255 



(4) (a) "Discharge" in relation to harmful substances, or effluent containing 

 these substances means any release howsoever caused from a ship.'* 



( b ) "Discharge" does not include : 



(i) dumping within the meaning of the Convention on the Prevention of Marine 

 Pollution by Dumping of Wastes and Other Matter at Sea, 1972 ; 



(ii) release of harmful substances directly arising from the exploration, 

 exploitation and associated off-shore processing of sea-bed mineral resources. 



(5) "Ship" means a vessel of any type whatsoever and includes hydrofoil 

 boats, air-cushion vehicles, submersibles, floating craft and fixed or floating plat- 

 forms operating in the marine environment. 



(6) "Organization" means the Inter-Governmental Maritime Consultative 

 Organization. 



ARTICLE 3. — APPLICATION 



( 1 ) The present Convention shall apply to : 



(a) Ships entitled to fly the flag of a Contracting State [including the terri- 

 tories to which reference is made in Article 19(2) ] * and 



(b) ships not entitled to fly a flag but which operate under the [authority] ' 

 of a Contracting State. 



(2) The present Convention shall not apply to any warship or other ship owned 

 or operated by a State and used for the time being, only on government non-com- 

 mercial service.* However, each Contracting State shall ensure by the adoption of 

 appropriate measures that such ships owned or operated by it act in a mannei' 

 consistent with the object and purpose of the present Convention. 



Alternative I ' 



ARTICLE 4. PENALTIES 



(1) Any discharge of harmful substances or effluent containing these sub- 

 stances in contravention of the provisions of the Regulations shall be prohibited 

 under: (a) the law^ of the Administration of the ship; [and] [or] (b) the law 

 of any other Contracting State when the discharge occurs within its territorial 

 seas." 



(2) The penalties provided under the law of a Contracting State in respect 

 of unlawful discharge of harmful substances or effluent containing these sub- 

 stances shall be adequate in severity to discourage any such unlawful discharge. 

 The penalties provided for in respect of unlawful discharge outside the ter- 

 ritorial seas " of a Contracting State shall be no less severe than the penalties 

 provided for under the law in respect of the same infringement within its terri- 

 torial seas." 



' Some delpfrations susRested tlip addition at the end of the sentence of the words "and 

 includes, hut is not limited to, any escape, spilling, leaking, pumping, emitting or emptying". 



« See footnote 78 under Article 19. 



'' See footnote 4. 



* Several delegations preferred the following wording : "The present Convention shall 

 not apply to warships and naval auxiliaries.". Some delegations were of the opinion that 

 if this alternative wording was not adopted, at least the words "or operated" and "for the 

 time heing" should he deleted. 



» Some delegations suggested that an additional paragraph be added to Article 4, which- 

 ever alternative is accepted, as follows : 



"Any Contracting State may cause proceedings to be taken when any ship to which 

 the present Convention applies enters its ports or off-shore terminals, in respect of any 

 violation by that ship, or its owner or master, of the requirements of the Convention, 

 wherever the violation occurred, provided, however, that such proceedings are commenced 

 no later than [three] years after the violation occurred. Whenever one Contracting State 

 has commenced such proceedings, no other proceedings in respect of the same violation 

 many be commenced by any other Contracting State except for the Administration of the 

 ship or any State within whose territorial sea i" the violation occurred. A report of any 

 such proceedings shall be sent to tlie Administration of tlie ship.". 



It was suggested that the period of time indicated in square brackets "[three]" should 

 be related to the period indicated in Regulation 2?, of Annex I. Other delegations took the 

 view that the concept contained in the present footnote could only be accepted subject 

 to one or more of the following additional nnalifications : 



(a) The violation occurred within [.50] nautical miles from the nearest land of the 

 State exercising jurisdiction under this provision ; 



(b) The Administration reserves the right to take over the prosecutions for any viola- 

 tion which has occurred outside the territorial seas w of a Contracting State : and 



(c) The proceedings could take place only with the consent of the Administration. 



