MEPC 54/21

I:\MEPC\54\21.DOC ANNEX 4

RESOLUTION MEPC.143(54)

Adopted on 24 March 2006

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING

TO THE INTERNATIONAL CONVENT ION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(Addition of regulation 13 to Annex IV of MARPOL 73/78)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Envi ronment Protection Committee (the Committee) conferred upon it by intern ational conventions for the preventi on and control of marine pollution,

NOTING article 16 of the Inte rnational Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1973 C onvention”) 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 appropria te body of the Organi zation the function of considering and adopting amendmen ts to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

HAVING CONSIDERED the proposed ne w 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, th e text of which is se t 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 Partie s to MARPOL 73/78 or by th e 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 Organi zation their objections to the amendments;

3. INVITES Parties to MARPOL 73/78 to note th at, 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 c onformity with article 16(2)(e) of the 1973 Convention, to transmit to all Pa rties to MARPOL 73/78 certified c opies of the present resolution

and the text of the amendments contained in the Annex; and

5. REQUESTS FURTHER the Secret ary-General to transmit copies of this resolution and its Annex to Members of the Organizati on which are not Parties to MARPOL 73/78.MEPC 54/21

ANNEX 4 Page 2

I:\MEPC\54\21.doc ANNEX

AMENDMENTS TO THE REVI SED 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 concer ning operational requireme nts under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to th e prevention of pollution by sewage.

2. In the circumstances given in paragraph (1) of this regulat ion, the Party sh all take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirem ents 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 shal l be construed to limit the righ ts and obligations of a Party carrying out control over operational requireme nts specifically provided for in the present

Convention.”

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∗ Refer to procedures for port State control adopted by the Organization by resolution A.787(19) and amended by resolution A.882(21); see IMO sales publication IMO-650E.