RECALLING article 38(a) of the Convention on 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,
NOTING article 16 of
the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the "1973 Convention"), 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") and article 4 of the Protocol of 1997 to
amend the International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978 relating thereto
(herein after referred to as the "1997 Protocol"), which together
specify the amendment procedure of the 1997 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 and 1997 Protocols,
NOTING ALSO that, by the 1997 Protocol, Annex VI entitled Regulations for the Prevention
of Air Pollution from Ships is added to the 1973 Convention (hereinafter
referred to as "Annex VI"),
NOTING FURTHER that regulation
2(5) of Annex VI specifies the amendment procedure of the NOx Technical Code,
2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the amendments shall be deemed to have been accepted on 22 May
2006, 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 said amendments shall enter into force on
22 November 2006 upon their acceptance in accordance with paragraph
2 above;
4. REQUESTS the Secretary-General, in conformity
with article 16(2)(e) of the
1973 Convention, to transmit to all Parties to the 1973 Convention,
as modified by the 1978 and 1997 Protocols, certified copies of the
present resolution and the text of the amendments contained in the Annex;
5. REQUESTS FURTHER the Secretary-General to transmit
to the Members of the Organization which are not Parties to the 1973
Convention, as modified by the 1978 and 1997 Protocols, copies of
the present resolution and its Annex;
and
6. INVITES Parties to consider the application
of the aforesaid amendments to MARPOL Annex
VI with regard to the Harmonized System of Survey and Certification
(HSSC) as soon as practicable to ships entitled to fly their flag
before the expected date of entry into force of the amendments, and
invites other Parties to accept the certificates issued under the
HSSC for MARPOL Annex VI.