RECALLING Article 38(a) of the Convention of the International
Maritime Organization concerning the functions of the Marine Environment
Protection Committee (the Committee) conferred upon it by international
conventions for the prevention and control of marine pollution,
RECALLING ALSO resolution MEPC.20(22) by which the Committee
adopted the Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (BCH Code),
NOTING article 16 of
the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978
relating to the International Convention for the Prevention of Pollution
from Ships, 1973 (hereinafter referred to as the "1978 Protocol")
which together specify the amendment procedure of the 1978 Protocol
and confer upon the appropriate body of the Organization the function
of considering and adopting amendments to the 1973 Convention, as
modified by the 1978 Protocol (MARPOL 73/78),
CONSIDERING that it is highly desirable for the provisions
of the BCH Code which are mandatory under MARPOL 73/78 and recommendatory
from a safety standpoint, to remain identical, when adopted by the
Marine Environment Protection Committee and the Maritime Safety Committee,
HAVING CONSIDERED the proposed amendments to the BCH Code,
1 ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the
1973 Convention, the amendments to the BCH Code, the text of which
is set out at the annex to the present resolution;
2 DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the amendments to the BCH Code shall be deemed to have been accepted
on 1 February 2007 unless, prior to that date, not less than one-third
of the Parties or Parties, the combined merchant fleets of which constitute
not less than 50 per cent of the gross tonnage of the world’s
merchant fleet, have communicated to the Organization their objection
to the amendments;
3 INVITES the Parties to note that, in accordance
with article 16(2)(g)(ii) of
the 1973 Convention, the amendments to the BCH Code shall enter into
force on 1 August 2007 upon their acceptance in accordance with paragraph
2 above;
4 INVITES ALSO the Maritime Safety Committee to
note this resolution and take action as appropriate;
5 REQUESTS the Secretary-General, in conformity
with article 16(2)(e) of the
1973 Convention, to transmit to all Parties to MARPOL 73/78 certified
copies of the present resolution and the text of the amendments to
the BCH Code contained in the annex; and
6 REQUESTS FURTHER the Secretary-General to transmit
copies of the present resolution and its annex to the Members of the
Organization which are not Parties to MARPOL 73/78.