1 The Maritime Safety Committee, at its eighty-first
session (10 to 19 May 2006), noted that, on 1 July 2006, with the
entry into force of the amendments to SOLAS chapters
II-1, III and XII, there will be a definition of bulk
carrier contained, or referred to, in the revised regulations II-1/2 and XII/1.1 differing from the existing definition
contained in regulation IX/1.6.
2 In this context, the Committee further noted
that whereas the revised regulation II-1/2 made
reference to regulation XII/1.1,
the revised regulation III/31 made
reference to SOLAS regulation IX/1.6,
as far as the definition of bulk carriers was concerned, for ships
constructed on or after 1 July 2006, thereby creating a possible distinction
between bulk carriers.
3 In this context, the Committee acknowledged
the concern that the compliance of a ship, which was not certified
as a bulk carrier but nevertheless carries cargoes in bulk, with SOLAS chapter XII requirements, might be questioned
by port State control officers.
4 In view of the aforementioned potential problems,
the Committee agreed, until an appropriate interpretation of the definition
of bulk carrier harmonizing that definition is accepted by the Committee,
to reaffirm that, in the interim, the interpretation and application
of appropriate SOLAS requirements are the responsibility of flag Administrations.
5 Member Governments are invited to bring this
guidance to the attention of officials exercising port State control
actions and other parties, as appropriate.