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,
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 draft amendments to Annexes I, II, IV and V of
MARPOL 73/78,
1 ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention,
the amendments to Annexes I, II, IV and V of MARPOL 73/78, 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 February 2013 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 August 2013 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;
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.