RECALLING Article 28(b) of the Convention on the International
Maritime Organization concerning the functions of the Committee,
NOTING resolution MSC.122(75) by which it adopted the International
Maritime Dangerous Goods Code (hereinafter referred to as “the
IMDG Code”), which has become mandatory under chapter VII of
the International Convention for the Safety of Life at Sea (SOLAS),
1974, as amended (hereinafter referred to as “the Convention”),
NOTING ALSO Article VIII(b) and regulation VII/1.1 of the
Convention concerning amendment procedure for amending the IMDG Code,
HAVING CONSIDERED, at its eighty-fourth session, amendments
to the IMDG Code, proposed and circulated in accordance with Article
VIII(b)(i) of the Convention,
.1 ADOPTS, in accordance with Article VIII(b)(iv)
of the Convention, amendments to the IMDG Code, the text of which
is set out in the Annex to the present resolution;
.2 DETERMINES, in accordance with Article VIII(b)(2)(bb)
of the Convention, that the said amendments shall be deemed to have
been accepted on 1 July 2009, unless prior to that date, more than
one third of the Contracting Governments to the Convention or Contracting
Governments the combined merchant fleets of which constitute not less
than 50% of the gross tonnage of the world’s merchant fleet,
have notified their objections to the amendments;
.3 INVITES Contracting Governments to the Convention
to note that, in accordance with Article VIII(b)(vii)(2) of the Convention,
the amendments shall enter into force on 1 January 2010 upon their
acceptance in accordance with paragraph 2 above;
.4 AGREES that Contracting Governments to the
Convention may apply the aforementioned amendments in whole or in
part on a voluntary basis as from 1 January 2009;
.5 REQUESTS the Secretary-General, in conformity
with Article VIII(b)(v) of the Convention, to transmit certified copies
of the present resolution and the text of the amendments contained
in the Annex to all Contracting Governments to the Convention;
.6 FURTHER REQUESTS the Secretary-General to transmit
copies of this resolution and its Annex to Members of the Organization,
which are not Contracting Governments to the Convention.