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”), 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 (herein
after 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 (hereinafter
referred to as “Annex VI”) is added to the 1973 Convention,
NOTING FURTHER regulation
13 of MARPOL Annex VI which makes the Technical Code on Control
of Emission of Nitrogen Oxides from Marine Diesel Engines (NOx Technical
Code) mandatory under that Annex,
HAVING CONSIDERED the draft amendments to the NOx Technical
Code,
1. ADOPTS, in accordance with article 16(2)(d)
of the 1973 Convention, the amendments to the NOx Technical
Code, as 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 1 January 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 July 2010 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 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;
5. 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;
6. INVITES the Parties to MARPOL
Annex VI and other Member Governments to bring the amendments
to the NOx Technical Code to the attention of shipowners,
ship operators, shipbuilders, marine diesel engine manufacturers and
any other interested groups.