1979年国际海上搜寻与救助公约英文版讲解

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1、INTERNATIONAL CONVENTION ONMARITIME SEARCH AND RESCUE,1979THE PARTIES TO THE CONVENTION,NOTING the great importance attached in several conventions to the rendering of assistance to persons in distress at sea and to the establishment by every coastal State of adequate and effective arrangements for

2、coast watching and for search and rescue services,HAVING CONSIDERED Recommendation 40 adopted by the International Conference on Safety of Life at Sea, 1960, which recognizes the desirability of co-ordinating activities regarding safety on and over the sea among a number of inter-governmental organi

3、zations,DESIRING to develop and promote these activities by establishing an international maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea,WISHING to promote co-operation among search and rescue organizations around the world a

4、nd among those participating in search and rescue operations at sea. HAVE AGREED as follows:Article IGeneral obligations under the ConventionThe Parties undertake to adopt all legislative or other appropriate measures necessary to give full effect to the Convention and its Annex, which is an integra

5、l part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to its Annex.Article IIOther treaties and interpretation1. Nothing in the Convention shall prejudice the codification and development of the law of the sea by the Uni

6、ted Nations Conference on the Law of the Sea convened pursuant to resolution 2750(XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.2. No prov

7、ision of the Convention shall be construed as prejudicing obligations or rights of vessels provided for in other international instruments.Article IIIAmendments1. The Convention may be amended by either of the procedures specified in paragraphs 2 and 3 hereinafter.2. Amendment after consideration wi

8、thin the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as the Organization):(a) Any amendment proposed by a Party and transmitted to the Secretary-General of the Organization (hereinafter referred to as the Secretary-General), or any amendment deemed necessary by the

9、 Secretary-General as a result of an amendment to a corresponding provision of Annex 12 to the Convention on International Civil Aviation, shall be circulated to all Members of the Organization and all Parties at least six months prior to its consideration by the Maritime Safety Committee of the Org

10、anization.(b) 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.(c) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the M

11、aritime Safety Committee on condition that at least one third of the Parties shall be present at the time of adoption of the amendment.(d) Amendments adopted in accordance with sub-paragraph (c) shall be communicated by the Secretary-General to all Parties for acceptance.(e) An amendment to an Artic

12、le or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or3.1.3 of the Annex shall be deemed to have been accepted on the date on which the Secretary-General has received an instrument of acceptance from two thirds of theParties.(f) An amendment to the Annex other than to paragraphs 2.1.4, 2.1.5, 2.1

13、.7, 2.1.10,3.1.2 or 3.1.3 shall be deemed to have been accepted at the end of one year from the date on which it is communicated to the Parties for acceptance. However, if within such period of one year more than one third of the Parties notify the Secretary-General that they object to the amendment

14、, it shall be deemed not to have been accepted.(g) An amendment to an Article or to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 or3.1.3 of the Annex shall enter into force:(i) with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepte

15、d;(ii) with respect to those Parties which accept it after the condition mentioned in sub-paragraph (e) has been met and before the amendment enters into force, on the date of entry into force of the amendment;(iii) with respect to those Parties which accept it after the date on which the amendment

16、enters into force, 30 days after the deposit of an instrument of acceptance.(h) An amendment to the Annex other than to paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10,3.1.2 or 3.1.3 shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraph (f)

17、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 long

18、er 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 Maritime Safety Committee at the time of the adoption of the amendment.3. Amendment by a conference:(a) Upon the request of a Party

19、 concurred in by at least one third of the Parties, the Organization shall convene a conference of Parties to consider amendments to the Convention. Proposed amendments shall be circulated by the Secretary-General to all Parties at least six months prior to their consideration by the conference.(b)

20、Amendments shall be adopted by such a conference by a two-thirds majority of the Parties present and voting, on condition that at least one third of the Parties shall be present at the time of adoption of the amendment. Amendments so adopted shall be communicated by the Secretary-General to all Part

21、ies 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 sub-paragraphs 2(e), 2(f), 2(g) and 2(h) respectively, provided that reference in sub-paragraph 2(h) to the Ma

22、ritime Safety Committee expanded in accordance with sub-paragraph 2(b) shall be taken to mean reference to the conference.4. Any declaration of acceptance of, or objection to, an amendment or any notice given under sub-paragraph 2(h) shall be submitted in writing to the Secretary-General who shall i

23、nform all Parties of any such submission and the date of its receipt.5. The Secretary-General shall inform States of any amendments which enter into force, together with the date on which each such amendment enters into force.Article IVSignature, ratification, acceptance approval and accession1. The

24、 Convention shall remain open for signature at the Headquarters of the Organization from 1 November 1979 until 31 October 1980 and shall thereafter remain open for accession. States may become Parties to the Convention by:(a) signature without reservation as to ratification, acceptance or approval;

25、or(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or(c) accession.12. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.3. The Secretary-General

26、shall inform States of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposit.Article VEntry into force1. The Convention shall enter into force 12 months after the date on which 15 States have become Parties to it in accordanc

27、e with Article IV.22. Entry into force for States which ratify, accept, approve or accede to the Convention in accordance with Article IV after the condition prescribed in paragraph 1 has been met and before the Convention enters into force, shall be on the date of entry into force of the Convention

28、.3. Entry into force for States which ratify, accept, approve or accede to the Convention after the date on which the Convention enters into force shall be 30 days after the date of deposit of an instrument in accordance with Article IV.4. Any instrument of ratification, acceptance, approval or acce

29、ssion deposited after the date of entry into force of an amendment to the Convention in accordance with Article III shall apply to Convention, as amended, and the Convention, as amended, shall enter into force for a State depositing such an instrument 30 days after the date of its deposit.5. The Sec

30、retary-General shall inform States of the date of entry into force of the Convention.Article VIDenunciation1. The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party.2. Denunciation shall be effect

31、ed by the deposit of an instrument of denunciation with the Secretary-General who shall notify States of any instrument of denunciation received and of the date of its receipt as well as the date on which such denunciation takes effect.3. A denunciation shall take effect one year, or such longer per

32、iod as may be specified in the instrument of denunciation, after its receipt by the Secretary-General.Article VIIDeposit and registration1. The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to States.2. As soon as the Convention enters into

33、 force, the Secretary-General shall transmit the text thereof to the Secretary-Ge neral of the Un ited Nati ons for registrati on and publication, in accordance with Article 102 of the Charter of the United Nations.Article VIIILanguagesThe Convention is established in a single copy in the Chinese, E

34、nglish, French, Russia n and Spanish Ian guages, each text being equally authe ntic. Official translations in the Arabic, German and Italian Ianguages shall be prepared and deposited with the sig ned orig in al.DONE AT HAMBURG this twen ty-seve nth day of April one thousa nd nine hundred and seve nt

35、y-nine.IN WITNESS WHEREOF the un dersig ned, being duly authorized by their respective Gover nments for the purpose, have sig ned the Conven ti on.Sig natures not reproduced here.ANNEXCHAPTER 1TERMS AND DEFINITIONS1.1 Shall is used in the Annex to in dicate a provisi on, the uniform applicati on of

36、which by all Parties is required in the in terest of safety of life at sea.1.2 Should is used in the Annex to indicate a provision, the uniform application of which by all Parties is recommended in the interest of safety of life at sea.1.3 The terms listed below are used in the Annex with the follow

37、ing meanings:.1 Search and rescue regi on. An area of defi ned dime nsions with in which search and rescue services are provided.2 Rescue co-ordination centre. A unit responsible for promoting efficientorga ni zati on of search and rescue services and for co-ord in at ing the con duct of search and

38、rescue operati ons with in a search and rescue regi on.3 Rescue sub-centre. A unit subordinate to a rescue co-ordination centre established to complement the latter within a specified area within a search and rescue region.4 Coast watching unit. A land unit, stationary or mobile, designated to maint

39、ain a watch on the safety of vessels in coastal areas.5 Rescue unit. A unit composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations.6 On-scene commander. The commander of a rescue unit designated to co-ordinate search and rescue

40、operations within a specified search area.7 Co-ordinator surface search. A vessel, other than a rescue unit, designated to co-ordinate surface search and rescue operations within a specified search area.8 Emergency phase. A generic term meaning, as the case may be, uncertainty phase, alert phase or

41、distress phase.9 Uncertainty phase. A situation wherein uncertainty exists as to the safety of a vessel and the persons on board.10 Alert phase. A situation wherein apprehension exists as to the safety of a vessel and of the persons on board.11 Distress phase. A situation wherein there is a reasonab

42、le certainty that a vessel or a person is threatened by grave and imminent danger and requires immediate assistance.12 To ditch. In the case of an aircraft, to make a forced landing on water. CHAPTER 2ORGANIZATION2.1 Arrangements for provision and co-ordination of search and rescue services2.1.1 Par

43、ties shall ensure that necessary arrangements are made for the provision of adequate search and rescue services for persons in distress at sea round their coasts.2.1.2 Parties shall forward to the Secretary-General information on their search and rescue organization and later alterations of importan

44、ce, including:.1 national maritime search and rescue services;.2 location of established rescue co-ordination centres, their telephone and telex numbers and areas of responsibility; and.3 principal available rescue units at their disposal.2.1.3 The Secretary-General shall in a suitable way transmit

45、to all Parties the information referred to in paragraph 2.1.2.2.1.4 Each search and rescue region shall be established by agreement among Parties concerned. The Secretary-General shall be notified of such agreement.2.1.5 In case agreement on the exact dimensions of a search and rescue region is not

46、reached by the Parties concerned, those Parties shall use their best endeavours to reach agreement upon appropriate arrangements under which the equivalent overall co-ordination of search and rescue services is provided in the area. The Secretary-General shall be notified of such arrangements.2.1.6

47、The Secretary-General shall notify all Parties of the agreements or arrangements referred to in paragraphs 2.1.4 and 2.1.5.2.1.7 The delimitation of search and rescue regions is not related to and shall not prejudice the delimitation of any boundary between States.2.1.8 Parties should arrange that t

48、heir search and rescue services are able to give prompt response to distress calls.2.1.9 On receiving information that a person is in distress at sea in an area within which a Party provides for the overall co-ordination of search and rescue operations, the responsible authorities of that Party shal

49、l take urgent steps to provide the most appropriate assistance available.2.1.10 Parties shall ensure that assistance be provided to any person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.2.2 Co-ordin

50、ation of search and rescue facilities2.2.1 Parties shall make provision for the co-ordination of the facilities required to provide search and rescue services round their coasts.2.2.2 Parties shall establish a national machinery for the overall co-ordination of search and rescue services.2.3 Establi

51、shment of rescue co-ordination centres and rescue sub-centres2.3.1 To meet the requirements of paragraphs 2.2.1 and 2.2.2 Parties shall establish rescue co-ordination centres for their search and rescue services and such rescue sub-centres as they consider appropriate.2.3.2 The competent authorities

52、 of each Party shall determine the area for which a rescue sub-centre is responsible.2.3.3. Each rescue co-ordination centre and rescue sub-centre established in accordance with paragraph 2.3.1 shall have adequate means for the receipt of distress communications via a coast radio station or otherwis

53、e. Every such centre and sub-centre shall also have adequate means for communication with its rescue units and with rescue co-ordination centres or rescue sub-centres, as appropriate, in adjacent areas.2.4 Designation of rescue units2.4.1 Parties shall designate either:.1 as rescue units, State or o

54、ther appropriate public or private services suitably located and equipped, or parts thereof; or.2 as elements of the search and rescue organization, State or other appropriate public or private services or parts thereof, not suitable for designation as rescue units, but which are able to participate

55、 in search and rescue operations, and shall define the functions of those elements.2.5 Facilities and equipment of rescue units2.5.1 Each rescue unit shall be provided with facilities and equipment appropriate to its task.2.5.2 Each rescue unit should have rapid and reliable means of communication w

56、ith other units or elements engaged in the same operation.2.5.3 Containers or packages containing survival equipment for dropping to survivors should have the general nature of their contents indicated by a colour code in accordance with paragraph 2.5.4 and by printed indication and self-explanatory

57、 symbols, to the extent that such symbols exist.2.5.4 The colour identification of the contents of droppable containers and packages containing survival equipment should take the form of streamers coloured according to the following code:.1 Red - medical supplies and first aid equipment;.2 Blue - fo

58、od and water;.3 Yellow - blankets and protective clothing; and.4 Black - miscellaneous equipment such as stoves, axes, compasses and cooking utensils.2.5.5 Where supplies of a mixed nature are dropped in one container or package, the colour code should be used in combination.2.5.6 Instructions on th

59、e use of the survival equipment should be enclosed in each of the droppable containers or packages. They should be printed in English and in at least two other languages.CHAPTER 3CO-OPERATION3.1 Co-operation between States3.1.1 Parties shall co-ordinate their search and rescue organizations and shou

60、ld, whenever necessary, co-ordinate search and rescue operations with those of neighbouring States.3.1.2 Unless otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and regulations, immediate entry into or over its territorial sea or ter

61、ritory of rescue units of other Parties solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. In such cases, search and rescue operations shall, as far as practicable, be co-ordinated by the appropriate rescue co-ordination centre

62、of the Party which has authorized entry, or such other authority as has been designated by that Party.3.1.3 Unless otherwise agreed between the States concerned, the authorities of a Party which wishes its rescue units to enter into or over the territorial sea or territory of another Party solely fo

63、r the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties, shall transmit a request, giving full details of the projected mission and the need for it, to the rescue co-ordination centre of that other Party, or to such other authority as has been

64、 designated by that Party.3.1.4 The competent authorities of Parties shall:.1 immediately acknowledge the receipt of such a request; and.2 as soon as possible indicate the conditions, if any, under which the projected mission may be undertaken.3.1.5 Parties should enter into agreements with neighbou

65、ring States setting forth the conditions for entry of each others rescue units into or over their respective territorial sea or territory. These agreements should also provide for expediting entry of such units with the least possible formalities.3.1.6 Each Party should authorize its rescue co-ordination centres:.1 to request from other rescue co-ordination centres such assistance, including vessels, aircraft, personnel or equipment, as may be needed;.2 to grant any nec