and oily mixtures as would similarly remain for 

 disposal by all ships entering for repairs. 



Article VIII further requires each State Party to 

 determine which are the ports and oil loading 

 terminals in its territories for the above purposes 

 and to report to IMCO all cases in which the 

 facilities are alleged to be inadequate. 



The United States filed an exception to Article 

 VIII. 



(e.) Article VII requires that each ship covered 

 by the Convention shall be: 



so fitted as to prevent, so far as reasonable and 

 practicable, the escape of fuel oil or heavy diesel 

 oil into bilges, unless effective means are provided 

 to ensure that the oil in the bilges is not discharged 

 in contravention of this Convention. 



Article VII also calls upon States Parties to 

 avoid carrying water ballast in oil fuel tanks, if 

 possible. 



(2.) Article II (1) makes the Convention appli- 

 cable to: 



ships registered in any of the territories of a 

 Contracting Government and to unregistered ships 

 having the nationality of a Contracting Party, 

 except: 



tankers of under 150 tons gross tonnage and 

 other ships of under 500 tons gross tonnage, 

 provided that each Contracting Government will 

 take the necessary steps, so far as is reasonable and 

 practicable, to apply the requirements of the 

 Convention to such ships also, having regard to 

 their size, service and the type of fuel used for 

 their propulsion; 



ships for the time being engaged in the 

 whaling industry when actually employed on 

 whaling operations; 



ships for the time being navigating the Great 

 Lakes of North America and their connecting and 

 tributary waters as far east as the lower exit of St. 

 Lambert Lock at Montreal in the Province of 

 Quebec, Canada; 



naval ships and ships for the time being used 

 as naval auxiliaries 



Under Article II (2) however, each State Party 



undertakes to adopt appropriate measures en- 



suring that requirements equivalent to those of the 

 present Convention are, so far as is reasonable and 

 practicable, applied to f naval ships and ships for 

 the time being used as naval auxiliaries] . 



(3.) The Convention provides certain excep- 

 tions from its basic requirements: 



(a.) Article IV makes Article III inapplicable 

 to: 



the discharge of oil or of oily mixture from a 

 ship for the purpose of securing the safety of a 

 ship, preventing damage to a ship or cargo, or 

 saving life at sea; 



the escape of oil or of oily mixture resulting 

 from damage to a ship or unavoidable leakage, if 

 all reasonable precautions have been taken after 

 the occurrence of the damage or discovery of the 

 leakage for the purpose of preventing or mini- 

 mizing the escape; 



the discharge of residue arising from the 

 purification or clarification of fuel oil or lubrica- 

 ting oil, provided that such discharge is made as far 

 from land as is practicable. 



(b.) Article V makes Article III inapphcable to 

 the discharge from the bilges of a ship "of oily 

 mixture containing no oil other than lubricating 

 oil which has drained or leaked from machinery 

 spaces." 



(c.) Article III (b) excepts from its prohibition 

 the discharge of oil or of oily mixture from a ship, 

 other than a tanker, when the ship is proceeding to 

 a port not provided with the facilities referred to 

 in Article VIII of the Convention set forth above. 



Partly to offset the impact of this exception, 

 the United States accepted the Convention with 

 the understanding that "Article XI effectively 

 reserves to the parties to the Convention freedom 

 of legislative action in territorial waters, including 

 the appUcation of existing laws, anything in the 

 Convention which may appear to the contrary 

 notwithstanding."' '^ 



'"•s. Rep. No. 666, 87th Cong., 1st Sess. 1961, U.S. 

 Code Cong, and Adm. News 2395, 2398 (1961). Article 

 XI of the Convention provides: 



Nothing in the present Convention shall be construed as 

 derogating from the powers of any Contracting Govern- 

 ment to take measures within its jurisdiction in respect of 

 any matter to which the Convention relates or as 

 extending the jurisdiction of any Contracting Govern- 

 ment. 



VIII-82 



