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II.7.270 HONG KONG INTERNATIONAL CONVENTION FOR THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS, 2009

The Ratification of Maritime Conventions

Chapter I.7.270

(HONG KONG CONVENTION) HONG KONG INTERNATIONAL CONVENTION FOR THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS, 2009

ADOPTED: On 15 May 2009 by the International Conference on the Safe and Environmentally Sound Recycling of Ships.
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Secretary General, International Maritime Organization
SECRETARY: International Maritime Organization

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XVI

1. This Convention shall be open for signature by any State at the Headquarters of the Organization from 1 September 2009 to 31 August 2010 and shall thereafter remain open for accession by any State.

2. States may become Parties to this Convention by:

  • 2.1 signature not subject to ratification, acceptance, or approval; or
  • 2.2 signature subject to ratification, acceptance, or approval, followed by ratification, acceptance or approval; or
  • 2.3 accession.

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

4. If a State comprises two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval, or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

5. A declaration under paragraph 4 shall be notified to the Secretary-General in writing and shall state expressly the territorial unit or units to which this Convention applies.

6. A State at the time it expresses its consent to be bound by this Convention shall declare whether it requires explicit or tacit approval of the Ship Recycling Plan before a ship may be recycled in its authorized Ship Recycling Facility(ies). This declaration may be revised thereafter by notification to the Secretary-General. Such revision shall specify the effective date of the revision.

ENTRY INTO FORCE

Article XVII

1. This Convention shall enter into force 24 months after the date on which the following conditions are met:

  • 1.1 not less than 15 States have either signed it without reservation as to ratification, acceptance or approval, or have deposited the requisite instrument of ratification, acceptance, approval or accession in accordance with Article 16;
  • 1.2 the combined merchant fleets of the States mentioned in paragraph 1.1 constitute not less than 40 per cent of the gross tonnage of the world’s merchant shipping; and
  • 1.3 the combined maximum annual ship recycling volume of the States mentioned in paragraph 1.1 during the preceding 10 years constitutes not less than 3 per cent of the gross tonnage of the combined merchant shipping of the same States.

2. For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of this Convention after the requirements for entry into force thereof have been met, but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of this Convention, or three months after the date of deposit of the instrument, whichever is the later date.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date on which this Convention enters into force shall take effect three months after the date of deposit.

4. After the date on which an amendment to this Convention is deemed to have been accepted under Article 18, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention, as amended.

AMENDMENTS

Article XVIII

1. This Convention may be amended by either of the procedures specified in the following paragraphs.

2. Amendments after consideration within the Organization:

  • 2.1 Any Party may propose an amendment to this Convention. A proposed amendment shall be submitted to the Secretary-General, who shall then circulate it to the Parties and Members of the Organization at least six months prior to its consideration.
  • 2.2 An amendment proposed and circulated as above shall be referred to the Committee for consideration. Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Committee for consideration and adoption of the amendment.
  • 2.3 Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Committee, on condition that at least one-third of the Parties shall be present at the time of voting.
  • 2.4 Amendments adopted in accordance with subparagraph 3 shall be communicated by the Secretary-General to the Parties for acceptance.
  • 2.5 An amendment shall be deemed to have been accepted in the following circumstances:
    • 2.5.1 An amendment to an article of this Convention shall be deemed to have been accepted on the date on which two-thirds of the Parties have notified the Secretary-General of their acceptance of it.
    • 2.5.2 An amendment to the Annex shall be deemed to have been accepted at the end of a period to be determined by the Committee at the time of its adoption, which period shall not be less than ten months after the date of adoption. However, if by that date more than one-third of the Parties notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
  • 2.6 An amendment shall enter into force under the following conditions:
    • 2.6.1 An amendment to an article of this Convention shall enter into force, for those Parties that have declared that they have accepted it, six months after the date on which it is deemed to have been accepted in accordance with subparagraph .5.1.
    • 2.6.2 An amendment to the Annex shall enter into force with respect to all Parties six months after the date on which it is deemed to have been accepted, except for any Party that has:
      • 2.6.2.1 notified its objection to the amendment in accordance with subparagraph .5.2 and that has not withdrawn such objection; or
      • 2.6.2.2 notified the Secretary-General, prior to the entry into force of such amendment, that the amendment shall enter into force for it only after a subsequent notification of its acceptance.
    • 2.6.3 A Party that has notified an objection under subparagraph .6.2.1 may subsequently notify the Secretary-General that it accepts the amendment. Such amendment shall enter into force for such Party six months after the date of its notification of acceptance, or the date on which the amendment enters into force, whichever is the later date.
    • 2.6.4 If a Party that has made a notification referred to in subparagraph .6.2.2 notifies the Secretary-General of its acceptance with respect to an amendment, such amendment shall enter into force for such Party six months after the date of its notification of acceptance, or the date on which the amendment enters into force, whichever is the later date.

3. Amendment by a Conference:

  • 3.1 Upon the request of a Party concurred in by at least one-third of the Parties, the Organization shall convene a Conference of Parties to consider amendments to this Convention.
  • 3.2 An 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 Parties for acceptance.
  • 3.3 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 paragraphs 2.5 and 2.6 respectively.

4. Any Party that has declined to accept an amendment to the Annex shall be treated as a non-Party only for the purpose of application of that amendment.

5. Any notification under this Article shall be made in writing to the Secretary-General.

6. The Secretary-General shall inform the Parties and Members of the Organization of:

  • 6.1 any amendment that enters into force and the date of its entry into force generally and for each Party; and
  • 6.2 any notification made under this Article.

DENUNCIATION

Article XIX

1. This Convention may be denounced by any Party at any time after the expiry of two years from the date on which this Convention enters into force for that Party.

2. Denunciation shall be effected by written notification to the Secretary-General, to take effect one year after receipt or such longer period as may be specified in that notification.

DEPOSITARY

Article XX

1. This Convention shall be deposited with the Secretary-General, who shall transmit certified copies of this Convention to all States which have signed this Convention or acceded thereto.

2. In addition to the functions specified elsewhere in this Convention, the Secretary-General shall:

  • 2.1 inform all States that have signed this Convention, or acceded thereto, of:
    • 2.1.1 each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
    • 2.1.2 the date of entry into force of this Convention;
    • 2.1.3 the deposit of any instrument of denunciation from this Convention, together with the date on which it was received and the date on which the denunciation takes effect; and
    • 2.1.4 other declarations and notifications received pursuant to this Convention; and
  • 2.2 as soon as this Convention enters into force, transmit the text thereof to the Secretariat of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.

LANGUAGES

Article XXI

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

DECLARATIONS, RESERVATIONS AND STATEMENTS

France

The instrument of accession of France contained the following declarations:

“Under article 16.6 of the Convention, France requires explicit approval of the Ship Recycling Plan before a ship may be recycled in French recycling facilities.

Under article 16.4 of the Convention, France declares that the provisions of this Convention shall apply to the whole territory of the French Republic.”

Norway

The instrument of accession of Norway contained the following declaration:

“In accordance with article 16(6) of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, the Government of the Kingdom of Norway requires tacit approval of the Ship Recycling Plan before a ship may be recycled in its authorized Ship Recycling Facility(ies).”

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