Abuja MoU. :::: Download Center Memorandum of Understanding page 4

[SECTION 4]     PROVISION OF INFORMATION

4.1.   Each Authority will report on its inspection under the Memorandum to the Secretariat and their results, in accordance with the procedures specified in Annex 8.

4.2.   The Authorities will supply the following information to the Memorandum Secretariat:

a) Number of PSCOs working on their behalf on port State inspections. Where PSCOs work on a part-time basis, the total is corrected into a number of full-time employed PSCOs;
b) number of individual ships entering their ports in a representative year prior to the Memorandum;
c) fees for inspections, if any.

This information will be updated annually.

[SECTION 5]     OPERATIONAL VIOLATIONS

The Authorities will upon the request of another Authority endeavour to secure evidence relating to suspected violations of the requirements on operation matters of Rule 10 of the International Regulations for Preventing Collisions at Sea, 1972 and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, relating thereto. In case of suspected violations involving the discharge of harmful substances, an Authority will, upon the request of another Authority, visit in port the ship suspected of such a violation in order to obtain information and, where appropriate, to take a sample of any alleged pollutant. In the cases referred to in this article, the requesting Authority should state that the Flag State of the ship has already been notified of the alleged violation.

[SECTION 6]     TRAINING PROGRAMMES AND SEMINARS

The Authorities will endeavour to establish appropriate training programmes and seminars.

[SECTION 7]     ORGANISATION

7.1.   A Committee composed of a representative of each of the Authorities that are party to the Memorandum will be established. A representative of the International Maritime Organisation, the International Labour Organisation and the Maritime Organisation of West and Central Africa will be invited to participate without vote in the work of the Committee. Representatives of the maritime Authorities of other African States and, subject to the provisions of Section 10, any other Organisation or Authority which the Committee may deem appropriate, may be accorded the status of observer without vote.

7.2.   The Committee will meet at least once a year and at such other times as it may decide.

7.3.  The Committee will:

7.4 Expect where provided otherwise (in section 9), the Committee will take its decisions acting on simple majority.

7.5 A Secretariat will be established in accordance with the following principles:

a) The Secretariat is a non-profit making body located in [Lagos], Nigeria;

b) The Secretariat will be totally independent from any maritime administration or organisation;

c) The Secretariat will be governed by and be accountable to the Committee;

d) The Secretariat will have a bank account into which all dues and contributions are made;

e) the Secretariat will operate from the established bank account in accordance with the budget determined by the Committee.

7.6 The secretariat acting under the guidance of the Committee and within the limits of ther resources made available to it, will:

prepare meetings, circulate papers and provide such assistance as may be required to enable the Committee to carry out its functions;
facilitate the exchange of information, carry out the procedures outlined in Annex 2 and prepare reports as may be necessary for the purposes of the Memorandum;
carry out such other work as may be necessary to ensure the effective operation of the Memorandum.

[SECTION 8]     FINANCIAL MECHANISM

The costs for running the Secretariat and the Information Centre are financed by:

- the financial contribution of every Party to the Memorandum;
- gifts and subscriptions by donor countries or organisations.

Each Party to the Memorandum undertakes to settle its financial contribution to the costs for running the Secretariat and the Information Centre, in conformity with the decisions and procedures adopted by the Committee.

[SECTION 9 ]     FINANCIAL AMENDMENTS

9.1   Any Authority, which has accepted the Memorandum, may propose amendments to the Memorandum.

9.2   In the case of proposed amendments to sections of the Memorandum, the

Following procedure will apply:

a.   The proposed amendment will be submitted through the Secretariat for consideration at least six weeks before the Committee meets.

b.   Amendments will be adopted by a two-thirds majority of the representative of the Authorities present and voting in the Committee.

If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance.

9.3    The amendments of Section 2.1. are adopted by two-thirds of the representatives of the Authorities present and voting which are party to the new Convention proposed for inclusion as “relevant instrument”.

9.4    An amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Authorities in the Committee or at the end of any other period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority.

9.5    An amendment will take effect 60 days after it has been accepted or at the end of any

different, period determined unanimously by the representatives of the Authorities in the Committee.

9.6    In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

a.   The proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
b.   the amendment will be deemed to have been accepted at the end of a period of three months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in 9.2 will apply;
c.   the amendment will take effect 60 days after it has been accepted or at the end of any period determined unanimously by the Authorities.

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