BWBV0003251
Artikel 11
Internationaal Verdrag van Torremolinos voor de beveiliging van vissersvaartuigen, 1977
(1). The Convention may be amended by either of the procedures specified in this Article.
(2). Amendments after consideration within the Organization:
(a) Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization and to all the Parties at least six months prior to its consideration.
(b) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration.
(c) Parties whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.
(d) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in sub-paragraph (c) (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one-third of the Parties shall be present at the time of voting.
(e) Amendments adopted in accordance with sub-paragraph (d) shall be communicated by the Secretary-General to all the Parties.
(f) (i) An amendment to an Article or to Regulations 1 and 3 to 11 shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties,
(ii) An amendment to the Annex other than to Regulation 1 and 3 to 11 shall be deemed to have been accepted: (aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. However, if within the specified period either more than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
(aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.
(i) An amendment to an Article or to Regulations 1 and 3 to 11 shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties,
(ii) An amendment to the Annex other than to Regulation 1 and 3 to 11 shall be deemed to have been accepted: (aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. However, if within the specified period either more than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
(aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.
(g) (i) An amendment to an Article or to Regulations 1 and 3 to 11 shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.
(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.
(i) An amendment to an Article or to Regulations 1 and 3 to 11 shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.
(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.
(3). Amendment by a Conference:
(a) Upon the request of a Party concurred in by at least one-third of the Parties, the Organization shall convene a Conference of the Parties to consider amendments to the Convention.
(b) Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance.
(c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in paragraph (2)(f) and (g) respectively, provided that references in those sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.
(4). Any Party which has declined to accept the amendment to the Annex shall be deemed not to be a Party for the purpose of application of that amendment.
(5). Unless expressly provided otherwise, any amendment to the Convention which relates to the structure of a vessel, shall apply only to vessels for which, on or after the date of entry into force of the amendment:
(a) the keel is laid; or
(b) construction identifiable with a specific vessel begins; or
(c) assembly has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material; whichever is the less.
(6). Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph (2)(g)(ii) shall be submitted in writing to the Secretary-General who shall inform all the Parties of any such submission and of the date of its receipt.
(7). The Secretary-General shall inform all the Parties of any amendments which enter into force, together with the date on which each such amendment enters into force.
(2). Amendments after consideration within the Organization:
(a) Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization and to all the Parties at least six months prior to its consideration.
(b) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration.
(c) Parties whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.
(d) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in sub-paragraph (c) (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one-third of the Parties shall be present at the time of voting.
(e) Amendments adopted in accordance with sub-paragraph (d) shall be communicated by the Secretary-General to all the Parties.
(f) (i) An amendment to an Article or to Regulations 1 and 3 to 11 shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties,
(ii) An amendment to the Annex other than to Regulation 1 and 3 to 11 shall be deemed to have been accepted: (aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. However, if within the specified period either more than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
(aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.
(i) An amendment to an Article or to Regulations 1 and 3 to 11 shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties,
(ii) An amendment to the Annex other than to Regulation 1 and 3 to 11 shall be deemed to have been accepted: (aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. However, if within the specified period either more than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
(aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; or
(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.
(g) (i) An amendment to an Article or to Regulations 1 and 3 to 11 shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.
(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.
(i) An amendment to an Article or to Regulations 1 and 3 to 11 shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.
(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.
(3). Amendment by a Conference:
(a) Upon the request of a Party concurred in by at least one-third of the Parties, the Organization shall convene a Conference of the Parties to consider amendments to the Convention.
(b) Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance.
(c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in paragraph (2)(f) and (g) respectively, provided that references in those sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.
(4). Any Party which has declined to accept the amendment to the Annex shall be deemed not to be a Party for the purpose of application of that amendment.
(5). Unless expressly provided otherwise, any amendment to the Convention which relates to the structure of a vessel, shall apply only to vessels for which, on or after the date of entry into force of the amendment:
(a) the keel is laid; or
(b) construction identifiable with a specific vessel begins; or
(c) assembly has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material; whichever is the less.
(6). Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph (2)(g)(ii) shall be submitted in writing to the Secretary-General who shall inform all the Parties of any such submission and of the date of its receipt.
(7). The Secretary-General shall inform all the Parties of any amendments which enter into force, together with the date on which each such amendment enters into force.
- Citeren als
- Art. 11
- Status
- Geldend recht
- Identificatie
- BWBV0003251
- Officiële bron
- wetten.overheid.nl