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”) 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),
HAVING CONSIDERED the revised Annex
IV of MARPOL 73/78,
1. ADOPTS, in accordance with article 16(2)(d)
of the 1973 Convention, the revised Annex IV of MARPOL 73/78, the
text of which is set out at annex to the present resolution;
2. DETERMINES, in accordance with article 16(2)(f)(iii)
of the 1973 Convention, that the revised Annex IV shall be deemed
to have been accepted on 1 February 2005, unless, prior to that date,
not less than one third of the Parties to MARPOL 73/78 or by the 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
notified to the Organization their objections to the amendments;
3. INVITES Parties to MARPOL 73/78 to note that,
in accordance with article 16(2)(g)(ii) of the 1973 Convention, the
said amendments shall enter into force on 1 August 2005 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 MARPOL 73/78 certified copies of the present resolution and the
text of the amendments contained in the annex;
5. REQUESTS FURTHER the Secretary-General to transmit
copies of this resolution and its annex to Members of the Organization
which are not Parties to MARPOL 73/78.