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Resolution MEPC.143(54)
Amendments to the Annex of the Protocol of 1978
Relating to the International Convention for the Prevention of Pollution
from Ships, 1973
(Addition of new regulation 13 of Annex IV of MARPOL
73/78)
adopted on 23 March 2006
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
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 the proposed new regulation
13 of Annex IV of MARPOL 73/78 concerning port State control on
operational requirements,
1. ADOPTS, in accordance with article 16(2)(b),
(c) and (d) of the 1973 Convention, the new regulation 13 of Annex
IV of MARPOL 73/78, the text of which is set out at annex to the
present resolution;
2. DETERMINES, in accordance with article 16(2)(f)(iii)
of the 1973 Convention, that the revised Annex IV shall be deemed
to have been accepted on 1 February 2007, unless, prior to that
date, not less than one third of the Parties to MARPOL 73/78 or
the 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 notified to the Organization their objections to the
amendments;
3. INVITES Parties to MARPOL 73/78 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 2007 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
copies of this resolution and its annex to Members of the Organization
which are not Parties to MARPOL 73/78.
Annex
Amendments to MARPOL Annex
IV
The following new chapter 5 and regulation
13 are added after the existing regulation 12:
"Chapter 5 – Port State Control
Regulation 13
Port State control on operational requirements*
1 A ship when in a port or an offshore terminal
of another Party is subject to inspection by officers duly authorized
by such Party concerning operational requirements under this Annex,
where there are clear grounds for believing that the master or crew
are not familiar with essential shipboard procedures relating to
the prevention of pollution by sewage.
2 In the circumstances given in paragraph (1) of
this regulation, the Party shall take such steps as will ensure
that the ship shall not sail until the situation has been brought
to order in accordance with the requirements of this Annex.
3 Procedures relating to the port State control
prescribed in article 5 of the present Convention shall apply to
this regulation.
4 Nothing in this regulation shall be construed
to limit the rights and obligations of a Party carrying out control
over operational requirements specifically provided for in the present
Convention.''
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