259 



cargo and any other relevant information with respect to tlie incident and, fur- 

 ther, where the incident involves : 



(a) Oil, as defined in Annex I of the present Convention, the report shall include 

 the description and quantity of oil carried and the quantity which has been dis- 

 charged or which may be discharged into the sea ; 



(b) A noxious substance, as defined in Annex II of the present Convention, the 

 report shall include a clear indication of the noxious substances carried, including 

 the correct technical names (not trade names) and a statement or estimate of 

 the quantities and concentrations of such substances discharged or that may be 

 discharged into the sea, and, if possible, the name of the consignor/consignee or 

 manufacturer ; 



(c) Harmful substances carried in packages, cargo containers or portable tanks, 

 the report shall include the correct technical names of the harmful substances, 

 the quantities and concentrations of such substances discharged or that may be 

 discharged, the description of the packaging and, if possible, any identifying 

 marks and the name of the consignor/consignee or manufacturer. 



(S) The Master shall : 



(a) Supplement the initial report, as necessary, to communicate information 

 concerning further developments : and 



(b) Comply as fully as possible with requests from affected States for addi- 

 tional information conceri ng the incident. 



(9) In the event of the ship being abandoned, the owners, charterers or their 

 agents ^ shall make the report or supplement the report of the Master with details 

 of damage to the ship, likely state of the cargo, a complete list of harmful sub- 

 stances on board, their stowage position, a statement or estimate of the quantity 

 and concentration of such substances discharged or that may be discharged, as 

 well as any other relevant information, and in general assume the obligations 

 placed upon the Master under the present Article. 



(10) Each Contracting State shall : 



(a) Make all arrangements necessary for an appropriate officer or agency to 

 receive and process all reports on incidents involving harmful substances ; and 



(b) Advise the Organization with complete details of such arrangements for 

 circulation to other Contracting States and Member States. 



ARTICLE R. — POWERS OF CONTRACTING STATES °' 



[ (1) Nothing in the present Convention shall be construed as derogating from 

 the powers of any Contracting State to take stricter measures within its juris- 

 diction in respect of any matter to which the Convention relates or as extending 

 the jurisdiction of any Contracting State.^' 



(2) A Contracting State shall not within its jurisdiction [in respect of ships 

 to which the Convention applies other than its own ships 1 ^ impose regulations 

 in respect of pollution control regarding ship design [and manning] ^" which are 

 not in accordance with the provisions of the Regulations]." 



^ One delegation was of the opinion that It would not be proper to refer to "ownerfs, 

 charterers or their agents" in this context but that the obligation should be addressed to 

 Contracting Governments. 



^^ (1) Some delegations proposed the deletion of paragraph (1) as this matter is already 

 covered by the existing International law. 



(ii) Several delegations proposed the deletions of paragraph (2) as such a provision 

 would restrict the right of a Contracting State to impose more stringent regulations within 

 its .iurisdiction. 



(iii) Some delegations proposed the deletion of Article 8 entirely, as such provisions do 

 not appear in other technical conventions. 



(iv) Final decision on this Article would affect the texts of certain Regulations in 

 Annexes, e.g. Regulation 9 of Annex I. 



3' Some delegations suggested that this paragraph should read as follows : "Nothing in 

 the present Convention shall be construed as derogating from the rights of coastal States 

 within the limits of their national jurisdiction, including the right to adopt stricter 

 measures in respect of any matter to which the Convention relates." 



^ Some delegations suggested the deletion of the square brackets. 



3» Some delegations suggested the deletion of the square brackets around "and manning", 

 while other delegations suggested the deletion of the words "and manning". 



*° Some delegations considered that the right of a Contracting State to Impose more 

 stringent regulations should be limited to operational matters. 



