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”)
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 73/78),
HAVING CONSIDERED proposed amendments to Annex I of MARPOL 73/78,
1. ADOPTS, in accordance with Article 16(2)(d) of the 1973 Convention,
the amendments to Annex I of MARPOL 73/78 concerning
regulations 1, 12, 13, 17 and 38 and the Supplement to the IOPP
Certificate and Oil Record Book Parts I and II, the text of which
is set out in the 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 July
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 January 2011 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 MARPOL
73/78 certified copies of the present resolution and the text
of the amendments contained in the annex; and
5. REQUESTS FURTHER the Secretary-General to transmit
to the Members of the Organization which are not Parties to MARPOL 73/78 copies of the present resolution
and its annex.