RECALLING Article 28(b) of the Convention on the International
Maritime Organization concerning the functions of the Committee,
NOTING that the 1997 SOLAS Conference adopted chapter XII of the International Convention
for the Safety of Life at Sea (SOLAS), 1974, concerning additional
safety measures for bulk carriers,
NOTING ALSO that SOLAS chapter XII which entered into force
on 1 July 1999 has since been revised by the adoption of resolutions MSC.170(79) and MSC.216(82),
NOTING FURTHER that definitions of the term “bulk
carrier” exist in SOLAS chapters II-1, IX and XII,
DESIRING to ensure that all Contracting Governments to the
1974 SOLAS Convention implement SOLAS chapters II-1, III,
IX, XI-1 and XII in
a consistent and uniform manner,
RECOGNIZING, therefore, the need to establish, for that
purpose, guidance on applications of, and interpretations to, the
relevant provisions of SOLAS,
1. URGES Governments concerned to:
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.1 apply the provisions of this resolution to
bulk carriers as defined in SOLAS and to ships as described in paragraph
1.5 of this resolution the keels of which are laid or which are at
a similar stage of construction on or after 1 January 2009;
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.2 apply the provisions of this resolution to
bulk carriers as defined in SOLAS and to ships which occasionally
carry dry cargoes in bulk as described in paragraphs 1.3.2, 1.6 and
1.7 of this resolution the keels of which are laid or which are at
a similar stage of construction on or after 1 July 2010;
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.3 interpret the term “bulk carrier”
and its definition, as follows:
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.1 “primarily to carry dry cargo in
bulk” means primarily designed to carry dry cargoes in
bulk and to transport cargoes which are carried, and loaded or discharged,
in bulk, and which occupy the ship's cargo spaces exclusively or predominantly;
and
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.2 “includes such types as ore carriers
and combination carriers” and “constructed
generally with single deck, top-side tanks and hopper side tanks in
cargo spaces” means that ships are not considered outside
the definition of bulk carriers on the grounds that they are not ore
or combination carriers or that they lack some or all of the specified
constructional features;
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.4 note with respect to the above definitions
that bulk carriers may carry cargoes which are not loaded or discharged
in bulk, and remain bulk carriers while so doing;
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.5 avoid the inappropriate application of provisions
of SOLAS chapters II-1, III, IX, XI-1 and XII to
certain dedicated ship types by excluding from the scope of cargoes
deemed, for the purpose of determining ship type, to be dry cargoes
carried in bulk:
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provided that loading and unloading is not carried out by
grabs heavier than 10 tonnes, power shovels and other means which
frequently damage cargo hold structures;
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.6 permit ships other than those described in
paragraphs 1.3 and 1.5 to occasionally carry dry cargoes in bulk,
provided:
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.1 they are of double-side skin construction (where
“double-side skin construction” is as defined in SOLAS chapter XII in relation to bulk carriers);
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.2 the freeboard assigned is type B without reduced
freeboard; and
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.3 they comply with SOLAS regulations as applicable
to bulk carriers to the extent indicated below:
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.9 not consider a ship complying with paragraphs
1.6 and 1.7 to be a bulk carrier but, subject to compliance with the
provisions in the relevant paragraphs, allow such ships to occasionally
carry dry cargoes in bulk; and
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.10 issue ships falling under the provisions of
paragraph 1.5 and ships occasionally carrying dry cargoes in bulk
with a statement attesting to the application of paragraph 1.5, 1.6
or 1.7 under the provisions of this resolution;
2. INVITES Governments concerned to bring the
contents of this resolution to the attention of all parties concerned.