standard. With regard to ships calling at ports for this purpose and where public authorities require the General Declaration, this declaration shall not contain more information than mentioned in Appendix 1 and, wherever possible, shall contain less.
2.25. Standard. Where public authorities apply control measures related to the arrival of a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.
2.25bis. Standard. The public authorities under the International Health Regulations shall advise the shipowner as far in advance as possible of their intent to apply public health control measures to a ship, and shall provide, where available, written information concerning the methods employed.
2.26. Standard. Where guarantees or undertakings are required in respect of costs of treatment or eventual removal or repatriation of the persons concerned, emergency medical treatment shall not be withheld or delayed while these guarantees or undertakings are being obtained.
2.27. Not in use.

The Contracting Governments undertake to adopt, in accordance with the provisions of the present Convention and its annex, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnecessary delays to ships and to persons and property on board.

1. The Contracting Governments undertake to co-operate, in accordance with the provisions of the present Convention, in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships. Such measures shall be, to the fullest extent practicable, not less favourable than measures applied in respect of other means of international transport; however, these measures may differ according to particular requirements.
2. The measures for the facilitation of international maritime traffic provided for under the present Convention and its annex apply equally to the ships of coastal and non-coastal States the Governments of which are Parties to the present Convention.
3. The provisions of the present Convention do not apply to warships or pleasure yachts.

The Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in formalities, documentary requirements and procedures in all matters in which such uniformity will facilitate and improve international maritime traffic and keep to a minimum any alterations in formalities, documentary requirements and procedures necessary to meet special requirements of a domestic nature.

With a view to achieving the ends set forth in the preceding articles of the present Convention, the Contracting Governments undertake to co-operate with each other or through the Inter-Governmental Maritime Consultative Organization1)The name of the Organization was changed to “International Maritime Organization” by virtue of amendments to the Organization’s Convention which entered into force on 22 May 1982.(hereinafter called the “Organization”) in matters relating to formalities, documentary requirements and procedures, as well as their application to international maritime traffic.

The Secretary-General shall convene a conference of the Contracting Governments for revision or amendment of the present Convention at the request of not less than one third of the Contracting Governments. Any revision or amendments shall be adopted by a two-thirds majority vote of the Conference and then certified and communicated by the Secretary-General to all Contracting Governments for their acceptance. One year after the acceptance of the revision or amendments by two thirds of the Contracting Governments, each revision or amendment shall enter into force for all Contracting Governments except those, which, before its entry into force, make a declaration that they do not accept the revision or amendment. The Conference may by a two-thirds majority vote determine at the time of its adoption that a revision or amendment is of such a nature that any Contracting Government which has made such a declaration and which does not accept the revision or amendment within a period of one year after the revision or amendment enters into force shall, upon the expiration of this period, cease to be a Party to the Convention.

1. Nothing in the present Convention or its annex shall be interpreted as preventing the application of any wider facilities which a Contracting Government grants or may grant in future in respect of international maritime traffic under its national laws or the provisions of any other international agreement.
2. Nothing in the present Convention or its annex shall be interpreted as precluding a Contracting Government from applying temporary measures considered by that Government to be necessary to preserve public morality, order and security or to prevent the introduction or spread of diseases or pests affecting public health, animals or plants.
3. All matters that are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.

For the purposes of the present Convention and its annex:
a) Standards are those measures the uniform application of which by Contracting Governments in accordance with the Convention is necessary and practicable in order to facilitate international maritime traffic;
b) Recommended Practices are those measures the application of which by Contracting Government is desirable in order to facilitate international maritime traffic.

1. The annex to the present Convention may be amended by the Contracting Governments, either at the proposal of one of them or by a Conference convened for that purpose.
2. Any Contracting Government may propose an amendment to the annex by forwarding a draft amendment to the Secretary-General of the Organization (hereinafter called the “Secretary-General”):
a) Any amendment proposed in accordance with this paragraph shall be considered by the Facilitation Committee of the Organization, provided that it has been circulated at least three months prior to the meeting of this Committee. If adopted by two thirds of the Contracting Governments present and voting in the Committee, the amendment shall be communicated to all Contracting Governments by the Secretary-General.
b) Any amendment to the annex under this paragraph shall enter into force 15 months after communication of the proposal to all Contracting Governments by the Secretary-General unless within 12 months after the communication at least one third of Contracting Governments have notified the Secretary-General in writing that they do not accept the proposal.
c) The Secretary-General shall inform all Contracting Governments of any notification received under subparagraph (b) and of the date of entry into force.
d) Contracting Governments, which do not accept an amendment, are not bound by that amendment but shall follow the procedure laid down in article VIII of the present Convention.
3. A conference of the Contracting Governments to consider amendments to the annex shall be convened by the Secretary-General upon the request of at least one third of these Governments. Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the amendment adopted.
4. The Secretary-General shall notify promptly all signatory Governments of the adoption and entry into force of any amendment under this article.

1. Any Contracting Government that finds it impracticable to comply with any Standard by bringing its own formalities, documentary requirements or procedures into full accord with it or which deems it necessary for special reasons to adopt formalities, documentary requirements or procedures differing from that Standard, shall so inform the Secretary-General and notify him of the differences between its own practice and such Standard. Such notification shall be made as soon as possible after entry into force of the present Convention for the Government concerned, or after the adoption of such differing formalities, documentary requirements or procedures.
2. Notification by a Contracting Government of any such difference in the case of an amendment to a Standard or of a newly adopted Standard shall be made to the Secretary-General as soon as possible after the entry into force of such amended or newly adopted Standard, or after the adoption of such differing formalities, documentary requirements or procedures and may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into full accord with the amended or newly adopted Standard.
3. Contracting Governments are urged to bring their formalities, documentary requirements and procedures into accord with the Recommended Practices in so far as practicable. As soon as any Contracting Government brings its own formalities, documentary requirements and procedures into accord with any Recommended Practice, it shall notify the Secretary-General thereof.
4. The Secretary-General shall inform the Contracting Governments of any notification made to him in accordance with the preceding paragraphs of this article.

1. The present Convention shall remain open for signature for six months from this day’s date and shall thereafter remain open for accession.
2. The Governments of States Members of the United Nations, or of any of the specialized agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to the present Convention by:
a) signature without reservation as to acceptance;
b) signature with reservation as to acceptance followed by acceptance; or
c) accession.
Acceptance or accession shall be effected by the deposit of an instrument with the Secretary-General.
3. The Government of any State not entitled to become a Party under paragraph 2 of this article may apply through the Secretary-General to become a Party and shall be admitted as a Party in accordance with paragraph 2, provided that its application has been approved by two thirds of the Members of the Organization other than Associate Members.

The present Convention shall enter into force 60 days after the date upon which the Governments of at least 10 States have either signed it without reservation as to acceptance or have deposited instruments of acceptance or accession. It shall enter into force for a Government, which subsequently accepts it or accedes to it 60 days after the deposit of the instrument of acceptance or accession.

Three years after entry into force of the present Convention with respect to a Contracting Government, such Government may denounce it by notification in writing addressed to the Secretary-General, who shall notify all Contracting Governments of the content and date of receipt of any such notification. Such denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General.

1. a) The United Nations, in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory, and may at any time by notification in writing given to the Secretary-General declare that the Convention shall extend to such territory.
b) The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.
c) The provisions of article VIII of the present Convention shall apply to any territory to which the Convention is extended in accordance with the present article; for this purpose, the expression “its own formalities, documentary requirements or procedures” shall include those in force in that territory.
d) The present Convention shall cease to extend to any territory one year after the receipt by the Secretary-General of a notification to this effect, or on such later date as may be specified therein.
2. The Secretary-General shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph 1 of this article, stating in each case the date from which the Convention has been so extended.

The Secretary-General shall inform all signatory Governments, all Contracting Governments and all Members of the Organization of:
a) the signatures affixed to the present Convention and the dates thereof;
b) the deposit of instruments of acceptance and accession together with the dates of their deposit;
c) the date on which the Convention enters into force in accordance with article XI;
d) any notification received in accordance with articles XII and XIII and the date thereof;
e) the convening of any conference under articles VII or IX.

The present Convention and its annex shall be deposited with the Secretary-General, who shall transmit certified copies thereof to signatory Governments and to acceding Governments. As soon as the present Convention enters into force, it shall be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

The present Convention and its annex shall be established in the English and French languages, both texts being equally authentic. Official translations shall be prepared in the Russian and Spanish languages and shall be deposited with signed originals.