Clasification Society Rulefinder 2022 - Version 9.36
Statutory Documents - IMO Publications and Documents - Resolutions - Assembly - IMO Resolution A.1070(28) IMO Instruments Implementation Code (III Code) (Adopted on 4 December 2013) - The Assembly,

The Assembly,

 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 that, through resolution A.1018(26), it approved the time frame and schedule of activities for the consideration and introduction of an institutionalized IMO Member State Audit Scheme,

 RECALLING ALSO that, by resolution A.1054(27), it adopted the Code for the Implementation of Mandatory IMO Instruments, 2011, which provides guidance for the implementation and enforcement of IMO instruments and forms the basis of the Voluntary IMO Member State Audit Scheme, in particular concerning the identification of the auditable areas,

 BEING AWARE of the request of the seventh session of the United Nations Commission on Sustainable Development (CSD 7) that measures be developed to ensure that flag States give full and complete effect to the IMO and other relevant conventions to which they are party, so that the ships of all flag States meet international rules and standards,

 RECOGNIZING that parties to the relevant international conventions have, as part of the ratification process, accepted to fully meet their responsibilities and to discharge their obligations under the conventions and other instruments to which they are party,

 REAFFIRMING that States have the primary responsibility to have in place an adequate and effective system to exercise control over ships entitled to fly their flag, and to ensure that they comply with relevant international rules and regulations in respect of maritime safety, security and protection of the marine environment,

 REAFFIRMING ALSO that States, in their capacity as port and coastal States, have other obligations and responsibilities under applicable international law in respect of maritime safety, security and protection of the marine environment,

 NOTING that, while States may realize certain benefits by becoming party to instruments aiming at promoting maritime safety, security and the prevention of pollution from ships, these benefits can only be fully realized when all parties carry out their obligations as required by the instruments concerned,

 NOTING ALSO that the ultimate effectiveness of any instrument depends, inter alia, upon all States:

  • (a) becoming party to all instruments related to maritime safety, security and pollution prevention and control;

  • (b) implementing and enforcing such instruments fully and effectively; and

  • (c) reporting to the Organization, as required,

 BEING DESIROUS to further assist Member Governments to improve their capabilities and overall performance in order to be able to comply with the IMO instruments to which they are party,

 CONSCIOUS of the difficulties some Member States may face in complying fully with all the provisions of the various IMO instruments to which they are party,

 MINDFUL of the need for any such difficulties to be eliminated to the extent possible; and recalling that the Organization has established an Integrated Technical Cooperation Programme for that reason and purpose,

 NOTING FURTHER that the Maritime Safety Committee and the Marine Environment Protection Committee have developed requirements for adoption by Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, the Protocol of 1988 relating to the International Convention on Load Lines, 1966, the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, 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, and the International Convention on Standards of Training, Certification and Watchkeeping, 1978, respectively, which will make the use of the Code referred to in operative paragraph 1 mandatory,

 RECALLING FURTHER its consideration of requirements for adoption by Contracting Governments to the International Convention on Load Lines, 1966, the International Convention on Tonnage Measurement of Ships, 1969 and the Convention on the International Regulations for Preventing Collisions at Sea, 1972, which will also make the use of the Code referred to in operative paragraph 1 mandatory,

 HAVING CONSIDERED the recommendations made by the Marine Environment Protection Committee, at its sixty-fourth session, and the Maritime Safety Committee, at its ninety-first session,

  1 ADOPTS the IMO Instruments Implementation Code (III Code), set out in the annex to the present resolution;

  2 REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to keep the Code under review and, in coordination with the Council, to propose amendments thereto to the Assembly; and

  3 REVOKES resolution A.1054(27) on the Code for the Implementation of Mandatory IMO Instruments, 2011.


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