RECALLING Article 38(a) of the Convention on the International
Maritime Organization concerning the functions of the Marine Environment
Protection 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") 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),
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 I, II, III, IV and V to make the use of the III Code mandatory
1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention,
amendments to Annexes I, II, III, IV and V of
MARPOL, the text of which is set out in the annex to the present resolution;
2. DETERMINES that, pursuant to regulation 44
of Annex I, regulation 19 of Annex II, regulation 10 of Annex III,
regulation 15 of Annex IV and regulation 11 of Annex V, 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 MARPOL, 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 MARPOL, copies of the present resolution and its
annex.