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 from
ships,
NOTING article 16 of
the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the "1973 Convention"), 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")
and article 4 of the Protocol
of 1997 to amend the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (hereinafter referred to as the "1997 Protocol"), which together
specify the amendment procedure of the 1997 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 and 1997 Protocols,
NOTING ALSO that, by the 1997 Protocol, Annex VI entitled Regulations for the Prevention
of Air Pollution from Ships was added to the 1973 Convention (hereinafter
referred to as "Annex VI"),
RECALLING that the Assembly, at its twenty-eighth regular
session, adopted, by resolution A.1070(28),
the IMO Instruments Implementation Code (III Code),
HAVING CONSIDERED proposed amendments to MARPOL Annexes VI to make the use of the III Code
mandatory,
1 ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention,
amendments to Annex VI, the text of which is set out in the annex
to the present resolution;
2 DETERMINES that, pursuant to new regulation
24 of Annex VI, whenever the word
"should" is used in the III Code (annex to resolution A.1070(28)), it is to be read as being
"shall", except for paragraphs 29, 30, 31 and 32;
3 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
2015, 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% of the gross tonnage of the world's merchant fleet, have
communicated to the Organization their objection to the amendments;
4 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 2016 upon their acceptance in accordance with paragraph
2 above;
5 REQUESTS the Secretary-General, in conformity
with article 16(2)(e) of the
1973 Convention, to transmit to all Parties to the 1973 Convention,
as modified by the 1978 and 1997 Protocols, certified copies of the
present resolution and the text of the amendments contained in the
annex;
6 REQUESTS FURTHER the Secretary-General to transmit
to the Members of the Organization which are not Parties to the 1973
Convention, as modified by the 1978 and 1997 Protocols, copies of
the present resolution and its annex.