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 proposed amendments to regulation
13G and consequential amendments to the Supplement (Form B) of the
IOPP Certificate of Annex I to MARPOL 73/38,
1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention,
the amendments to Annex I of MARPOL 73/78,
the text of which is set out at annexes 1, 2, 3 and 4 to the present
resolution, each of which being subject to separate consideration
by the Parties pursuant to Article 16(2)(f)(ii) of the 1973 Convention;
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 4 October 2004, 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 5 April 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 annexes; and
5. REQUESTS FURTHER the Secretary-General to transmit
to the Members of the Organization which are not Parties to MARPOL
73/78 copies of the present resolution and its annexes.