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
proposed amendments to Annex I of MARPOL 73/78,
1. ADOPTS, in accordance with Article 16(2)(d)
of the 1973 Convention, the amendments to Annex I of MARPOL 73/78
concerning the addition of a new chapter 8 and consequential amendments
to the Supplement to the IOPP Certificate, Form B, the text of which
is set out in the annex to the present resolution;
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 1 July 2010 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 1 January 2011 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; 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 annex.