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),
NOTING ALSO that regulation
13G of Annex I of MARPOL 73/78 specifies that the Condition
Assessment Scheme, adopted by resolution MEPC.94(46), may be amended provided such amendments shall be adopted,
brought into force and take effect in accordance with the provisions
of article 16 of the 1973 Convention relating to amendment procedures
applicable to an appendix to an Annex,
RECALLING ALSO resolution MEPC.99(48), by which the Committee
adopted amendments to the Condition Assessment Scheme, in accordance
with the provisions of article 16 of the 1973 Convention relating
to amendment procedures applicable to an appendix to an Annex,
HAVING ADOPTED, at its fiftieth session, amendments to regulation 13G of Annex I to MARPOL
73/78 by resolution MEPC.111(50) to
further accelerate the phase-out of single-hull tankers in an effort
to further enhance the protection of the marine environment,
RECOGNIZING the need to amend the Condition Assessment Scheme
for the purposes of application of the amendments to regulation 13G and the new regulation 13H of Annex I to MARPOL
73/78, as adopted by resolution MEPC.111(50),
HAVING CONSIDERED, at its fiftieth session, the proposed
amendments to the Condition Assessment Scheme,
1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention,
the amendments to the Condition Assessment Scheme, 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 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
to MARPOL 73/78 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 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 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 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;
6. INVITES the Maritime Safety Committee to note
the amendments to the Condition Assessment Scheme;
7. URGES the Maritime Safety Committee to undertake,
as a matter of priority, a review of the Guidelines on the Enhanced
Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers
(the Guidelines), adopted by resolution A.744(18) as amended, for the purpose of introducing and incorporating
relevant elements and provisions of the Condition Assessment Scheme
in the Guidelines, so as to ensure that oil tankers required to comply
with the provisions of the Condition Assessment Scheme will be subject
to a single and harmonized survey and inspection regime; and
8. AGREES that the Committee will undertake, as
soon as the Maritime Safety Committee has incorporated relevant elements
and provisions of the Condition Assessment Scheme into the Guidelines,
to carry out the necessary review of the Condition Assessment Scheme
and, if needed, of the provisions of regulations 13G and 13H of Annex I of MARPOL
73/78 related thereto with a view to ensuring that oil tankers
required to comply with the provisions of the Condition Assessment
Scheme will be subject to a single and harmonized survey and inspection
regime as adopted by the Maritime Safety Committee.