LegalizeDecreto n.º 49/99
TEXTO :
Decreto n.º 49/99
de 11 de Novembro
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo decreta o seguinte:
Artigo único
É aprovado, para assinatura, o Protocolo de 1988 à Convenção Internacional das Linhas de Carga, 1966, cujo texto em inglês e a respectiva tradução para português seguem em anexo ao presente diploma e dele fazem parte integrante.
Visto e aprovado em Conselho de Ministros de 26 de Fevereiro de 1998. - António Manuel de Oliveira Guterres - Jaime José Matos da Gama - João Cardona Gomes Cravinho.
Assinado em 15 de Outubro de 1999.
Publique-se.
O Presidente da República, JORGE SAMPAIO.
Referendado em 21 de Outubro de 1999.
O Primeiro-Ministro, António Manuel de Oliveira Guterres.
PROTOCOL OF 1988 RELATING TO THE INTERNATIONAL CONVENTION ON LOAD LINES, 1966
The Parties to the present Protocol:
Being parties to the International Convention on Load Lines, 1966, done at London on 5 April 1966;
Recognizing the significant contribution which is made by the above-mentioned Convention to the promotion of the safety of ships and property at sea and the lives of persons on board;
Recognizing also the need to improve further the technical provisions of the above-mentioned Convention;
Recognizing further the need for the introduction into the above-mentioned Convention of provisions for survey and certification harmonized with corresponding provisions in other international instruments;
Considering that these needs may best be met by the conclusion of a Protocol relating to the International Convention on Load Lines, 1966;
have agreed as follows:
Article I
General obligations
1 - The Parties to the present Protocol undertake to give effect to the provisions of the present Protocol and the annexes hereto, which shall constitute an integral part of the present Protocol. Every reference to the present Protocol constitutes at the same time a reference to the annexes hereto.
2 - As between the Parties to the present Protocol, the provisions of the International Convention on Load Lines, 1966 (hereinafter referred to as «the Convention»), except article 29, shall apply subject to the modifications and additions set out in the present Protocol.
3 - With respect to ships entitled to fly the flag of a State which is not a Party to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.
Article II
Existing certificates
1 - Notwithstanding any other provisions of the present Protocol, any International Load Line Certificate which is current when the present Protocol enters into force in respect of the Government of the State whose flag the ship is entitled to fly shall remain valid until it expires.
2 - A Party to the present Protocol shall not issue certificates under, and in accordance with, the provisions of the International Convention on Load Lines, 1966, as adopted on 5 April 1966.
Article III
Communication of information
The Parties to the present Protocol undertake to communicate to, and deposit with, the Secretary-General of the International Maritime Organization (hereinafter referred to as «the Organization»):
The text of laws, decrees, orders and regulations and other instruments which have been promulgated on the various matters within the scope of the present Protocol;
A list of nominated surveyors or recognized organizations which are authorized to act on their behalf in the administration of load line matters for circulation to the Parties for information of their officers, and a notification of the specific responsibilities and conditions of the authority delegated to those nominated surveyors or recognized organizations; and
A sufficient number of specimens of their certificates issued under the provisions of the present Protocol.
Article IV
Signature, ratification, acceptance, approval and accession
1 - The present Protocol shall be open for signature at the headquarters of the Organization from 1 March 1989 to 28 February 1990 and shall thereafter remain open for accession. Subject to the provisions of paragraph 3, States may express their consent to be bound by the present Protocol by:
Signature without reservation as to ratification, acceptance or approval; or
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
Accession.
2 - Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.
3 - The present Protocol may be signed without reservation, ratified, accepted, approved or acceded to only by States which have signed without reservation, accepted or acceded to the Convention.
Article V
Entry into force
1 - The present Protocol shall enter into force twelve months after the date on which both the following conditions have been met:
Not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping, have expressed their consent to be bound by it in accordance with article IV; and
The conditions for the entry into force of the Protocol of 1988 relating to the International Convention for the Safety of Line at Sea, 1974 have been met;
provided that the present Protocol shall not enter into force before 1 February 1992.
2 - For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Protocol after the conditions 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 the present Protocol or three months after the date of deposit of the instrument, whichever is the later date.
3 - Any instrument or ratification, acceptance, approval or accession deposited after the date on which the present Protocol enters into force shall take effect three months after the date of deposit.
4 - After the date on which an amendment to the present Protocol or an amendment, as between the Parties to the present Protocol, to the Convention is deemed to have been accepted under article VI, any instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol or the Convention as amended.
Article VI
Amendments
1 - The present Protocol and, as between the Parties to the present Protocol, the Convention may be amended by either of the procedures specified in the following paragraphs.
2 - Amendment after consideration within the Organization:
Any amendment proposed by a Party to the present Protocol shall be submitted to the Secretary-General of the Organization, who shall then circulate it to all Members of the Organization and all Contracting Governments to the Convention at least six months prior to its consideration;
Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration;
States which are Parties to the present Protocol, 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;
Amendments shall be adopted by a two-thirds majority of the Parties to the present Protocol present and voting in the Maritime Safety Committee expanded as provided for in subparagraph c) (hereinafter referred to as «the expanded Maritime Safety Committee») on condition that at least one third of the Parties shall be present at the time of voting;
Amendments adopted in accordance with subparagraph d) shall be communicated by the Secretary-General of the Organization to all Parties to the present Protocol for acceptance;
f):
An amendment to an article or annex A to the present Protocol or an amendment, as between Parties to the present Protocol, to an article of the Convention, shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties to the present Protocol;
ii) An amendment to annex B to the present Protocol or an amendment, as between Parties to the present Protocol, to an annex to the Convention, shall be deemed to have been accepted:
aa) At the end of two years from the date on which it is communicated to Parties to the present Protocol for acceptance; or
bb) At the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
However, if within the specified period either more than one third of the Parties, or Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of all the merchant fleets of all Parties, notify the Secretary-General of the Organization that they object to the amendment, it shall be deemed not to have been accepted;
g):
An amendment referred to in subparagraph f), i), shall enter into force with respect to those Parties to the present Protocol which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after the date, six months after the date of that Party's acceptance;
ii) An amendment referred to in subparagraph f), ii), shall enter into force with respect to all Parties to the present Protocol, except those which have objected to the amendment under that subparagraph 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 of the Organization that it exempts itself from giving effect to that amendment for a period not longer 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 expanded Maritime Safety Committee at the time of the adoption of the amendment.
3 - Amendment by a Conference:
Upon the request of a Party to the present Protocol concurred in by at least one third of the Parties, the Organization shall convene a Conference of Parties to consider amendments to the present Protocol and the Convention;
Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General of the Organization to all Parties for acceptance;
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 subparagraphs 2, f) and g), respectively, provided that references in these paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.
4 - a) A Party to the present Protocol which has accepted an amendment referred to in subparagraph 2, f), ii), which has entered into force shall not be obliged to extend the benefit of the present Protocol in respect of the certificates issued to a ship entitled to fly the flag of a State Party which, pursuant to the provisions of that subparagraph, has objected to the amendment and has not withdrawn such an objection, in so far as such certificates relate to matters covered by the amendment in question.
A Party to the present Protocol which has accepted an amendment referred to in subparagraph 2, f), ii), which has entered into force shall extend the benefit of the present Protocol in respect of the certificates issued to a ship entitled to fly the flag of a State Party which, pursuant to the provisions of subparagraph 2, g), ii), has notified the Secretary-General of the Organization that it exempts itself from giving effect to the amendment.
5 - Unless expressly provided otherwise, any amendment made under this article which relates to the structure of a ship shall apply only to ships the keels of which are laid or which are at a similar stage of construction on or after the date on which the amendment enters into force.
6 - Any declaration of acceptance of, or objection to, an amendment or any notice given under subparagraph 2, g), ii), shall be submitted in writing to the Secretary-General of the Organization, who shall inform all Parties to the present Protocol of any such submission and the date of its receipt.
7 - The Secretary-General of the Organization shall inform all Parties to the present Protocol of any amendments which enter into force under this article, together with the date on which each such amendment enters into force.
Article VII
Denunciation
1 - The present Protocol may be denounced by any Party at any time after the expiry of five years from the date on which the present Protocol enters into force for that Party.
2 - Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization.
3 - A denunciation shall take effect one year or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General of the Organization.
4 - A denunciation of the Convention by a Party shall be deemed to be a denunciation of the present Protocol by that Party. Such denunciation shall take effect on the same date as denunciation of the Convention takes effect according to paragraph 3 of article 30 of the Convention.
Article VIII
Depositary
1 - The present Protocol shall be deposited with the Secretary-General of the Organization (hereinafter referred to as «the depositary»).
2 - The depositary shall:
Inform the Governments of all States which have signed the present Protocol or acceded thereto of:
Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
ii) The date of entry into force of the present Protocol;
iii) The deposit of any instrument of denunciation of the present Protocol together with the date on which it was received and the date on which the denunciation takes effect;
Transmit certified true copies of the present Protocol to the Governments of all States which have signed the present Protocol or acceded thereto.
3 - As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication in accordance with article 102 of the Charter of the United Nations.
Article IX
Languages
The present Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
Done at London this eleventh day of November one thousand nine hundred and eighty-eight.
In witness whereof the undersigned (ver nota *), being duly authorized by their respective Governments for that purpose, have signed the present Protocol.
(nota *) Signatures omitted.
ANNEX A
Modifications and additions to articles of the International Convention on Load Lines, 1966
Article 2 , «Definitions». - The existing text of paragraph 8) is replaced by the following:
«8) 'Lenght' means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline if that be greater. Where the stem contour is concave above the waterline at 85% of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively shall be taken at the vertical projection to that waterline of the aftermost point of the stem contour (above that waterline). In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.»
Add a new paragraph 9) to read as follows:
«9) 'Anniversary date' means the day and the month of each year which will correspond to the date of expiry of the relevant certificate.»
Articles 3, 12, 16 and 21. - In the existing text of these articles all references to «(1966)» in relation to the International Load Line Certificate are deleted.
Article 4 , «Application». - The existing text of paragraph 3) is replaced by the following:
«3) The regulations contained in annex I, unless expressly provided otherwise, are applicable to new ships.»
Article 5 , «Exceptions». - In paragraph 2), c), the words «Punta Norte» are replaced by «Punta Rasa (Cabo San Antonio)».
Article 13 , «Survey, inspection and marking». - The existing heading is replaced by the following: «Surveys and marking».
A consulta deste documento não substitui a leitura do Diário da República correspondente. Não nos responsabilizamos por eventuais incorreções resultantes da transcrição do original para este formato.