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 the international
conventions for the prevention and control of marine pollution,
BEING AWARE that the conditions for the deemed acceptance
of the 2004 amendments to the Annex to the Protocol of 1978 relating
to the International Convention for the Prevention of Pollution from
Ships, 1973 (revised Annex II to MARPOL
73/78), which were adopted at the fifty-second session of the Committee
on 15 October 2004, by resolution MEPC.118(52), were met on 1 July 2006, and that the revised Annex II of MARPOL 73/78 will enter into
force on 1 January 2007,
NOTING that the definition of "noxious liquid substances
carried in bulk" in article 1.5(a)(ii) of the International Convention
on Liability and Compensation for Damage in connection with the Carriage
of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention),
refers to Appendix II of Annex
II to MARPOL 73/78, as amended,
NOTING ALSO that the revised Annex
II to MARPOL 73/78 does not contain Appendix II; nonetheless,
that "noxious liquid substances carried in bulk" remain covered by regulation 1.10 of revised Annex
II,
NOTING FURTHER that the Legal Committee adopted resolution
LEG.4(91) on the implications of the revised Annex
II to MARPOL 73/78 for the reference in article 1.5(a)(ii)
of the HNS Convention to "noxious liquid substances carried in bulk",
DESIRING to ensure that all Contracting States and all States
wishing to become Parties to the HNS Convention interpret and implement
the Convention in a consistent and uniform manner,
.1 URGES Governments concerned to note that, as
the revised Annex II to MARPOL 73/78
will enter into force on 1 January 2007, "noxious liquid substances
carried in bulk" in article 1.5(a)(ii) of the HNS Convention will,
as from the same date, refer to noxious liquid substances as defined
in regulation 1.10 of the
revised Annex II of MARPOL 73/78, which are carried in bulk;
.2 REQUESTS the Secretary-General, in accordance
with article 53(2)(vii) of the HNS Convention, to transmit certified
copies of the present resolution to all States which have signed or
acceded to the HNS Convention;
.3 FURTHER REQUESTS the Secretary-General to transmit
copies of the present resolution to the Members of the Organization
which have not signed or acceded to the HNS Convention;
.4 INVITES Governments to bring this resolution
to the attention of all Parties concerned.