Decreto n.º 13/90

TEXTO :

Decreto n.º 13/90

de 9 de Maio

Nos termos da alínea c) do n.º 1 do artigo 200.º da Constituição, o Governo decreta o seguinte:

Artigo único. É aprovada, para adesão, a Convenção sobre a Facilitação do Tráfego Marítimo Internacional, de 1965, cujo texto em inglês e a respectiva tradução para a língua portuguesa vão em anexo ao presente decreto.

Visto e aprovado em Conselho de Ministros de 15 de Março de 1990. - Aníbal António Cavaco Silva - Joaquim Fernando Nogueira - Luís Miguel Couceiro Pizarro Beleza - Luís Francisco Valente de Oliveira - João de Deus Rogado Salvador Pinheiro - João Maria Leitão de Oliveira Martins.

Ratificado em 18 de Abril de 1990.

Publique-se.

O Presidente da República, MÁRIO SOARES.

Referendado em 19 de Abril de 1990.

O Primeiro-Ministro, Aníbal António Cavaco Silva.

CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC

The Contracting Governments:

Desiring to facilitate maritime traffic by simplifying and reducing to a minimum the formalities, documentary requirements and procedures on the arrival, stay and departure of ships engaged in international voyages;

Have agreed as follows:

ARTICLE I

The Contracting Governments undertake to adopt, in accordance with the provisions of the present Convention and its annex, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnecessary delays to ships and to persons and property on board.

ARTICLE II

(1) The Contracting Governments undertake to cooperate, in accordance with the provisions of the present Convention, in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships. Such measures shall be, to the fullest extent practicable, not less favourable than measures applied in respect of other means of international transport; however, these measures may differ according to particular requirements.

(2) The measures for the facilitation of international maritime traffic provided for under the present Convention and its Annex apply equally to the ships of coastal and non-coastal States the Governments of which are Parties to the present Convention.

(3) The provisions of the present Convention do not apply to warships or pleasure yachts.

ARTICLE III

The Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in formalities, documentary requirements and procedures in all matters in which such uniformity will facilitate and improve international maritime traffic and keep to a minimum any alterations in formalities, documentary requirements and procedures necessary to meet special requirements of a domestic nature.

ARTICLE IV

With a view to achieving the ends set forth in the preceding articles of the present Convention, the Contracting Governments undertake to co-operate with each other or through the Inter-Governmental Maritime Consultative Organization (ver nota *) (hereinafter called the «Organization») in matters relating to formalities, documentary requirements and procedures, as well as their application to international maritime traffic.

(nota *) The name of the Organization was changed to the «International Maritime Organization» by virtue of amendments to the Organization's Convention which entered into force on 22 May 1982.

ARTICLE V

(1) Nothing in the present Convention or its Annex shall be interpreted as preventing the application of any wider facilities which a Contracting Government grants or may grant in future in respect of international maritime traffic under its national laws or the provisions of any other international agreement.

(2) Nothing in the present Convention or its Annex shall be interpreted as precluding a Contracting Government from applying temporary measures considered by that Government to be necessary to preserve public morality, order and security or to prevent the introduction or spread of diseases or pests affecting public health, animals or plants.

(3) All matters that are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.

ARTICLE VI

For the purposes of the present Convention and its Annex:

(a) «Standards» are those measures the uniform application of which by Contracting Governments in accordance with the Convention is necessary and practicable in order to facilitate international maritime traffic;

(b) «Recommended Practices» are those measures the application of which by Contracting Governments is desirable in order to facilitate international maritime traffic.

ARTICLE VII

(1) The Annex to the present Convention may be amended by the Contracting Governments, either at the proposal of one of them or by a Conference convened for that purpose.

(2) Any Contracting Government may propose an amendment to the Annex by forwarding a draft amendment to the Secretary-General of the Organization (hereinafter called the «Secretary-General»):

(a) Any amendment proposed in accordance with this paragraph shall be considered by the Facilitation Committee of the Organization, provided that it has been circulated at least three months prior to the meeting of this Commettee. If adopted by two thirds of the Contracting Governments present and voting in the Committee, the amendment shall be communicated to all Contracting Governments by the Secretary-General.

(b) Any amendment to the Annex under this paragraph shall enter into force fifteen months after communication of the proposal to all Contracting Governments by the Secretary-General unless within twelve months after the communication at least one third of Contracting Governments have notified the Secretary-General in writing that they do not accept the proposal.

(c) The Secretary-General shall inform all Contracting Governments of any notification received under subparagraph (b) and of the date of entry into force.

(d) Contracting Governments which do not accept an amendment are not bound by that amendment but shall follow the procedure laid down in article VIII of the present Convention.

(3) A conference of the Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General upon the request of at least one third of these Governments. Every amendment adopted by such conference by a two thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the amendment adopted.

(4) The Secretary-General shall notify promptly all signatory Governments of the adoption and entry into force of any amendment under this article.

ARTICLE VIII (ver nota *)

(1) Any Contracting Government that finds it impracticable to comply with any Standard by bringing its own formalities, documentary requirements or procedures into full accord with it or which deems it necessary for special reason to adopt formalities, documentary requirements or procedures differing from that Standard, shall so inform the Secretary-General and notify him of the differences between its own practice and such Standard. Such notification shall be made as soon as possible after entry into force of the present Convention for the Government concerned, or after the adoption of such differing formalities, documentary requirements or procedures.

(2) Notification by a Contracting Government of any such difference in the case of an amendment to a Standard or of a newly adopted Standard shall be made to the Secretary-General as soon as possible after the entry into force of such amended or newly adopted Standard, or after the adoption of such differing formalities, documentary requirements or procedures and may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into full accord with the amended or newly adopted Standard.

(3) Contracting Governments are urged to bring their formalities, documentary requirements and procedures into accord with the Recommended Practices in so far as practicable. As soon as any Contracting Government brings its own formalities, documentary requirements and procedures into accord with any Recommended Practice, it shall notify the Secretary-General thereof.

(4) The Secretary-General shall inform the Contracting Governments of any notification made to him in accordance with the preceding paragraphs of this article.

(nota *) The text of notifications received from Contracting Governments in compliance with this article is reproduced in a special publication entitled Supplement Relanting to the Annex to the Convention on Facilitation of International Maritime Traffic, 1965 - Notifications by Contracting Governments under article VIII of the Convention.

ARTICLE IX

The Secretary-General shall convene a conference of the Contracting Governments for revision or amendment of the present Convention at the request of not less than one third of the Contracting Governments. Any revision or amendments shall be adopted by a two thirds majority vote of the Conference and then certified and communicated by the Secretary-General to all Contracting Governments for their acceptance. One year after the acceptance of the revision or amendments by two thirds of the Contracting Governments, each revision or amendment shall enter into force for all Contracting Governments except those which, before its entry into force, make a declaration that they do not accept the revision or amendment. The conference may by a two thirds majority vote determine at the time of its adoption that a revision or amendment is of such a nature that any Contracting Government which has made such a declaration and which does not accept the revision or amendment within a period of one year after the revision or amendment enters into force shall, upon the expiration of this period, cease to be a party to the Convention.

ARTICLE X

(1) The present Convention shall remain open for signature for six months from this day's date and shall thereafter remain open for accession.

(2) The Governments os States Members of the United Nations, or of any of the specialized agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to the present Convention by:

(a) signature without reservation as to acceptance;

(b) signature with reservation as to acceptance followed by acceptance; or

(c) accession.

Acceptance or accession shall be effected by the deposit of an instrument with the Secretary-General.

(3) The Government of any State not entitled to become a Party under paragraph 2 of this article may apply through the Secretary-General to become a Party and shall be admitted as a Party in accordance with paragraph 2, provided that its application has been approved by two thirds of the Members of the Organization other than Associate Members.

ARTICLE XI

The present Convention shall enter into force sixty days after the date upon which the Governments of at least ten States have either signed it without reservation as to acceptance or have deposited instruments of acceptance or accession. It shall enter into force for a Government which subsequently accepts it or accedes to it sixty days after the deposit of the instrument of acceptance or accession.

ARTICLE XII

Three years after entry into force of the present Convention with respect to a Contracting Government, such Government may denounce it by notification in writing addressed to the Secretary-General who shall notify all Contracting Governments of the content and date of receipt of any such notification. Such denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General.

ARTICLE XIII

(1) (a) The United Nations in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory, and may at any time by notification in writing given to the Secretary-General declare that the Convention shall extend to such territory.

(b) The present Convention shall from the date of the receipt of the notification from such other date as may be specified in the notification extend to the territory named therein.

(c) The provisions of article VIII of the present Convention shall apply to any territory to which the Convention is extended in accordance with the present article; for this purpose, the expression «its own formalities, documentary requirements or procedures» shall include those in force in that territory.

(d) The present Convention shall cease to extend to any territory one year after the receipt by the Secretary-General of a notification to this effect, or on such later date as may be specified therein.

2 - The Secretary-General shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph 1 of this article, stating in each case the date from which the Convention has been so extended.

ARTICLE XIV

The Secretary-General shall inform all signatory Governments, all Contracting Governments and all Members of the Organization of:

(a) the signatures affixed to the present Convention and the dates thereof;

(b) the deposit of instruments of acceptance and accession together with the dates of their deposit;

(c) the date on which the Convention enters into force in accordance with article XI;

(d) any notification received in accordance with articles XII and XIII and the date thereof;

(e) the convening of any conference under articles VII or IX.

ARTICLE XV

The present Convention and its Annex shall be deposited with the Secretary-General who shall transmit certified copies thereof to signatory Governments and to acceding Governments. As soon as the present Convention enters into force, it shall be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XVI

The present Convention and its Annex shall be established in the English and French languages, both texts being equally authentic. Official translation shall be prepared in the Russian and Spanish languages and shall be deposited with signed originals.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention (ver nota *).

Done at London this ninth day of April 1965.

(nota *) Signatures omitted.

ANNEX

SECTION 1 - DEFINITIONS AND GENERAL PROVISIONS

A) DEFINITIONS

For the purpose of the provisions of this Annex, the following meanings shall be attributed to the terms listed:

Cargo. - Any goods, wares, merchandise, and articles of every kind whatsoever carried on a ship, other than mail, ship's stores, ship's spare parts, ship's equipment, crew's effects and passengers' accompanied baggage.

Crew's effects. - Clothing, items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship.

Crew member. - Any person actually employed for duties on board during a voyage in the working or service of a ship and included in the crew list.

Cruise ship. - A ship on an international voyage carrying passengers participating in a group programme and accommodated aboard, for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally:

(a) embark or disembark any other passengers;

(b) load or discharge any cargo.

Document. - Data carrier with data entries;

Data carrier. - Medium designed to carry records of data entries.

Mail. - Dispatches of correspondence and other objects tendered by and intended for delivery to postal administrations.

Passenger in transit. - A passenger who arrives by ship from a foreign country for the purpose of continuing his journey by ship or some other means of transport to a foreign country.

Passengers' accompanied baggage. - Property, which may include currency, carried for a passenger on the same ship as the passenger, whether in his personal possession or not, so long as it is not carried under a contract of carriage or other similar agrement.

Public authoriticies. - The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the Standards and Recommended Practies contained in this Annex.

Shipowner. - One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person acting on behalf of the owner or operator.

Ship's equipment. - Articles, other than ship's spare parts, on board a ship for use thereon, which are removable but not of a consumable nature, including accessories such as lifeboats, life-saving devices, furniture, ship's apparel and similar items.

Ship's spare parts. - Articles of a repair or replacement nature for incorporation in the ship in which they are carried.

Ship's stores. - Goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew membres, fuel and lubricants, but excluding ship's equipment and ship's spare parts.

Shore leave. - Permission for a crew member to be ashore during the ship's stay in port within such geographical or time limits, if any, as may be decided by the public authorities.

Time of arrival. - Time when a ship first comes to rest, whether at anchor or at a dock, in a port.

B) GENERAL PROVISIONS

In conjunction with paragraph 2 of article V of the Convention, the provisions of this Annex shall not preclude public authorities from taking such appropriate measures, including calling for further information, as may be necessary in cases of suspected fraud or to deal with special problems constituting a grave danger to public order (ordre public), public security or public health, or to prevent the introduction or spread of diseases or pest affecting animals or plants.

1.1 - Standard. - Public authorities shall in all cases require only essential information to be furnished, and shall keep the number of items to a minimum.

Where a specific list of particulars is set out in the Annex, public authorities shall not require to be furnished such of those particulars as they consider not essential.

1.1.1 - Recommended Practice. - Public authorities should take into account the facilitation implications which may result from the introduction of automatic data processing and transmission techniques, and should consider these in collaboration with shipowners and all other interested parties.

Existing information requirements and control procedures should be simplified, and attention should be given to the desirability of obtaining compatibility with other relevant information systems.