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| The Schedule referred to in section 1(4) is— |
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| THE STATES PARTIES TO THE PRESENT CONVENTION, |
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| CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to |
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navigation or the marine environment, |
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| CONVINCED of the need to adopt uniform international rules and |
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procedures to ensure the prompt and effective removal of wrecks and |
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payment of compensation for the costs therein involved, |
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| NOTING that many wrecks may be located in States’ territory, including the |
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| 15 |
| RECOGNIZING the benefits to be gained through uniformity in legal |
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regimes governing responsibility and liability for removal of hazardous |
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| BEARING IN MIND the importance of the United Nations Convention on |
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the Law of the Sea, done at Montego Bay on 10 December 1982, and of the |
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customary international law of the sea, and the consequent need to |
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implement the present Convention in accordance with such provisions, |
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| For the purposes of this Convention: |
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| 1. “Convention area” means the exclusive economic zone of a State Party, |
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established in accordance with international law or, if a State Party has not |
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established such a zone, an area beyond and adjacent to the territorial sea of |
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that State determined by that State in accordance with international law and |
| 30 |
extending not more than 200 nautical miles from the baselines from which |
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the breadth of its territorial sea is measured. |
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| 2. “Ship” means a seagoing vessel of any type whatsoever and includes |
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hydrofoil boats, air-cushion vehicles, submersibles, floating craft and |
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floating platforms, except when such platforms are on location engaged in |
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the exploration, exploitation or production of seabed mineral resources. |
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| 3. “Maritime casualty” means a collision of ships, stranding or other incident |
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of navigation, or other occurrence on board a ship or external to it, resulting |
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in material damage or imminent threat of material damage to a ship or its |
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| 4. “Wreck”, following upon a maritime casualty, means: |
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(a) | a sunken or stranded ship; or |
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(b) | any part of a sunken or stranded ship, including any object that is or |
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has been on board such a ship; or |
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(c) | any object that is lost at sea from a ship and that is stranded, sunken |
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(d) | a ship that is about, or may reasonably be expected, to sink or to |
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strand, where effective measures to assist the ship or any property in |
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danger are not already being taken. |
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| 5. “Hazard” means any condition or threat that: |
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(a) | poses a danger or impediment to navigation; or |
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(b) | may reasonably be expected to result in major harmful consequences |
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to the marine environment, or damage to the coastline or related |
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interests of one or more States. |
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| 6. “Related interests” means the interests of a coastal State directly affected |
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or threatened by a wreck, such as: |
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(a) | maritime coastal, port and estuarine activities, including fisheries |
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activities, constituting an essential means of livelihood of the persons |
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(b) | tourist attractions and other economic interests of the area |
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(c) | the health of the coastal population and the wellbeing of the area |
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concerned, including conservation of marine living resources and of |
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(d) | offshore and underwater infrastructure. |
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| 7. “Removal” means any form of prevention, mitigation or elimination of the |
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hazard created by a wreck. “Remove”, “removed” and “removing” shall be |
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| 8. “Registered owner” means the person or persons registered as the owner |
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of the ship or, in the absence of registration, the person or persons owning |
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the ship at the time of the maritime casualty. However, in the case of a ship |
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owned by a State and operated by a company which in that State is |
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registered as the operator of the ship, “registered owner” shall mean such |
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| 9. “Operator of the ship” means the owner of the ship or any other |
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organization or person such as the manager, or the bareboat charterer, who |
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has assumed the responsibility for operation of the ship from the owner of |
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the ship and who, on assuming such responsibility, has agreed to take over |
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all duties and responsibilities established under the International Safety |
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Management Code, as amended. |
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| 10. “Affected State” means the State in whose Convention area the wreck is |
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| 11. “State of the ship’s registry” means, in relation to a registered ship, the |
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State of registration of the ship and, in relation to an unregistered ship, the |
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State whose flag the ship is entitled to fly. |
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| 12. “Organization” means the International Maritime Organization. |
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| 13. “Secretary-General” means the Secretary-General of the Organization. |
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Objectives and general principles |
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| 1. A State Party may take measures in accordance with this Convention in |
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relation to the removal of a wreck which poses a hazard in the Convention |
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| 2. Measures taken by the Affected State in accordance with paragraph 1 shall |
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be proportionate to the hazard. |
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| 3. Such measures shall not go beyond what is reasonably necessary to |
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remove a wreck which poses a hazard and shall cease as soon as the wreck |
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has been removed; they shall not unnecessarily interfere with the rights and |
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interests of other States including the State of the ship’s registry, and of any |
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person, physical or corporate, concerned. |
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| 4. The application of this Convention within the Convention area shall not |
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entitle a State Party to claim or exercise sovereignty or sovereign rights over |
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any part of the high seas. |
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| 5. States Parties shall endeavour to co-operate when the effects of a maritime |
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casualty resulting in a wreck involve a State other than the Affected State. |
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| 1. Except as otherwise provided in this Convention, this Convention shall |
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apply to wrecks in the Convention area. |
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| 2. A State Party may extend the application of this Convention to wrecks |
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located within its territory, including the territorial sea, subject to article 4, |
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paragraph 4. In that case, it shall notify the Secretary-General accordingly, at |
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the time of expressing its consent to be bound by this Convention or at any |
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time thereafter. When a State Party has made a notification to apply this |
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Convention to wrecks located within its territory, including the territorial |
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sea, this is without prejudice to the rights and obligations of that State to take |
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measures in relation to wrecks located in its territory, including the |
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territorial sea, other than locating, marking and removing them in |
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accordance with this Convention. The provisions of articles 10, 11 and 12 of |
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this Convention shall not apply to any measures so taken other than those |
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referred to in articles 7, 8 and 9 of this Convention. |
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| 3. When a State Party has made a notification under paragraph 2, the |
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“Convention area” of the Affected State shall include the territory, including |
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the territorial sea, of that State Party. |
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| 4. A notification made under paragraph 2 above shall take effect for that |
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State Party, if made before entry into force of this Convention for that State |
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Party, upon entry into force. If notification is made after entry into force of |
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this Convention for that State Party, it shall take effect six months after its |
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receipt by the Secretary-General. |
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| 5. A State Party that has made a notification under paragraph 2 may |
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withdraw it at any time by means of a notification of withdrawal to the |
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Secretary-General. Such notification of withdrawal shall take effect six |
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months after its receipt by the Secretary-General, unless the notification |
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| 1. This Convention shall not apply to measures taken under the |
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International Convention relating to Intervention on the High Seas in Cases |
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of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to |
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Intervention on the High Seas in Cases of Pollution by Substances other than |
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| 2. This Convention shall not apply to any warship or other ship owned or |
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operated by a State and used, for the time being, only on Government non- |
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commercial service, unless that State decides otherwise. |
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| 3. Where a State Party decides to apply this Convention to its warships or |
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other ships as described in paragraph 2, it shall notify the Secretary-General, |
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thereof, specifying the terms and conditions of such application. |
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| 4. (a) When a State Party has made a notification under article 3, paragraph |
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2, the following provisions of this Convention shall not apply in its territory, |
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including the territorial sea: |
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(i) | Article 2, paragraph 4; |
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(ii) | Article 9, paragraphs 1, 5, 7, 8, 9 and 10; and |
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| (b) Article 9, paragraph 4, insofar as it applies to the territory, including the |
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territorial sea of a State Party, shall read: |
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| Subject to the national law of the Affected State, the registered owner may |
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contract with any salvor or other person to remove the wreck determined to |
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constitute a hazard on behalf of the owner. Before such removal commences, |
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the Affected State may lay down conditions for such removal only to the |
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extent necessary to ensure that the removal proceeds in a manner that is |
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consistent with considerations of safety and protection of the marine |
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| 1. A State Party shall require the master and the operator of a ship flying its |
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flag to report to the Affected State without delay when that ship has been |
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involved in a maritime casualty resulting in a wreck. To the extent that the |
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reporting obligation under this article has been fulfilled either by the master |
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or the operator of the ship, the other shall not be obliged to report. |
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| 2. Such reports shall provide the name and the principal place of business of |
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the registered owner and all the relevant information necessary for the |
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Affected State to determine whether the wreck poses a hazard in accordance |
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with article 6, including: |
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(a) | the precise location of the wreck; |
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(b) | the type, size and construction of the wreck; |
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(c) | the nature of the damage to, and the condition of, the wreck; |
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(d) | the nature and quantity of the cargo, in particular any hazardous and |
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(e) | the amount and types of oil, including bunker oil and lubricating oil, |
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| When determining whether a wreck poses a hazard, the following criteria |
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should be taken into account by the Affected State: |
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(a) | the type, size and construction of the wreck; |
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(b) | depth of the water in the area; |
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(c) | tidal range and currents in the area; |
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(d) | particularly sensitive sea areas identified and, as appropriate, |
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designated in accordance with guidelines adopted by the |
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Organization, or a clearly defined area of the exclusive economic |
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zone where special mandatory measures have been adopted |
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pursuant to article 211, paragraph 6, of the United Nations |
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Convention on the Law of the Sea, 1982; |
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(e) | proximity of shipping routes or established traffic lanes; |
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(f) | traffic density and frequency; |
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(h) | nature and quantity of the wreck’s cargo, the amount and types of oil |
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(such as bunker oil and lubricating oil) on board the wreck and, in |
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particular, the damage likely to result should the cargo or oil be |
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released into the marine environment; |
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(i) | vulnerability of port facilities; |
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(j) | prevailing meteorological and hydrographical conditions; |
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(k) | submarine topography of the area; |
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(l) | height of the wreck above or below the surface of the water at lowest |
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(m) | acoustic and magnetic profiles of the wreck; |
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(n) | proximity of offshore installations, pipelines, telecommunications |
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cables and similar structures; and |
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(o) | any other circumstances that might necessitate the removal of the |
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| 1. Upon becoming aware of a wreck, the Affected State shall use all |
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practicable means, including the good offices of States and organizations, to |
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warn mariners and the States concerned of the nature and location of the |
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wreck as a matter of urgency. |
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| 2. If the Affected State has reason to believe that a wreck poses a hazard, it |
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shall ensure that all practicable steps are taken to establish the precise |
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| 1. If the Affected State determines that a wreck constitutes a hazard, that |
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State shall ensure that all reasonable steps are taken to mark the wreck. |
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| 2. In marking the wreck, all practicable steps shall be taken to ensure that the |
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markings conform to the internationally accepted system of buoyage in use |
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in the area where the wreck is located. |
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| 3. The Affected State shall promulgate the particulars of the marking of the |
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wreck by use of all appropriate means, including the appropriate nautical |
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Measures to facilitate the removal of wrecks |
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| 1. If the Affected State determines that a wreck constitutes a hazard, that |
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(a) | inform the State of the ship’s registry and the registered owner; and |
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(b) | proceed to consult the State of the ship’s registry and other States |
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affected by the wreck regarding measures to be taken in relation to |
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| 2. The registered owner shall remove a wreck determined to constitute a |
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| 3. When a wreck has been determined to constitute a hazard, the registered |
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owner, or other interested party, shall provide the competent authority of |
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the Affected State with evidence of insurance or other financial security as |
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| 4. The registered owner may contract with any salvor or other person to |
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remove the wreck determined to constitute a hazard on behalf of the owner. |
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Before such removal commences, the Affected State may lay down |
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conditions for such removal only to the extent necessary to ensure that the |
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removal proceeds in a manner that is consistent with considerations of |
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safety and protection of the marine environment. |
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| 5. When the removal referred to in paragraphs 2 and 4 has commenced, the |
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Affected State may intervene in the removal only to the extent necessary to |
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ensure that the removal proceeds effectively in a manner that is consistent |
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with considerations of safety and protection of the marine environment. |
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| 6. The Affected State shall: |
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(a) | set a reasonable deadline within which the registered owner must |
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remove the wreck, taking into account the nature of the hazard |
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determined in accordance with article 6; |
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|
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|
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(b) | inform the registered owner in writing of the deadline it has set and |
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specify that, if the registered owner does not remove the wreck |
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within that deadline, it may remove the wreck at the registered |
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(c) | inform the registered owner in writing that it intends to intervene |
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immediately in circumstances where the hazard becomes |
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| 7. If the registered owner does not remove the wreck within the deadline set |
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in accordance with paragraph 6(a), or the registered owner cannot be |
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contacted, the Affected State may remove the wreck by the most practical |
| 10 |
and expeditious means available, consistent with considerations of safety |
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and protection of the marine environment. |
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| 8. In circumstances where immediate action is required and the Affected |
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State has informed the State of the ship’s registry and the registered owner |
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accordingly, it may remove the wreck by the most practical and expeditious |
| 15 |
means available, consistent with considerations of safety and protection of |
| |
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| 9. States Parties shall take appropriate measures under their national law to |
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ensure that their registered owners comply with paragraphs 2 and 3. |
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| 10. States Parties give their consent to the Affected State to act under |
| 20 |
paragraphs 4 to 8, where required. |
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| 11. The information referred to in this article shall be provided by the |
| |
Affected State to the registered owner identified in the reports referred to in |
| |
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| 25 |
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| 1. Subject to article 11, the registered owner shall be liable for the costs of |
| |
locating, marking and removing the wreck under articles 7, 8 and 9, |
| |
respectively, unless the registered owner proves that the maritime casualty |
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(a) | resulted from an act of war, hostilities, civil war, insurrection, or a |
| |
natural phenomenon of an exceptional, inevitable and irresistible |
| |
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(b) | was wholly caused by an act or omission done with intent to cause |
| |
damage by a third party; or |
| 35 |
(c) | was wholly caused by the negligence or other wrongful act of any |
| |
Government or other authority responsible for the maintenance of |
| |
lights or other navigational aids in the exercise of that function. |
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| 2. Nothing in this Convention shall affect the right of the registered owner to |
| |
limit liability under any applicable national or international regime, such as |
| 40 |
the Convention on Limitation of Liability for Maritime Claims, 1976, as |
| |
| |
| 3. No claim for the costs referred to in paragraph 1 may be made against the |
| |
registered owner otherwise than in accordance with the provisions of this |
| |
Convention. This is without prejudice to the rights and obligations of a State |
| 45 |
Party that has made a notification under article 3, paragraph 2, in relation to |
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|