1988 Protocol relating to the International Convention for the Safety of Life at Sea (SOLAS) of 1974

Article 1: General Obligations

  • 1- The parties to this Protocol undertake to implement its provisions as well as the attached annex, which forms an integral part of it. Any reference to this Protocol shall simultaneously refer to its annex.

  • 2- The provisions of the International Convention for the Safety of Life at Sea of 1974, as amended (hereinafter referred to as the "Agreement"), shall apply between the parties to this Protocol, taking into account the changes and additions included in this Protocol.

  • 3- Regarding ships entitled to fly the flag of a state that is not a party to the Agreement and this Protocol, the parties to this Protocol shall apply the requirements of the Agreement and this Protocol as appropriate to ensure that such ships are not granted more favorable treatment.

Article 2: Previous Treaties

  • 1- This protocol shall replace and nullify the 1978 Protocol related to the Agreement among the Parties to this protocol.

  • 2- Notwithstanding other provisions in this protocol, any certificate issued in accordance with the texts of the Agreement, as well as any appurtenance to this certificate issued under the 1978 Protocol related to the Agreement and in effect at the time this protocol comes into force for the issuing Party of the certificate or its appurtenance, shall remain valid until its duration expires in accordance with the terms of the Agreement or the 1978 Protocol related to it, as applicable.

  • 3- A Party to this protocol shall not issue certificates under the provisions of the International Convention for the Safety of Life at Sea of 1974, in its form adopted on November 1, 1974, and in accordance with it.

Article 3: Exchange of Information

  • The parties to this protocol undertake to send to the General Secretary of the International Maritime Organization (hereinafter referred to as "the Organization") and deposit with him the following:

    • (a) Texts of laws, decrees, orders, regulations, and other instruments issued regarding various matters falling within the scope of this protocol.

    • (b) A list of those authorized by them from the appointed inspection experts or recognized organizations to implement the procedures related to the safety of lives at sea on their behalf, in order to circulate it among the parties for the purpose of informing their staff, and notifying them of the responsibilities and specific conditions of the powers granted to those experts or organizations.

    • (c) Sufficient numbers of samples of the certificates issued under the provisions of this protocol.

Article 4: Signature, Certification, Acceptance, Approval, and Accession

  • 1- The door for signing this protocol remains open at the headquarters of the organization starting from March 1, 1989, until February 28, 1990, and thereafter the door for accession remains open. Subject to the provisions of paragraph 3 of this article, countries may become parties to this agreement by:

    • (a) signing without reservation requiring ratification, acceptance, or approval.

    • (b) or signing subject to ratification, acceptance, or approval, provided that such ratification, acceptance, or approval follows.

    • (c) or accession.

  • 2- Ratification, acceptance, approval, or accession shall be effected by the deposit of an instrument to that effect with the General Secretary of the organization.

  • 3- Only those countries that have signed the agreement without reservation or have ratified, accepted, or acceded to it may sign this protocol without reservation or ratify, approve, accept, or accede to it.

Article 5: Commencement of Effect

  • 1- The protocol shall enter into force twelve months after the date on which the following two conditions are met:

    • A- At least fifteen countries, whose combined commercial fleets represent no less than fifty percent of the total gross tonnage of the global commercial fleet, express their acceptance of the obligation in accordance with Article Four.

    • B- The conditions for the entry into force of the 1988 Protocol relating to the International Convention on Load Lines of 1966 are met, provided that this protocol shall not enter into force before February 1, 1992.

  • 2- For countries that deposit the instrument of ratification of this protocol or acceptance or approval or accession after the conditions for its entry into force have been met but before the specified date for its entry into force, the ratification, acceptance, approval, or accession shall become effective on the date of the entry into force of this protocol or three months after the date of deposit of the instrument, whichever is later.

  • 3- Any instrument of ratification, acceptance, approval, or accession deposited after the date of the entry into force of this protocol shall take effect three months after the date of deposit.

  • 4- After the date on which any amendment to the current protocol is deemed accepted in accordance with Article Six, any instrument deposited for the ratification of this protocol or acceptance or approval or accession shall apply in its amended form.

Article 6: Amendments

  • Application of the procedures stipulated in Article Eight of the Agreement to any amendments made to the current Protocol, provided that:

  • 1. References in that Article to the Agreement and to the contracting governments are understood as references to this Protocol and to the Parties of this Protocol, respectively.

  • 2. Reliance on the provisions of this Protocol and its Annex and their enforcement shall be in accordance with the procedures applicable to amendments to the provisions of the Agreement or to the first chapter of its Annex.

  • 3. Amendments to the Annex of this Protocol may be adopted and enforced in accordance with the procedures applicable to amendments to the Annex of the Agreement, except for its first chapter.

Article 7: Withdrawal

  • 1- Any Party to this Protocol may withdraw from it at any time after the expiration of five years from the date of entry into force of this Protocol for that Party.

  • 2- The withdrawal shall be made by depositing an instrument to that effect with the General Secretary of the organization.

  • 3- The withdrawal shall take effect one year after the General Secretary of the organization receives the instrument of withdrawal or after a longer period specified in the aforementioned instrument.

  • 4- The withdrawal of a Party from the Agreement shall be considered as a withdrawal from this Protocol, and the effect of that withdrawal shall take place on the same date as the entry into force of the withdrawal from the Agreement in accordance with paragraph (c) of Article Eleven of the Agreement.

Article 8: Deposit

  • 1. This protocol shall be deposited with the General Secretary of the organization (hereinafter referred to as the "Depositary").

  • 2. The Depositary shall do the following:

    • أ) Inform the governments of all countries that have signed or acceded to this protocol of the following:

      • 1) Every new signature or deposit of an instrument of ratification, acceptance, approval, or accession, along with the related date.

      • 2) The date of the entry into force of this protocol.

      • 3) The deposit of an instrument of withdrawal from this protocol, including the date of receipt and the effective date of the withdrawal.

    • ب) Send certified true copies of this protocol to the governments of all countries that have signed or acceded to it.

  • 3. Once this protocol enters into force, the Depositary shall send a certified true copy to the General Secretariat of the United Nations for registration and publication in accordance with Article 102 of the United Nations Charter.

Article 9: Languages

  • - This protocol is drafted in one original copy in Spanish, English, Russian, Chinese, Arabic, and French, and the six texts are considered equal in authority. An official translation in Italian will be prepared and deposited with the signed original.

  • - Drafted in London on the eleventh of November, nineteen hundred and eighty.

  • - In witness whereof, the undersigned, duly authorized by their governments, have signed this protocol.

Protocol Annex

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