RECALLING Article 15(j) of the Convention on the International
Maritime Organization concerning the functions of the Assembly in
relation to regulations and guidelines concerning maritime safety
and the prevention and control of marine pollution from ships,
RECALLING ALSO Resolution A.741(18), by which it adopted
safety and pollution-prevention management requirements through the
International Management Code for the Safe Operation of Ships and
for Pollution Prevention (International Safety Management (ISM) Code),
RECALLING FURTHER that the 1994 Conference of Contracting
Governments to the International Convention for the Safety of Life
at Sea (SOLAS), 1974:
- adopted a new chapter IX on Management
for the Safe Operation of Ships by virtue of which the ISM Code is
due to become mandatory on 1 July 1998 (the date on which the new
chapter will apply to passenger ships, including passenger high-speed
craft, oil tankers, chemical tankers, gas carriers, bulk carriers
and cargo high-speed craft of 500 gross tonnage and upwards, regardless
of their date of construction);
- recognized that the implementation of the requirements of new
SOLAS chapter IX would place a significant
burden on Administrations, organizations acting on their behalf, shipowners
and operators and that experience had shown that it might require
as much as two years preparation by shipowners and operators to establish
a safety-management system that would meet the standard required by
the ISM Code; and
- recognizing that, even allowing for a necessary period of preparation,
a large number of applications for certification under the ISM Code
might be submitted close to the application dates specified in SOLAS Regulation IX/2, resolved to recommend
that all Administrations concerned designate dates in advance of the
application dates specified in SOLAS Regulation
IX/2 by which requests for certification should be submitted
for each ship type, in order to allow Administrations or organizations
recognized by them time to complete their certification schedule,
and shipping companies to rectify any non-compliance,
FURTHER RECALLING Resolution A.788(19) on Guidelines on
Implementation of the International Safety Management (ISM) Code by
Administrations, whereby Governments should have requested companies
concerned to apply for certification under the ISM Code not later
than 1 July 1997,
NOTING with concern that, in spite of the appeal for action
made in three circulars (MSC/Circ. 761, MSC/ Circ. 771 and MEPC/Circ.
311) regarding the implementation of the International Safety Management
(ISM) Code, the situation has not improved to a satisfactory level,
since a significant percentage of shipping companies and ships have
not either applied for or obtained the certification required by the
ISM Code, or "pre-authorization" certification prepared by the relevant
Administrations or recognized organizations,
NOTING ALSO with concern that some Governments have apparently
not yet enacted the required domestic legislation to give effect to
the requirements of the Code,
APPRECIATING the efforts made by the Secretary-General to
promote the timely and effective implementation of the ISM Code,
HAVING CONSIDERED the recommendations made by the Maritime
Safety Committee at its sixty-eighth session and by the Marine Environment
Protection Committee at its fortieth session,
1. DRAWS the attention of Member Governments,
Contracting Governments to SOLAS and the industry to the fact that
SOLAS Regulation IX/2 does not provide
for any extension of implementation dates for the introduction of
the ISM Code;
2. URGES all parties concerned to recognize that
ships which are not certified under the provisions of the ISM Code
will be regarded as not being in compliance with the requirements
of the SOLAS Convention and the privileges of the Convention may not
be claimed in favour of such ships under the provisions of the Convention,
when the Code becomes mandatory under SOLAS chapter
IX;
3. URGES ALSO all parties concerned to recognize
that:
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.1 non-compliance with the ISM Code may be regarded
as causing an increase in the risk of marine pollution which may lead
to a violation of pollution-prevention requirements; and that
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.2 article 217 of the United Nations Convention
on the Law of the Sea (UNCLOS) provides that penalties provided for
by laws and regulations to prevent, reduce and control pollution of
the marine environment of States for ships flying their flag shall
be adequate in severity to discourage violations wherever they occur;
4. URGES FURTHER Member Governments and Contracting
Governments to SOLAS to make the utmost effort to finalize as soon
as possible the ISM Code certification of ships entitled to fly their
flags as required by SOLAS Regulation IX/2;
5. DRAWS the attention of Member Governments to
the fact that a certain amount of "pre-authorization" certification
may exist, which may be considered as a basis for verification of
compliance with the ISM Code, if issued by an Administration or a
recognized organization meeting the requirements of resolution A.739(18)
and if it gives evidence of full compliance with the technical contents
of the ISM Code;
6. INVITES Governments to inform the Organization
about their arrangements for verifying compliance with the Code and
whether such verifications would be undertaken by Administrations
themselves, or by recognized organizations acting on their behalf,
in which case the Governments concerned are invited to inform the
Organization of the recognized organizations so authorized;
7. INVITES ALSO Member Governments and Contracting
Governments to SOLAS already at this stage:
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.1 to be aware that there is a significant amount
of work required to ensure application of the ISM Code to other general
cargo ships and mobile offshore drilling units of 500 gross tonnage
and upwards by 1 July 2002; and
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.2 to expedite the process of application of the
ISM Code to those ships well in advance of the enforcement date;
8. REQUESTS the Maritime Safety Committee and
the Marine Environment Protection Committee to keep the matter under
review and take action as appropriate; and
9. REQUESTS the Secretary-General to take any
such additional measures as may be required aiming at assisting in
ensuring the timely and effective implementation of the ISM Code.