4. Article
Izņēmumi
1. Šī Konvencija nav pielietojama:
a) kara kuģiem; un
b) kuģiem, kuru garums nepārsniedz 24 metrus (79 pēdas).
2. Nekas šajā Konvencijā nav pielietojams kuģiem, kuri brauc tikai un vienīgi:
a) pa Lielajiem Ziemeļamerikas ezeriem un Sv. Labrenča upi līdz taisnajai līnijai Austrumos, kas novilkta no Rosiera zemesraga līdz Antikosti salas Vestpointai, un tālāk uz Antikosti salas 63° rietumu meridiāna Ziemeļu virzienā;
b) Kaspijas jūrā; vai
c) pa Plates, Paranas un Urugvajas upēm līdz taisnajai līnijai, kas novilkta starp Punta Rasa (Kabo San Antonio) Argentīnā un Punta del Este Urugvajā.
- a)) kara kuģiem; un
- (1)) "Regulations" means the Regulations annexed to the present Convention;
- b)) kuģiem, kuru garums nepārsniedz 24 metrus (79 pēdas).
- (2)) "Administration" means the Government of the State whose flag the ship is flying;
- a)) pa Lielajiem Ziemeļamerikas ezeriem un Sv. Labrenča upi līdz taisnajai līnijai Austrumos, kas novilkta no Rosiera zemesraga līdz Antikosti salas Vestpointai, un tālāk uz Antikosti salas 63° rietumu meridiāna Ziemeļu virzienā;
- (3)) "international voyage" means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country;
- (4)) "gross tonnage" means the measure of the overall size of a ship determined in accordance with the provisions of the present Convention;
- b)) Kaspijas jūrā; vai
- c)) pa Plates, Paranas un Urugvajas upēm līdz taisnajai līnijai, kas novilkta starp Punta Rasa (Kabo San Antonio) Argentīnā un Punta del Este Urugvajā.
- (5)) "net tonnage" means the measure of the useful capacity of a ship determined in accordance with the provisions of the present Convention;
- (6)) "new ship" means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention;
- (7)) "existing ship" means a ship which is not a new ship;
- (8)) "length" means 96 per cent of the total length on a waterline at 85 per cent 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. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
- (9)) "Organization" means the Inter-Governmental Maritime Consultative Organization.
- (1)) The present Convention shall apply to the following ships engaged on international voyages:
- (2)) The present Convention shall apply to:
- (3)) Existing ships to which the present Convention has been applied in accordance with sub-paragraph (2)(c) of this Article shall not subsequently have their tonnages determined in accordance with the requirements which the Administration applied to ships on international voyages prior to the coming into force of the present Convention.
- (1)) The present Convention shall not apply to:
- (2)) Nothing herein shall apply to ships solely navigating:
- (1)) A ship which is not subject to the provision of the present Convention at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.
- (2)) In applying the provisions of the present Convention, the Contracting Governments shall give due consideration to and deviation or delay caused to any ship owing to stress of weather or any other cause of force majeure.
- (1)) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which have been determined in accordance with the present Convention.
- (2)) Such certificate shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration shall assume full responsibility for the certificate.
- (1)) A Contracting Government may, at the request of another Contracting Government, determine the gross and net tonnages of a ship and issue or authorize the issue of an International Tonnage Certificate (1969) to the ship in accordance with the present Convention.
- (2)) A copy of the certificate and a copy of the calculations of the tonnages shall be transmitted as early as possible to the requesting Government.
- (3)) A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same validity and receive the same recognition as a certificate issued under Article 7.
- (4)) No International Tonnage Certificate (1969) shall be issued to a ship which is flying the flag of a State the Government of which is not a Contracting Government.
- (1)) The certificate shall be drawn up in the official language or languages of the issuing country. If the language used is neither English nor French, the text shall include a translation into one of these languages.
- (2)) The form of the certificate shall correspond to that of the model given in Annex 2.
- (1)) Subject to any exceptions provided in the Regulations, an International Tonnage Certificate (1969) shall cease to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate, assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage.
- (2)) A certificate issued to a ship by an Administration shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (3) of this Article.
- (3)) Upon transfer of a ship to the flag of another State the Government of which is a Contracting Government, the International Tonnage Certificate (1969) shall remain in force for a period not exceeding three months, or until the Administration issues another International Tonnage Certificate (1969) to replace it, whichever is the earlier. The Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.
- (1)) A ship flying the flag of a State the Government of which is a Contracting Government shall be subject, when in the ports of other Contracting Government, to inspection by officers duly authorized by such Governments. Such inspection shall be limited to the purpose of verifying:
- (2)) In no case shall the exercise of such inspection cause any delay to the ship.
- (3)) Should the inspection reveal that the main characteristics of the ship differ from those entered on the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the Government of the State whose flag the ship is flying shall be informed without delay.
- (1)) All other treaties, conventions and arrangements relating to tonnage matters at present in force between Governments Parties to the present Convention shall continue to have full and complete effect during the terms thereof as regards:
- (2)) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.
- (1)) The present Convention shall remain open for signature for six months from 23 June 1969, and shall thereafter remain open for accession. Governments of States Members of the United Nations, or of any of the Specialized Agencies, or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become Parties to the Convention by:
- (2)) Acceptance or accession shall be effected by the deposit of an instrument of acceptance or accession with the Organization. The Organization shall inform all Governments which have signed the present Convention or acceded to it of each new acceptance or accession and of the date of its deposit. The Organization shall also inform all Governments which have already signed the Convention of any signature effected during the six months from 23 June 1969.
- (1)) The present Convention shall come into force twenty-four month after the date on which not less than twenty-five Governments of States the combined merchant fleets of which constitute not less than sixty-five per cent of the gross tonnage of the world's merchant shipping have signed without reservation as to acceptance or deposited instruments of acceptance or accession in accordance with Article 16. The Organization shall inform all Governments which have signed or acceded to the present Convention of the date on which it comes into force.
- (2)) For Governments which have deposited an instrument of acceptance of or accession to the present Convention during the twenty-four months mentioned in paragraph (1) of this Article, the acceptance or accession shall take effect on the coming into force of the present Convention or three months after the date of deposit of the instrument of acceptance or accession, whichever is the later date.
- (3)) For Governments which have deposited an instrument of acceptance of or accession to the present Convention after the date on which it comes into force, the Convention shall come into force three months after the date of the deposit of such instrument.
- (4)) After the date on which all the measures required to bring an amendment to the present Convention into force have been completed, or all necessary acceptances are deemed to have been given under sub-paragraph (b) of paragraph (2) of Article 18 in case of amendment by unanimous acceptance, any instrument of acceptance or accession deposited shall be deemed to apply to the Convention as amended.
- (1)) The present Convention may be amended upon the proposal of a Contracting Government by any of the procedures specified in this Article.
- (2)) Amendment by unanimous acceptance:
- (3)) Amendment after consideration in the Organization:
- (4)) Amendment by a conference:
- (5)) The Organization shall inform all Contracting Governments of an amendments which may come into force under this Article, together with the date on which each such amendment will come into force.
- (6)) Any acceptance or declaration under this Article shall be made by the deposit of an instrument with the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.
- (1)) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention comes into force for that Government.
- (2)) Denunciation shall be effected by the deposit of an instrument with the Organization which shall inform all the other Contracting Governments of any such denunciation received and of the date of its receipt.
- (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 Organization.
- (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 or take such measures as may be appropriate in an endeavour to extend the present Convention to that territory and may at any time by notification in writing to the Organization declare that the present Convention shall extend to such territory.
- (2)) (a) The United Nations, or any Contracting Government which has made a declaration under sub-paragraph (a) of paragraph (1) of this Article at any time after the expiry of a period of five years from the date on which the Convention has been so extended to any territory, may by notification in writing to the Organization declare that the present Convention shall cease to extend to any such territory named in the notification.
- (3)) The Organization shall inform all the Contracting Governments of the extension of the present Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under the provisions of paragraph (2) stating in each case the date from which the present Convention has been or will cease to be so extended.
- (1)) The present Convention shall be deposited with the Organization and the Secretary-General of the Organization shall transmit certified true copies thereof to all Signatory Governments and to all Governments which accede to the present Convention.
- (2)) As soon as the present Convention comes into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
- (1)) The tonnage of a ship shall consist of gross tonnage and net tonnage.
- (2)) The gross tonnage and the net tonnage shall be determined in accordance with the provisions of these Regulations.
- (3)) The gross tonnage and the net tonnage of novel types of craft whose constructional features are such as to render the application of the provisions of these Regulations unreasonable or impracticable shall be as determined by the Administration. Where the tonnage is so determined, the Administration shall communicate to the Organization details of the method used for that purpose, for circulation to the Contracting Governments for their information.
- (1)) Upper Deck
- (2)) Moulded Depth
- (3)) Breadth
- (4)) Enclosed spaces
- (5)) Excluded Spaces
- (6)) Passenger
- (7)) Cargo Spaces
- (8)) Weathertight
- (1)) The net tonnage (NT) of a ship shall be determined by the following formula:
- (2)) The moulded draught (d) referred to in paragraph (1) of this Regulation shall be one of the following draughts:
- (1)) When the characteristics of a ship, such as V, Vc, d, N1 or N2as defined in Regulations 3 and 4, are altered and where such an alteration results in an increase in its net tonnage as determined in accordance with the provisions of Regulations 4, the net tonnage of the ship corresponding to the new characteristics shall be determined and shall be applied without delay.
- (2)) A ship to which load lines referred to in sub-paragraphs (2)(a) and (2)(b) of Regulation 4 are concurrently assigned shall be given only one net tonnage as determined in accordance with the provisions of Regulation 4 and that tonnage shall be the tonnage applicable to the appropriate assigned load line for the trade in which the ship is engaged.
- (3)) When the characteristics of a ship such as V, Vc, d, N1or N2 as defined in Regulations 3 and 4 are altered or when the appropriate assigned load line referred to in paragraph (2) of this Regulation is altered due to the change of the trade in which the ship is engaged, and where such an alteration results in a decrease in its net tonnage as determined in accordance with the provisions of Regulation 4, a new International Tonnage Certificate (1969) incorporating the net tonnage so determined shall not be issued until twelve months have elapsed from the date on which the current Certificate was issued; provided that this requirement shall not apply:
- (1)) All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of structural boundary surfaces in ships constructed of any other material.
- (2)) Volumes of appendages shall be included in the total volume.
- (3)) Volumes of spaces open to the sea may be excluded from the total volume.
- (1)) All measurement used in the calculation of volumes shall be taken to the nearest centimetre or one-twentieth of a foot.
- (2)) The volumes shall be calculated by generally accepted methods for the space concerned and with an accuracy acceptable to the Administration.
- (3)) The calculation shall be sufficiently detailed to permit easy checking.
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