i-law

The Ratification of Maritime Conventions

Chapter I.3.95

(STCW—F, 1995) INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR FISHING PERSONNEL, 1995

ADOPTED: The Conference of Contracting Governments adopted on 7 July 1995
REFERENCE:
ENTERED INTO FORCE: 29 September 2012
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XI

(1) The Convention shall remain open for signature at the Headquarters of the Organization from 1 January 1996 until 30 September 1996 and shall thereafter remain open for accession. States may become Parties to the Convention by:

  • 1. signature without reservation as to ratification, acceptance or approval; or
  • 2. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
  • 3. accession.

(2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

ENTRY INTO FORCE

Article XII

(1) The Convention shall enter into force 12 months after the date on which not less than 15 States have either signed it without reservation as to ratification, acceptance, or approval, or have deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with article 11.

(2) For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the Convention after the requirements 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 Convention or three months after the date of deposit of the instrument, whichever is the later date.

(3) For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention entered into force, the Convention shall become effective three months after the date of deposit of the instrument.

(4) After the date on which an amendment to the Convention is deemed to have been accepted under article 10, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.

DENUNCIATION

Article XIII

(1) 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 effected by notification in writing to the Secretary-General.

(3) A denunciation shall take effect 12 months after receipt of the denunciation by the Secretary-General or after the expiry of any longer period which may be indicated in the notification.

AMENDMENTS

Article X

(1) The Convention may be amended by either of the procedures specified in this article.

(2) Amendments after consideration within the Organization:

  • 1. Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization, to all the Parties and to the Director-General of the International Labour Office and of the Food and Agriculture Organization of the United Nations respectively, at least six months prior to its consideration.
  • 2. Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration.
  • 3. 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.
  • 4. Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee, expanded as provided for in paragraph 2.3 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.
  • 5. Amendments adopted in accordance with paragraph 2.4 shall be communicated by the Secretary-General to all the Parties.
  • 6. An amendment to an article shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties.
  • 7. An amendment to the Annex or to an appendix to the Annex shall be deemed to have been accepted:
  • 7.1 at the end of two years from the date of adoption; or
  • 7.2 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.
  • If, within the specified period, more than one-third of the Parties notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
  • 8. An amendment to an article shall enter into force, with respect to those Parties 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 that date, six months after the date of that Party’s acceptance.
  • 9. An amendment to the Annex and to an appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under paragraph 2.7 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 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:

  • 1. Upon the request of a Party concurred with by at least one-third of the Parties, the Organization shall convene, in association or consultation with the Director-General of the International Labour Office and of the Food and Agriculture Organization of the United Nations respectively, a Conference of the Parties to consider amendments to the present Convention.
  • 2. 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 to all the Parties for acceptance.
  • 3. 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 paragraphs 2.6 and 2.8 or 2.7 and 2.9 respectively, provided that references in those paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

(4) Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph 2.9 shall be submitted in writing to the Secretary-General, who shall inform all Parties of any such submission and the date of its receipt.

(5) The Secretary-General shall inform all the Parties of any amendments which enter into force, together with the date on which each such amendment enters into force.

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