Article 9 Measures to facilitate the removal of wrecks

Geldend

Documentgegevens:

Geldend vanaf 14-04-2015

Bronpublicatie:: 18-05-2007, Trb. 2008, 115 (uitgifte: 27-05-2008, kamerstukken/regelingnummer: -)
Inwerkingtreding: 14-04-2015
Bronpublicatie inwerkingtreding:: 10-05-2016, Trb. 2016, 59 (uitgifte: 10-05-2016, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Bijzondere onderwerpen

1.

If the Affected State determines that a wreck constitutes a hazard, that State shall immediately:

a): inform the State of the ship's registry and the registered owner; and
b): proceed to consult the State of the ship's registry and other States affected by the wreck regarding measures to be taken in relation to the wreck.

2.

The registered owner shall remove a wreck determined to constitute a hazard.

3.

When a wreck has been determined to constitute a hazard, the registered owner, or other interested party, shall provide the competent authority of the Affected State with evidence of insurance or other financial security as required by article 12.

4.

The registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.

5.

When the removal referred to in paragraphs 2 and 4 has commenced, the Affected State may intervene in the removal only to the extent necessary to ensure that the removal proceeds effectively in a manner that is consistent with considerations of safety and protection of the marine environment.

6.

The Affected State shall:

a): set a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard determined in accordance with article 6;
b): inform the registered owner in writing of the deadline it has set and specify that, if the registered owner does not remove the wreck within that deadline, it may remove the wreck at the registered owner's expense; and
c): inform the registered owner in writing that it intends to intervene immediately in circumstances where the hazard becomes particularly severe.

7.

If the registered owner does not remove the wreck within the deadline set in accordance with paragraph 6(a), or the registered owner cannot be contacted, the Affected State may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.

8.

In circumstances where immediate action is required and the Affected State has informed the State of the ship's registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.

9.

States Parties shall take appropriate measures under their national law to ensure that their registered owners comply with paragraphs 2 and 3.

10.

States Parties give their consent to the Affected State to act under paragraphs 4 to 8, where required.

11.

The information referred to in this article shall be provided by the Affected State to the registered owner identified in the reports referred to in article 5, paragraph 2.