RECALLING Article 38(a) of the Convention on the International
Maritime Organization concerning the functions of the Committee,
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 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),
RECALLING that the Tanker Safety and Pollution Prevention
Conference, 1978, by resolution 10, recommended that IMO take the
necessary action to amend the International Convention for the Safety
of Life at Sea, 1974 (the 1974 SOLAS Convention),
the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the 1978 Protocol relating thereto (MARPOL 73/78), and the International Convention
on Load Lines, 1966 (the 1966 Load Line Convention)
with a view to standardizing the periods of validity of the certificates
as well as the intervals of surveys required by these Conventions,
NOTING FURTHER that the International Conference on Harmonized System of
Survey and Certification, 1988, had adopted the Protocol of 1988 relating to the
International Convention for the Safety of Life at Sea, 1974 (the 1988 SOLAS Protocol)
and the Protocol of 1988 relating to the International Convention on Load Lines, 1966
(the 1988 Load Line Protocol) which introduces, inter alia, the harmonized system
of survey and certification under the 1974 SOLAS
Convention and the 1966 Load Line Convention, and that the Conference recommended
the Marine Safety Committee and the Maritime Environment Protection Committee to take
the necessary action:
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.1 to amend MARPOL 73/78,
the IBC Code, the BCH Code and the IGC Code in order to harmonize their survey and certification
requirements with those of the 1988 SOLAS Protocol and the 1988 Load
Line Protocol; and
-
.2 to bring those amendments into force on the
same date, or on a date as close as possible to the date on which
the 1988 SOLAS Protocol and the 1988 Load Line Protocol enter into
force.
HAVING CONSIDERED at its twenty-ninth session, amendments
to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,
1. ADOPTS, in accordance with article 16(2)(d)
of the 1973 Convention, amendments to the Annex of the 1978 Protocol, the text of which
is set out in the Annex to the present resolution;
2. REQUESTS the Secretary-General, in conformity with article 16(2)(e)
of the 1973 Convention, to transmit to all Parties to the 1978 Protocol certified copies
of the present resolution and the text of the amendments contained in the annex;
3. DETERMINES, in accordance with article 16(2)(f)(ii) and (iii) of the
1973 Convention, that the amendments shall be deemed to have been
accepted on the date six months after the conditions for the entry
into force of both the 1988 SOLAS Protocol and the 1988 Load Line
Protocol are met, provided that the date of acceptance is not before
1 August 1991, unless prior to that date, objections are communicated
to the Organization as provided for in article
16(2)(f)(iii);
4. INVITES the Parties to note that, in accordance
with article 16(2)(g)(ii) of
the 1973 Convention, the amendments shall enter into force six months
after their acceptance in accordance with the preceding paragraph;
5. REQUESTS that the Secretary-General inform all Parties
when the conditions for the entry into force of both the 1988 SOLAS Protocol and the
1988 Load Line Protocol are met and, in conformity with article 16(8) of the Convention,
when the amendments to the 1978 Protocol contained in the Annex to the present
resolution will enter into force;
6. REQUESTS FURTHER the Secretary-General to transmit to
the Members of the Organization which are not Parties to the 1978 Protocol copies of the
resolution and its Annex and to inform them when the amendments will enter into force.