i-law

The Ratification of Maritime Conventions

Chapter I.3.105

(MEDITERRANEAN MOU) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE MEDITERRANEAN REGION, 1997

ADOPTED: Done at Malta, 11 July 1997
REFERENCE: MEDITERRANEAN MOU
ENTERED INTO FORCE: 24 February 1998
DEPOSITARY: Ministry of Maritime Transport, Alexandria, Egypt
SECRETARY: Ministry of Maritime Transport, Alexandria, Egypt

IMPLEMENTATION

SIGNATURE, ACCESSION AND ENTRY INTO FORCE

Section X

10.1 The Memorandum is without prejudice to the rights and obligations under any international Agreement.

10.2 A Maritime Authority of a State, which complies with the criteria specified in Annex 9, may adhere to the Memorandum with the consent of all Authorities which have accepted the Memorandum.

10.3 The Memorandum remains open for signature, at the Headquarters of the Secretariat of the Committee from 11 July 1997 to 23 February 1998. Maritime Authorities meeting the requirements specified in Annex 9 may become parties of the Memorandum by:

  • (a) signature without any reservations as to acceptance; or
  • (b) signature subject to acceptance, followed by acceptance.

10.4 Acceptance or accession will be effected by a written communication by the Maritime Authorities to the Secretariat.

10.5 The Secretariat will inform the Maritime Authorities who have signed the Memorandum of any signature or written communication, or of acceptance or accession and of the date on which such an event has taken place.

10.6 This Memorandum will enter into force for each Authority on the date duly notified to the Secretariat.

10.7 Any Maritime Authority or Organization wishing to participate as an observer will submit in writing an application to the Committee and will be accepted as an observer subject to the unanimous consent of the representatives of the Authorities present and voting at the Committee meeting.

10.8 Any Authority may withdraw from the Memorandum by providing the Committee with 60 days notice in writing.

10.9 The English, French and Arabic versions are equally authentic. The English text is the official version of the Memorandum in case of dispute.

AMENDMENTS

Section IX

9.1 Any Authority which has accepted the Memorandum may propose amendments to the Memorandum.

9.2 In the case of proposed amendments to sections of the Memorandum the following procedure will apply:

  • (a) the proposed amendment will be submitted through the Secretariat for consideration by the Committee;
  • (b) amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee.

If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance.

The amendments of paragraph 1 of Section 2 are adopted by a two-thirds majority of the representatives of the Authorities present and voting which are party to the new Convention proposed for inclusion as “relevant instrument”:

  • (c) an amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Authorities in the Committee or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority;
  • (d) an amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee.

9.3 In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

  • (a) the proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
  • (b) the amendment will be deemed to have been accepted at the end of a period of three months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in 9.2 will apply;
  • (c) the amendment will take effect 60 days after it has been accepted or at the end of any period determined unanimously by the Authorities.
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