Papers Relating to the Foreign Relations of the United States, 1926, Volume I

Treaty Series No. 736A

Final Act of the Preliminary Conference on Oil Pollution of Navigable Waters⁴⁷

At the invitation of the Government of the United States a preliminary conference of experts met at Washington on June 8, 1926, to consider questions relating to the pollution of navigable waters by oil, the object of the conference being to facilitate an exchange of views on technical matters and to consider the formulating of proposals for dealing with the problem of oil pollution of navigable waters through international agreement.

The Governments participating in the Conference and their representatives were:

• The United States of America: by
  • The Honorable Joseph S. Frelinghuysen.
  • Judge Stephen Davis, Solicitor of the Department of Commerce.
  • Dr. Arthur N. Young, Economic Adviser of the Department of State.
• Belgium:
  • Baron Joseph van der Elst, Secretary of the Belgian Embassy at Washington.
• British Empire:
  • Mr. C. Hipwood, Principal Assistant Secretary, Mercantile Marine Department, Board of Trade.
  • Mr. Albert E. Laslett, Deputy Engineer Surveyor in Chief of the Mercantile Marine Consultive Department.
  • Captain the Honorable A. Stopford, R. N., Naval Attaché at Washington.
  • Engineer Commander A. Knothe, R. N., Assistant Naval Attaché at Washington.
  • Mr. Archibald Maclean, Technical Assistant, Representative of British Shipowners.
• Canada:
  • Mr. W. W. Cory, Deputy Minister of the Interior.
  • Mr. Charles Duguid, Chief Naval Constructor, Department of Marine and Fisheries.
  • Engineer Commander T. C. Phillips, Consulting Naval Engineer, Royal Canadian Navy, Department of National Defense.
  • Mr. Jean Désy, Counselor, Department of External Affairs.
• Denmark:
  • Captain Th. Borg, R. D. N. R., Director of the Port of Copenhagen.
• France:
  • Captain Edmond D. Willm, Naval Attache at Washington.
  • Engineer Lieutenant P. Gripon, Assistant Naval Attache at Washington.
• Germany:
  • Dr. P. S. Lahr, Ministerial Counselor in the Reichs Ministry of Transportation.
  • Captain W. Drechsel, of the Association of German Shipowners.
• Italy:
  • Commander Count Ettore Sommati di Mombello, formerly Naval Attaché at Washington.
  • Commander Alberto Lais, Naval Attaché at Washington.
• Japan:
  • Mr. S. Sawada, Counselor of the Japanese Embassy at Washington.
• Japan:
  • Captain I. Yamamoto, I. J. N., Naval Attaché at Washington.
  • Engineer Commander E. Shibuya, I. J. N., Naval Inspector.
  • Mr. M. Tokuhisa, Expert in the Department of Agriculture and Forestry.
• Netherlands:
  • Jonkheer Dr. H. van Asch van Wyck, Chargé d’Affaires of the Netherlands at Washington.
  • Mr. A. Kruk, Government Inspector of Shipping.
  • Mr. F. C. Haanebrink, Nautical Inspector, Phs. van Ommeren’s Shipping Business, Ltd.
• Norway:
  • Mr. Alexis H. G. O. Lundh, Commercial Counselor of the Norwegian Legation at Washington.
• Spain:
  • Commander Adolfo H. de Solás, Naval Attaché at Washington.
• Sweden:
  • Mr. Gustaf Weidel, Commercial Counselor of the Swedish Legation at Washington.

The Conference had before it the Report on Oil Pollution of Navigable Waters made by an American Interdepartmental Committee to the Secretary of State of the United States dated March 13, 1926,^* and it was agreed that the estimate of the facts as to oil pollution and of the causes of oil pollution presented in that Report corresponded in the main with the view taken by those present at the conference.

The representative of the Netherlands stated that the oil nuisance in his country had been reduced to negligible proportions and was no longer troublesome. So far as it existed he considered that it arose much more from oil-burning vessels than from oil-carrying vessels.

The representative of Canada stated that he considered that bilge water was an important factor in causing oil pollution and recommended that any measures directed towards preventing oil pollution should take into account that factor.

With these qualifications, the statements as to the facts of oil pollution and the estimates as to causes contained in the United States Report were regarded as forming a sound basis for the work of the Conference. The passages of the Report to which reference is made are as follows: as to facts concerning conditions in different countries, pages 18–23 and 104–119; as to causes, pages 23–24.

It was agreed that there has been a marked diminution of oil pollution, since attention was first called to it, due both to the action of the Governments and to the voluntary cooperation of the interests concerned, but that the evil is still serious in some waters and that it can only be dealt with satisfactorily by international action.

The principal causes of oil pollution are vessels and land installations and terminals. As sources of pollution on land are largely limited to territorial waters and are being dealt with, and can only be dealt with, by the Governments concerned, this branch of the subject was not pursued by the Conference, and attention was concentrated on the other principal cause of pollution, vessels.

It was agreed that the only vessels which need be taken into account as potential sources of oil pollution, for the purposes of this Conference, are sea-going vessels carrying crude, fuel or diesel oil, in bulk as cargo, or as fuel for boilers or engines, and that these classes of vessels should be covered by any regulations that may be adopted.

Two classes of vessels require special mention, war vessels and small craft. War vessels are usually dealt with as a separate class, and it is assumed that the naval authorities of each country will take the necessary measures to ensure that those classed as war vessels take every possible precaution to prevent oil pollution. Small craft may find it difficult to comply fully with the regulations that may be laid down, and special provisions may have to be made to meet their case, but they should be required to do all that is reasonable and practicable to avoid oil pollution, and any special provisions should apply only to vessels of limited bunker content.

There is no hard and fast line dividing oily mixtures which are harmful from those practically innocuous, and opinions may differ as to the precise point at which the line should be drawn; but the Conference, after hearing the experts, came to the conclusion that a mixture containing more than .05 of one per cent of crude, fuel or diesel oil should be regarded as constituting a nuisance, and that for all practical purposes a mixture containing this percentage of oil or less need not, at any rate beyond territorial limits, be regarded as constituting a nuisance. Oily mixtures constituting a nuisance can generally be recognized by the film visible to the naked eye in daylight in clear weather which they produce on the surface of the sea.

The Conference is not in agreement at this time as to the extent and effects of pollution caused by deposit of oily mixtures on the high seas at distances greater than 50 miles from shore. One opinion is that such pollution already exists, that ocean fisheries are thereby endangered, and that oily discharges on the high seas tend to preserve their character for an indefinite period and may be borne by winds and currents into coastal waters and contribute to coastal pollution. For that reason the representatives of some Governments considered that after a specified period of notice the discharge of oily mixtures constituting a nuisance should be prohibited everywhere, and that in the meantime a system of areas should be established within which no such discharge should be allowed. The other opinion was to the effect that a sufficient case had not been made out for prohibition everywhere and that the establishment of an effective system of areas would provide a complete or almost complete cure for the evils complained of.

Both parties agree that the first measure is the establishment of a system of areas and both parties agree that such a system, if properly established and properly worked, will go a very considerable way toward curing the evil.

The Conference therefore agreed to recommend that a system of areas should be established on the coasts of maritime countries, and on recognized fishing grounds, within which no oil or oily mixtures, which constitute a nuisance, should be discharged.

Each country can determine what the width of the areas off its own coasts should be, in the light of its own special circumstances and conditions, such as prevailing winds, currents and the extent of its fishing grounds, and after consultation with its neighbors where this appears necessary. The general rule in the case of coasts bordering the open sea should be that the width of the area should not exceed 50 nautical miles, but that in exceptional cases, where the peculiar configuration of the coast or other special circumstances render such a course necessary, the width might be extended to 150 nautical miles.

Full information as to the extent of all areas, in the form of marked charts or otherwise, should be circulated to all governments concerned, and it would greatly facilitate the establishment and working of the system of areas under international agreement if one government were to undertake the duty of receiving, coordinating and circulating information upon the subject.

There are already a number of vessels equipped with apparatus for the separation of oil from their oily mixtures, and it is contemplated that the number of such vessels will materially increase. One obstacle to the installation of such apparatus lies in the apprehension in the minds of those concerned that under the laws of some countries vessels installing it might either incur some penalty in the matter of payment of dues based upon tonnage or might not receive any benefit from the resulting sacrifice of cargo space. It is recommended that necessary changes in admeasurement laws be made by the various governments to the end that such disadvantages may be removed.

The Conference has reached an agreement on the following recommendations to the respective governments for adoption by international agreement:

(1) That the Governments concerned provide for a system of prescribed areas in waters off their coasts beyond territorial limits (if necessary, after consultation with neighboring governments) within which vessels of the classes mentioned in recommendation No. 4 shall not discharge crude, fuel or diesel oil or mixtures having an oil content greater than that stated in recommendation No. 5.

(2) That along coasts bordering the open sea, such areas shall not extend more than 50 nautical miles from the coast, except, that if such extent is in particular instances found insufficient because of the peculiar configuration of the coast line or other special conditions, the Government affected may extend its area to a width of not exceeding 150 nautical miles, after consultation with neighboring governments, if necessary.

(3) That due notice of the establishment of any areas shall be given to the governments concerned in the form of marked charts or otherwise.

(4) That the regulations adopted with respect to prescribed areas shall be applicable to all sea-going vessels other than war vessels, carrying crude, fuel or diesel oil, in bulk as cargo or as fuel for boilers or engines, due consideration being given to the special necessities of small vessels. It is assumed that the naval authorities of each country will take the necessary measures to ensure that vessels classed as war vessels shall take every possible precaution to prevent oil pollution.

(5) That the discharge of oil or oily mixtures be prohibited within such areas if the oil content exceeds .05 of one per cent, that is, if it is sufficient to constitute a film on the surface of the sea visible to the naked eye in daylight in clear weather.

(6) That each government agrees to use all reasonable means to require its vessels to respect all such areas.

(7) That no penalty or disability of any kind whatever in the matter of tonnage measurement or payment of dues be incurred by any vessel by reason only of the fitting of any device or apparatus for separating oil from water.

(8) That dues based on tonnage shall not be charged in respect of any space rendered unavailable for cargo by the installation of any device or apparatus for separating oil from water.

(9) That the term “device or apparatus for separating oil from water” as used in recommendations Nos. 7 and 8 shall include any tank or tanks of reasonable size, used exclusively for receiving waste oil recovered from the device or apparatus, and also the piping and fittings necessary for its operation.

(10) That each government should carefully observe the operation and effect of the area system off its coasts, and exchange information thereon with the other interested governments, so that if, after reasonable experience, any government may consider that such areas do not sufficiently protect its coasts, or that pollution beyond such areas has become or threatens to become a menace, such government may be in position to raise with the other governments the question whether the discharge beyond the limit of such areas of oil or oily mixtures constituting a nuisance should be prohibited.

(11) That a central agency be established as soon as practicable for receiving, coordinating and circulating to the governments concerned information of interest relating to the system of areas, the establishment of which is suggested in the foregoing recommendations, the experience with that system, and other data deemed advisable.

For the purpose of facilitating the conclusion of an international agreement the annexed draft of a convention is submitted for the consideration of the respective governments.

Done at the City of Washington this sixteenth day of June, one thousand nine hundred and twenty-six.

• Joseph S. Frelinghuysen
• Stephen Davis
• Arthur N. Young
• J. van der elst
• C. Hipwood
• Albert E. Laslett
• A. Stopford
• A. Knothe
• Archd Maclean
• W. W. Cory
• Charles Duguid
• T. C. Phillips
• Jhan Désy
• Th. Borg
• E. Willm
• P. Gripon
• E. Sommati di mombello
• Dr. Lahr
• W. Drechsel
• S. Sawada
• I. Yamamoto
• R. Shibuya
• M. Tokuhisa
• H. van Asch van Wyck
• A. Kruk
• Haanebrink
• A. Lundh
• Adolfo H. de Solás
• Gustaf Weidel

annex

Draft of Convention

The Governments of

desiring to take action by common accord to prevent pollution of navigable waters by oil or oily mixtures discharged from vessels, have resolved to conclude a Convention for this purpose, and have appointed as their Plenipotentiaries:

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

I

The respective Governments may establish areas in waters adjacent to their coasts within which discharge from the vessels specified in Article III of oil or oily mixtures as defined in Article II shall be prohibited, in accord with the following principles:

(a) In the case of coasts bordering the open sea, such areas shall not extend more than 50 nautical miles from the coast, except that, if such extent is in particular instances found insufficient because of peculiar configuration of the coast line or other special conditions, such areas may be extended to a width not exceeding 150 nautical miles.

(b) In case the government of any country desires to prescribe an area any part of which may be within 150 nautical miles of the coast of another country, that Government shall inform the Government of such other country before the area is prescribed.

(c) Due notice of the establishment of any area or areas, and of any change thereof, shall be given to the Governments of maritime states, in the form of charts or otherwise, by the central agency mentioned in Article VII.

II

The discharges which may be prohibited in any area prescribed pursuant to Article I are (a) crude, fuel or diesel oil, or (b) any mixture containing more than .05 of one per cent of such oil, or having a content of such oil sufficient to form a film on the surface of the sea visible to the naked eye in daylight in clear weather.

III

The vessels which may be affected pursuant to the provisions of Article I are all sea-going vessels other than war vessels, carrying crude, fuel or diesel oil, in bulk as cargo or as fuel for boilers or engines. Special provisions may be adopted to meet the case of small vessels, of limited bunker capacity, but such vessels shall be required to take all reasonable precautions to prevent oil pollution.

IV

The respective Governments agree to take the necessary measures to ensure that vessels classed as war vessels shall take every possible precaution to prevent oil pollution.

V

Each Government will require vessels of the class specified in Article III, flying its national flag, when within any area prescribed pursuant to Article I, to refrain from discharging oil or oily mixtures as defined in Article II.

VI

The respective Governments agree:

(a) That no penalty or disability of any kind whatever in the matter of tonnage measurement or payment of dues be incurred by any vessel by reason only of the fitting of any device or apparatus for separating oil from water.

(b) That dues based on tonnage shall not be charged in respect of any space rendered unavailable for cargo by the installation of any device or apparatus for separating oil from water.

(c) That the term “device or apparatus for separating oil from water”, as used in paragraph (a) and (b) of this Article, shall include any tank or tanks, of reasonable size, used exclusively for receiving waste oil recovered from the device or apparatus, and also the piping and fittings necessary for its operation.

VII

The Government of is invited to establish a central agency for the purpose of receiving, coordinating and circulating to the Governments of maritime states information relating to the system of areas established under the terms of this Convention, the experience with that system, and other data pertaining to the problem of oil pollution of navigable waters and means for dealing with that problem.

In the event of this invitation being accepted the other contracting Governments undertake to forward to the central agency the data specified in paragraph (c) of Article I hereof and also ail other information which they consider appropriate for the purposes of this Article.

VIII

The Government of the United States will invite the Governments of maritime states other than the signatories to adhere to the present Convention. Such adherence shall be notified to the Government of the United States and by the latter to all the other Governments signatories to the Convention.

IX

The Present Convention shall take effect as soon as the ratifications of five of the Governments represented at the Washington Conference of June, 1926, shall have been notified to the Government of the United States. It may be denounced by any Government on notification to the Government of the United States to take effect one year from the date upon which such notification shall have been made.

47. Not printed in the Department of State Treaty Series; but printed in the separate pamphlet Final Act of the Preliminary Conference on Oil Pollution of Navigable Waters (and Annex), Signed June 16, 1926 (Washington, Government Printing Office, 1926), and also in Preliminary Conference, p. 430.
48. Government Printing Office, Washington, D. C. 119 pages, price 20 cents. [Footnote in the original.]