Nairobi International Convention on the removal of wrecks, 2007:Article 1 Definitions

Nairobi International Convention on the removal of wrecks, 2007

Article 1 Definitions

Geldend

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For the purposes of this Convention:

1.

‘Convention area’ means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.

2.

‘Ship’ means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.

3.

‘Maritime casualty’ means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo.

4.

‘Wreck’, following upon a maritime casualty, means:

a)

a sunken or stranded ship; or

b)

any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or

c)

any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or

d)

a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.

5.

‘Hazard’ means any condition or threat that:

a)

poses a danger or impediment to navigation; or

b)

may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States.

6.

‘Related interests’ means the interests of a coastal State directly affected or threatened by a wreck, such as:

a)

maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;

b)

tourist attractions and other economic interests of the area concerned;

c)

the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and

d)

offshore and underwater infrastructure.

7.

‘Removal’ means any form of prevention, mitigation or elimination of the hazard created by a wreck. ‘Remove’, ‘removed’ and ‘removing’ shall be construed accordingly.

8.

‘Registered owner’ means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship, ‘registered owner’ shall mean such company.

9.

‘Operator of the ship’ means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended.

10.

‘Affected State’ means the State in whose Convention area the wreck is located.

11.

‘State of the ship's registry’ means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.

12.

‘Organization’ means the International Maritime Organization.

13.

‘Secretary-General’ means the Secretary-General of the Organization.

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