Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization’s Marine Environment Protection Committee and Maritime Safety Committee on the adoption of amendments to Annex II to the International Convention for the Prevention of Pollution from Ships, amendments to the International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011, amendments to the International Life-Saving Appliance Code, amendments to Forms C, E and P of the appendix to the International Convention for the Safety of Life at Sea, and to the International Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels
Date: 2019-03-28
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, international convention, marine environment, maritime safety, maritime transport, pollution control measures, pollution from ships, revision of an agreement, safety standard, technical standard

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   EUROPEAN COMMISSION  Brussels, 28.3.2019  COM(2019) 159 final 2019/0087 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization’s Marine Environment Protection Committee and Maritime Safety Committee on the adoption of amendments to Annex II to the International Convention for the Prevention of Pollution from Ships, amendments to the International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011, amendments to the International Life-Saving Appliance Code, amendments to Forms C, E and P of the appendix to the International Convention for the Safety of Life at Sea, and to the International Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels  
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT-MATTER OF THE PROPOSAL 

This  proposal  concerns  the  decision  establishing  the  position  to  be  taken  on  the  Union’s 
behalf  at  the  74th  session  of  the  International  Maritime  Organization’s  Marine  Environment 
Protection Committee (MEPC 74), which will take place in London 13 – 17 May 2019, and at 
the  101st  session  of  the  International  Maritime  Organization’s  Maritime  Safety  Committee 
(MSC  101),  which  will  take  place  in  London  5  –  14  June  2019,  in  connection  with  the 
envisaged adoption of amendments to MARPOL Annex II relating to cargo residues and tank 
washings  of  persistent  floating  products  with  a  high  viscosity  and/or  a  high  melting  point, 
amendments  to  the  International  Code  on  the  Enhanced  Programme  of  Inspections  During 
Surveys  of  Bulk  Carriers  and  Oil  Tankers  (ESP  Code),  2011,  amendments  to  paragraph 
6.1.1.3  of  the  International  Life-Saving  Appliance  Code  (LSA  Code),  amendments  to 
paragraph 4.4.8.1 of the LSA Code, amendments to the Records of Equipment (Forms C, E 
and  P  of  the  appendix  to  SOLAS)  and  amendments  to  parts  A  and  A-1 of  the  International 
Code of Safety for Ship Using Gases or Other Low-flashpoint Fuels (IGF Code).  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the International Maritime Organization (IMO) 

The Convention on the International Maritime Organization (IMO) establishes the IMO, the 
purpose of which is to provide a forum for co-operation among Governments in the field of 
governmental  regulation  and  practices  relating  to  technical  matters  of  all  kinds  affecting 
shipping engaged in international trade, and to encourage the general adoption of the highest 
practicable  standards  in  matters  concerning  maritime  safety,  efficiency  of  navigation  and 
prevention and control of marine pollution from ships, promoting a level playing field; and to 
deal with related administrative and legal matters.     

The Convention entered into force on 17 March 1958. 

All Member States are parties to the Convention.  

All Member States are parties to the International Convention for the Prevention of Pollution 
from  Ships  (‘MARPOL’), 1973, which entered into  force on 2 October  1983. The Union is 
not a party to MARPOL.  

All  Member  States  are  parties  to  the  International  Convention  for  the  Safety  of  Life  at  Sea 
('SOLAS'),  1974,  which  entered  into  force  on  25  May  1980.  The  Union  is  not  a  party  to 
SOLAS.  

The International Code on the Enhanced Programme of Inspections During Surveys of Bulk 
Carriers  and  Oil  Tankers  (ESP  Code),  2011,  provides  requirements  for  an  enhanced 
programme of inspections during surveys of single-hull and double-hull bulk carriers and of 
single-hull  and  double-hull  oil  tankers,  in  accordance  with  the  provisions  of  SOLAS 
regulation XI-1/2.  

The International Life-Saving Appliance Code (LSA Code), provides international standards 
requirements for the life-saving appliances covered by Chapter III of the SOLAS Convention, 
including personal  life-saving appliances, visual  aids,  survival  craft, rescue boats,  launching 
and  embarkation  appliances  and  marine  evacuation  systems,  line-throwing  appliances;  and 
general alarm and public address systems. 

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The  purpose  of  the  International  Code  of  Safety  for  Ship  Using  Gases  or  Other  Low-
flashpoint  Fuels  (IGF Code) is  to  provide an international  standard  for ships  operating with 
gas  or  low-flashpoint  liquids  as  fuel.  The  Code  addresses  all  areas  that  need  special 
consideration for the usage of the  gas or low-flashpoint liquids as fuel  and provides criteria 
for the arrangement and installation of machinery for propulsion and auxiliary purposes, using 
natural  gas  as  fuel,  which  will  have  an  equivalent  level  of  integrity  in  terms  of  safety, 
reliability  and  dependability  as  that  which  can  be  achieved  with  a  new  and  comparable 
conventional oil fuelled main and auxiliary machinery. 

2.2. 

The International Maritime Organization  

The International Maritime Organization (IMO) is the United Nations specialized agency with 
responsibility for the safety and security of shipping and the prevention of marine pollution by 
ships.  It  is  the  global  standard-setting  authority  for  the  safety,  security  and  environmental 
performance  of  international  shipping.  Its  main  role  is  to  create  a  regulatory  framework  for 
the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and  universally 
implemented.  

Membership in the Organization is open to all States and all EU Member States are members 
of  the  IMO.  The  European  Commission  has  held  an  observer  status  in  the  International 
Maritime  Organisation  (IMO)  since  1974  on  the  basis  of  an  Arrangement  for  Co-operation 
and  Collaboration  between  the  Inter-Governmental  Maritime  Consultative  Organisation 
(IMCO)1 and the Commission of the European Communities on matters of mutual interest to 
the parties. 

The  IMO Marine Environment Protection Committee consists of all the  IMO Members and 
meets  at  least  once  a  year.  It  addresses  environmental  issues  under  the  scope  if  the 
Organization concerned with the control and prevention of ship-source pollution covered by 
the MARPOL treaty, including oil, chemicals carried in bulk, sewage, garbage and emissions 
from  ships,  including  air  pollutants  and  greenhouse  gas  emissions.  Other  matters  covered 
include  ballast  water  management,  anti-fouling  systems,  ship  recycling,  pollution 
preparedness  and  response,  and  identification  of  special  areas  and  particularly  sensitive  sea 
areas. 

The IMO Marine Environment Protection Committee provides machinery for performing any 
duties assigned to it by the IMO Convention, the IMO Assembly or the IMO Council, or any 
duty within the above scope which may be assigned to it by or under any other international 
instrument  and  accepted  by  the  IMO.  Decisions  of  the  Marine  Environment  Protection 
Committee, and of its subsidiary bodies shall be adopted by a majority of the Members.  

The  IMO  Maritime  Safety  Committee  also  consists  of  all  the  IMO  Members  and  meets  at 
least once a year. It considers any matter within the scope of the Organization concerned with 
aids to navigation, construction and equipment of vessels, manning from a safety standpoint, 
rules  for  the  prevention  of  collisions,  handling  of  dangerous  cargoes,  maritime  safety 
procedures and requirements, hydrographic information, log-books and navigational records, 
marine  casualty  investigation,  salvage  and  rescue,  and  any  other  matters  directly  affecting 
maritime safety.  

The IMO Maritime Safety Committee provides machinery for performing any duties assigned 
to it by the IMO Convention, the IMO Assembly or the IMO Council, or any duty within the 
above scope which may be assigned to it by or under any other international instrument and 

1 

The name was changed in 1982 to International Maritime Organization (IMO). 

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accepted  by  the  IMO.  Decisions  of  the  Maritime  Safety  Committee,  and  of  its  subsidiary 
bodies shall be adopted by a majority of the Members.  

2.3. 
The envisaged act of the IMO Marine Environment Protection Committee 
On 13 – 17 May 2019, during its 74th session (MEPC 74), the Marine Environment Protection 
Committee is to adopt amendments to MARPOL Annex II relating to cargo residues and tank 
washings of persistent floating products with a high viscosity and/or a high melting point, to 
reduce  the  impact  on  the  environment.  The  purpose  of  the  envisaged  amendments  to 
MARPOL  Annex  II  is  to  address  substantial  pollution  caused  by  e.g.  discharge  of  paraffin 
wax within the North Sea and the Baltic Sea coastal states over the past several years.   

The envisaged act of the IMO Maritime Safety Committee 

2.4. 
On 5 – 14 June 2019, during its 101st session (MSC 101), the Maritime Safety Committee is 
to  adopt  amendments  to  the  International  Code  on  the  Enhanced  Programme  of  Inspections 
During  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011  (ESP  Code),  amendments  to  the  
International  Life-Saving Appliance Code (LSA Code), amendments to paragraph 4.4.8.1 of 
the LSA Code, amendments to the Records of Equipment (Forms C, E and P of the appendix 
to SOLAS) and amendments to parts A and A-1 of the International Code of Safety for Ship 
Using Gases or Other Low-flashpoint Fuels (IGF Code).  

2.4.1.  The  purpose  of  the  envisaged  amendments  the  ESP  Code  is  to  include  editorial 
changes identifying all mandatory requirements and improving the tables and forms.  
The amendments will furthermore merge the editorial changes with new substantial 
requirements in order to deal with recent updates to the International Association of 
Classification Societies’ (IACS) Unified Requirements (UR) Z10 series. The UR Z10 
series deals with hull surveys of oil tankers, bulk carriers, chemical tankers, double 
hull  oil  tankers  and  of  double  skin  bulk  carriers.  IACS  Unified  Requirements  are 
resolutions adopted by IACS on matters directly connected to or covered by specific 
rule  requirements  and  practices  of  classification  societies  and  the  general 
philosophy  on  which  the  rules  and  practices  of  classification  societies  are 
established.  Subject  to  ratification  by  the  governing  body  of  each  IACS  Member 
Society, Unified Requirements shall be incorporated in the Rules and practices of the 
Member  Societies,  within  one  year  of  approval  by  the IACS  General  Policy 
Group. Unified  Requirements  are  minimum  requirements.  Furthermore, 
the 
language used in the draft amendments is aligned with IMO nomenclature to avoid 
ambiguity and inconsistency. 

2.4.2.  The  purpose  of  the  envisaged  amendments  to  the  LSA  Code  is  to  ensure  uniform 
implementation  of  paragraph 6.1.1.3 concerning  manual launching of  small rescue 
boats that are not part of a ship’s survival craft.  

2.4.3.  The  aim  of  the  amendments  to  paragraph  4.4.8.1  of  the  LSA  Code  is  to  exempt 
lifeboats  with  two  independent  propulsion  systems  from  being  equipped  with 
sufficient  buoyant  oars  and  their  related  items  (thole  pins,  crutches  or  equivalent 
arrangements) to make headway in calm sea. During inspections it had been noted 
that some lifeboats with two independent propulsion systems had not been provided 
with either  paddles, oars or any other relevant  arrangement  to  accommodate these 
and  it  was  concluded  that  the  relevant  requirement  of  the  LSA  Code  and 
MSC/Circ.980/Add.1  does  not  take  into  account  lifeboats  designed  with  two 
independent propulsion systems.  

2.4.4.  MSC  100  approved  a  draft  Unified  Interpretation  indicating  that  “For  a  lifeboat 
equipped with two independent propulsion systems, where the arrangement consists 

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of  two  separate  engines,  shaft  lines,  fuel  tanks,  piping  systems  and  any  other 
associated ancillaries, paragraph 4.4.8.1 of the LSA Code need not be applied. For 
all other aspects,  the lifeboat  should be in  full  compliance with paragraph 4.4.8 of 
the LSA Code”. 

The existing paragraph 4.4.8.1 of the LSA Code is replaced in order to align it with the draft 
Unified Interpretation approved by MSC 100. 

2.4.5.  The purpose of the envisaged amendments to the Records of Equipment (Forms C, E 
and P of the appendix to SOLAS)  is to amend item 8.1 in Forms C, E and P in the 
appendix to the SOLAS Convention, by inserting a footnote  so as to indicate that not 
all of the indicators listed are applicable to all ships and therefore can be deleted as 
appropriate.  Generally,  not  all  types  of  ships  are  installed  with  the  indicators  in 
question (rudder, propeller, thrust, pitch and operating model indicator).  

2.4.6.  The envisaged amendments to parts A and A-1 of the International Code of Safety for 
Ship  Using  Gases  or  Other  Low-flashpoint  Fuels  (IGF  Code)  aim  at  providing 
consistency  to  the  IGF  Code,  regarding  the  existing  requirements  for  ships  using 
natural  gas  as  fuel  by  introducing  necessary  amendments  based  on  the  experience 
gained on the application of the Code.  

3. 

3.1. 

POSITION TO BE ADOPTED ON THE UNION’S BEHALF 

Amendments  to  MARPOL  Annex  II  requirements  relating  to  the  discharge 
requirements for tank washings containing high-viscosity and persistent floating 
products 

During the 68th session of the Marine Environment Protection Committee (MEPC 68), which 
took  place in  London 11  – 15 May 2015,  a new  output on "Review of MARPOL Annex  II 
requirements  that  have  an  impact  on  cargo  residues  and  tank  washings  of  high  viscosity, 
solidifying  and  persistent  floating  products  and  associated  definitions  and  preparation  of 
amendments"  was  approved  for  inclusion  in  the  biennial  agenda  of  the  Sub-Committee  on 
Pollution Prevention and Response, with a target completion year of 2018.  
The  draft  amendments  to  MARPOL  Annex  II  were  finalized  at  the  5th  session  of  the  Sub-
Committee  on  Pollution  Prevention  and  response  (PPR  5),  which  took  place  in  London 
5 - 9 February 2018.  The  73rd  session  of  the  Marine  Environment  Protection  Committee 
(MEPC  73),  which  took  place  in  London  22  –  26  October  2018,  approved  the  draft 
amendments to MARPOL Annex II with a view to adoption at MEPC 74.  

The  draft  amendments  to  MARPOL  Annex  II  are  set  out  in  Annex  13  to  IMO  Document 
MEPC  73/19.  Paragraph  11.12  of  the  MEPC  73  report  (MEPC  73/19)  indicates  that  the 
amendments are foreseen to be adopted at MEPC 74. 

3.2. 

Amendments  to  the  International  Code  on  the  Enhanced  Programme  of 
Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code)  
The 5th session of the Sub-Committee on Ship Design and Construction (SDC 5), which took 
place in London 22 – 26 January 2018, recalled that the 4th session of the Sub-Committee on 
Ship Design and Construction (SDC 4), which took place in London 13 – 17 February 2017,  
had  authorized  the  International  Association  of  Classification  Societies  (IACS)  and  the 
Secretariat  to  analyse  the  2011  ESP  Code,  with  a  view  to  proposing  editorial  changes  to 
identify all mandatory requirements; improve the format of the tables and forms; and provide 
a report on the progress made for consideration at SDC 5. 

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SDC 5 agreed that all substantive provisions currently contained in footnotes in the 2011 ESP 
Code should be included in the main body of the new consolidated text. SDC 5 furthermore 
agreed to improve the format of tables and forms in the ESP Code. SDC 5 finally also agreed 
to  merge  the  editorial  changes  with  new  substantial  amendments  to  the  2011  ESP  Code, 
proposed by IACS that deal with the recent updates to the IACS Unified Requirements (UR) 
Z10 series. 

SDC 5 endorsed the proposal to  submit the draft amendments  to  the 2011 ESP Code to  the 
99th  session  of  the  Maritime  Safety  Committee  (MSC  99),  which  took  place  in  London 
16 -25 May 2018, for approval, with a view to subsequent adoption of the amendments at the 
100th  session  of  the  Maritime  Safety  Committee  (MSC  100)  and  entry  into  force  on 
1 July 2020.  

MSC  99  considered  the  draft  amendments  to  the  2011  ESP  Code  prepared  by  SDC  5  in 
accordance with the procedure for undertaking regular updates of the Code, and approved the 
draft amendments to the 2011 ESP Code with a view to adoption at MSC 100. 

MSC  100,  which  took  place  in  London  3  –  7  December  2018,  considered  the  draft 
amendments, together with proposed modifications,  and noted that the language used in  the 
draft amendments was not in accordance with IMO nomenclature, i.e. "is to/are to" instead of 
"shall",  which  could  be  detrimental  to  the  future  development  of  the  IMO  regulations  as  it 
could  result  in  ambiguity  and  inconsistency.  Furthermore,  it  was  noted  that  the  draft 
amendments to the 2011 ESP Code should take into account the draft consolidated version of 
the  ESP  Code  currently  under  development  by  the  Sub-Committee  on  Ship  Design  and 
Construction.  

Following discussion, the MSC 100 decided to hold the adoption of the draft amendments to 
the 2011 ESP Code in abeyance with a view to preparing a revised set of draft amendments to 
the  2011  ESP  Code  using  "shall/should"  instead  of  "is  to/are  to",  as  appropriate,  for 
submission to MSC 101 with a view to adoption.  
This  item  was  included  in  Council  Decision  2018/16012.  According  to  Article  3  (3)  of  that 
Council Decision, minor changes to the position to be taken on the Union’s behalf in relation 
to  the  amendments  in  question  to  the  2011  ESP  Code  may  be  agreed  upon  without  further 
decision of the Council. However, as the changes to the amendments to the ESP Code cannot 
be considered minor, this item is included again in this proposal for a Council Decision on the 
position  to  be  taken  on  behalf  of  the  European  Union  at  the  International  Maritime 
Organization during the 101st session of the Maritime Safety Committee.  

The draft MSC resolution on amendments to the 2011 ESP Code is  set out in Annex [X] of 
the  MSC  100  report  [(MSC  100/XX/Add.X)].  Paragraph  [10.20]  of  the  MSC  100  report 
[(MSC 100/XX)] indicates that the amendments are foreseen to be adopted at MSC 101.  

3.3. 

Amendments  to  paragraph  6.1.1.3  of  the  International  Life-Saving  Appliance 
Code (LSA Code) 

The 96th session of the Maritime Safety Committee (MSC 96), which took place in  London 
11 – 20 May 2016,  had  agreed  to  include  a  new  output  on  "Uniform  implementation  of 

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Council Decision (EU) 2018/1601 of 15 October 2018 on the position to be taken on behalf of the 
European Union at the International Maritime Organization during the 73rd session of the Marine 
Environment Protection Committee and the 100th session of the Maritime Safety Committee, on the 
adoption of amendments to regulation 14 of Annex VI to the International Convention for the 
Prevention of Pollution from Ships and to the International Code on the Enhanced Programme of 
Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011, OJ L 267, 25.10.2018, p. 6. 

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paragraph 6.1.1.3 of the LSA Code" in the 2016-2017 biennial agenda of the Sub-Committee 
and the provisional  agenda for SSE 4, with  a target  completion  year of 2017. The output is 
aimed at developing amendments to paragraph 6.1.1.3 of the LSA Code, in order to facilitate 
its uniform implementation and, in particular, to allow the use of hand-operated mechanisms 
for launching rescue boats, which are not one of the ship's survival craft.  

Concerns about the hazards that the draft amendment to the LSA Code would introduce if the 
launching phase of a rescue boat from the stowed position to the outboard position was to be 
allowed without the number of persons assigned to crew the rescue boat on board as well as 
views related to the scope of application of the amendment were discussed at the 4th session of 
the  Sub-Committee  on  Ship  Systems  and  Equipment  (SSE  4),  which  took  place  in  London 
20 –  24  March  2017,  and  at  the  5th  session  of  the  Sub-Committee  on  Ship  Systems  and 
Equipment (SSE 5), which took place in London 12 – 16 March 2018.  
At  the  100th  session  of  the  Maritime  Safety  Committee  (MSC  100),  which  took  place  in 
London 3 – 7 December 2018, the Committee agreed to approve the draft amendments to the 
LSA  Code,  with  a  view  to  adoption  at  MSC  101.  Notwithstanding  this  decision,  the 
Committee  invited  the  6th  session  of  the  Sub-Committee  on  Ship  Systems  and  Equipment, 
taking  place  in  London  4  –  8  March  2019  to  consider  continued  concerns  about  the  draft 
amendments, with a view to advising MSC 101 prior to adoption of the amendments.  

The draft amendments to paragraph 6.1.1.3 of the LSA Code are set out in Annex [x] of the 
MSC  100  report  [(MSC  100/xx/Add.x)].  Paragraph  [9.6]  of  the  MSC  100  report 
[(MSC 100/xx)] indicates that the amendments are foreseen to be adopted at MSC 101.  

3.4. 

Amendments to paragraph 4.4.8.1 of the Life Saving Appliance Code  

At  the  fifth  session  of  the  Sub-Committee  on  Ship  Systems  and  Equipment  (SSE  5),  which 
took  place  in  London  12  –  16  March  2018,  the  Union  successfully  proposed  a  unified 
interpretation  (UI)  of  the  Life-Saving  Appliance  (LSA)  Code  Paragraph  4.4.8.1  and  the 
Standardized 
forms 
(MSC/Circ.980/Add.1, Section 4.4.1.2). MSC 100 approved the text of the draft UI and also 
approved  further  amendments  to  paragraph  4.4.8.1  of  the  LSA  Code  aimed  at  achieving 
consistency between the requirement of the Code and the UI.  

Life-Saving  Appliances 

Test  Report 

Evaluation 

and 

The amendments to paragraph 4.4.8.1 of the International Life-Saving Appliance Code (LSA 
Code)  are  set  out  in  Annex  [x]  of  the  MSC  100  report  [(MSC  100/xx/Add.x)].  Paragraph 
[9.23] of the MSC 100 report [(MSC 100/xx)] indicates that the amendments to the LSA Code 
are foreseen to be adopted at MSC 101.   

3.5. 

Amendments to the Records of Equipment (Forms C, E and P of the appendix 
to SOLAS)  

The 100th session of the Maritime Safety Committee (MSC 100), which took place in London 
3  –  7  December  2018,    agreed  to  consider  the  amendments  to  the  Records  of  Equipment 
(Forms  C,  E  and  P  of  the  appendix  to  SOLAS)  in  line  with  the  understanding  that  minor 
corrections/issues  can  be  considered  by  the  Committees  on  the  agenda  item  “Any  other 
business”. Following consideration, MSC 100 approved the proposed draft amendments with 
a view to adoption at the 101st session of the Maritime Safety Committee (MSC 101).  

The  draft  amendments  to  the  Records  of  Equipment  (Forms  C,  E  and  P  of  the  appendix  to 
SOLAS)  are  set  out  in  Annex  [x]  of  the  MSC  100  report  [(MSC  100/xx/Add.x)]. 
Paragraph [9.30] of the  MSC 100 report [(MSC  100/xx)] indicates that the amendments  are 
foreseen to be adopted at MSC 101. 

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3.6. 

Amendments  to  Parts  A  and  A-1  of  the  International  Code  of  Safety  for  Ship 
Using Gases or Other Low-flashpoint Fuels (IGF Code) 

The  fourth  session  of  the  Sub-Committee  on  Carriage  of  Cargoes  and  Containers  (CCC  4), 
which took place in  London 11 – 15 September 2017, re-established the Working Group on 
Development of Technical Provisions for the Safety of Ships Using Low-flashpoint Fuels, to 
continue work on draft amendments to the IGF Code regarding fuel cells and the development 
of draft technical provisions for the safety of ships using methyl/ethyl alcohol as fuel. CCC 4 
endorsed  the  draft  amendments  to  parts  A  and  A-1  of  the  IGF  Code  related  to  natural 
gas-specific requirements prepared by the Working Group and invited the 99th session of the 
Maritime  Safety  Committee  (MSC  99),  which  took  place  in  London  16  –  25  May  2018,  to 
approve the amendments with a view to adoption at the 100th session of the Maritime Safety 
Committee (MSC 100).  

MSC  99  considered  the  draft  amendments  to  parts  A  and  A-1  of  the  International  Code  of 
Safety  for  Ships  using  Gases  or  other  Low-flashpoint  Fuels  (IGF  Code)  together  with 
additional  comments  made  on  the  draft  amendments,  including  a  suggestion  to  include 
alternative  solution  to  protect  against  leakage  from  liquefied  fuel  pipes  outside  machinery 
space. Following the discussion, MSC 99 agreed to hold the approval of the draft amendments 
to  parts  A  and  A-1  of  the  IGF  Code  in  abeyance  and  instructed  the  fifth  session  of  the 
Sub-Committee on Carriage of Cargoes and Containers (CCC 5), which took place in London 
10 - 14 September 2018, to reconsider the draft amendments to regulation 9.5.6 and report the 
outcome to MSC 100 as an urgent matter. 

CCC 5 considered the draft amendments to regulation 9.5.6 of the IGF Code, and agreed that 
no further  changes to  regulation  9.5.6 were needed. CCC 5 thus  agreed to invite MSC 100, 
which took place in London 3 – 7 December 2018, as an urgent matter, to approve the draft 
amendments  to  parts  A  and  A-1  of  the  IGF  Code,  as  contained  in  annex  1  to  document 
CCC 4/12,  with  a  view  to  subsequent  adoption  at  the  101st  session  of  the  Maritime  Safety 
Committee (MSC 101).  

MSC  100  concurred  with  CCC  5  that  no  further  changes  to  regulation  9.5.6,  regarding  an 
alternative solution to protect against leakage, were needed. However, views were divided as 
regards  the  need  to  included  additional  text  to  ensure  the  applicability  of  leakage  detection 
requirements  for  pipes  carrying  liquefied  fuel.  MSC  100  agreed  to  the  text  as  prepared  by 
CCC  4,  an  approved  the  amendments  to  parts  A  and  A-1  of  the  IGF  Code,  with  a  view  to 
adoption  at  MSC  101,  while  noting  that  further  proposals  could  still  be  submitted  at  the 
adoption stage.  

The draft amendments to Parts A and A-1 of the International Code of Safety for Ship Using 
Gases  or  Other  Low-flashpoint  Fuels  (IGF  Code)  are  set  out  in  Annex [x]  of  the  MSC  100 
report  [(MSC  100/xx/Add.x)].  Paragraph  [11.5]  of  the  MSC  100  report  [(MSC  100/xx)] 
indicates that the amendments are foreseen to be adopted at MSC 101. 

3.7. 

Relevant EU legislation and EU competence 

3.7.1.  Amendments to regulation MARPOL Annex II  

Directive 2005/35/EC of the European Parliament and of the Council on ship-source pollution 
and on the introduction of penalties for infringements incorporates international standards for 
ship-source  pollution  into  EU  law  and  seeks  to  ensure  that  persons  responsible  for  illegal 
discharges are subject to adequate penalties. Polluting substances in the Directive are defined 
as substances covered by MARPOL Annexes I and II. Furthermore, Directive 2000/59/EC on 
port reception facilities for ship-generated waste and cargo residues requires Member States 
to  ensure  the  availability  of  port  reception  facilities  adequate  to  meet  the  needs  of  ships 

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normally using their ports and requires ships to deliver their waste, including cargo residues, 
to  those  facilities  before  departure,  with  the  ultimate  goal  of  reducing  discharges  of  waste 
from  ships  at  the  sea.  The  Annex  II  tank  washings  qualify  as  cargo  residues  under  this 
Directive. Directive 2000/59/EC  also  requires ships to  pre-notify the next  port of any  waste 
and  cargo  residues  it  wishes  to  deliver,  and  what  will  be  retained  on  board,  as  well  as  the 
storage capacity available.  

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
MARPOL  Annex  II  relating  to  cargo  residues  and  tank  washings  of  persistent  floating 
products with a high viscosity and/or a high melting point, would affect EU law, through the 
application of Directive 2005/35/EC of the European Parliament and of the Council on ship-
source  pollution  and  on 
infringements  and 
Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues. 

introduction  of  penalties 

the 

for 

3.7.2.  Amendments to the International Code on the Enhanced Programme of  Inspections 

During Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code) 

Regulation  (EU)  No  530/2012  of  the  European  Parliament  and  of  the  Council  on  the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-hull  oil 
tankers aims to establish an accelerated phasing-in scheme for the application of the double-
hull  or  equivalent  design  requirements  of  MARPOL  73/78,  as  defined  in  Article  3  of  this 
Regulation, to single-hull oil tankers, and to ban the transport to or from ports of the Member 
States of heavy grade oil in single-hull oil tankers. 

Regulation  (EU)  No  530/2012  makes  the  application  of  the  IMO's  Condition  Assessment 
Scheme (CAS) mandatory to single hull oil tankers above 15 years of age. Article 5 requires 
such  tankers  to  comply  with  the  CAS,  which  is  then  defined  in  Article  6  as  the  Condition 
Assessment  Scheme  adopted  by  Resolution  MEPC  94(46)  of  27  April  2001  as  amended  by 
Resolution  MEPC  99(48)  of  11  October  2002  and  by  Resolution  MEPC  112(50)  of 
4 December 2003. The Enhanced Programme of Inspections during surveys of Bulk Carriers 
and  Oil  Tankers  or  Enhanced  Survey  Programme  (ESP)  specifies  how  to  undertake  this 
intensified assessment. As CAS  uses ESP as the tool  to  achieve its  aim, any  changes to  the 
ESP  inspections  will  be  directly  and  automatically  applicable  through  Regulation  (EU) 
No 530/2012.  

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
the ESP Code, would affect EU law, through the application of Regulation (EU) No 530/2012 
of the European Parliament and of the Council on the accelerated phasing-in of double-hull or 
equivalent design requirements for single-hull oil tankers aims. 

3.7.3.  Amendments to paragraph 6.1.1.3 of the LSA Code 

for  marine  equipment  and 

Launching  appliances  and  winches  are  included  in  Commission  Implementing  Regulation 
(EU)  2018/773  of  15  May  2018  on  design,  construction  and  performance  requirements  and 
testing  standards 
Implementing  Regulation 
(EU) 2017/306. Reference is made in that Implementing Regulation to the LSA Code and to 
resolution  MSC.81(70)  in  relation  to  items  MED/1.21,  1.23,  1.24  and  1.25  as  regards  as 
launching appliances. This equipment therefore falls in the scope of Directive 2014/90/EU of 
the  European  Parliament  and  of  the  Council  of  23  July  2014  on  marine  equipment  and 
repealing Council Directive 96/98/EC.  

repealing 

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
the  LSA  Code,  would  affect  EU  law  through  the  application  of  Directive  2014/90/EU  and 
Implementing Regulation (EU) 2018/778. 

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3.7.4.  Amendments to paragraph 4.4.8.1 of the LSA Code 

Lifeboats  are  included  in  Commission  Implementing  Regulation  (EU)  2018/773  of 
15 May 2018 on design, construction and performance requirements and testing standards for 
marine equipment and repealing Implementing Regulation (EU) 2017/306. Reference is made 
in  that  Implementing  Regulation  to  the  LSA  Code  and  to  resolution  MSC/Circular  980  in 
relation  to  item  MED/1.7.  This  equipment  therefore  falls  in  the  scope  of  Directive 
2014/90/EU  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on  marine 
equipment and repealing Council Directive 96/98/EC. 

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
the  LSA  Code,  would  affect  EU  law  through  the  application  of  Directive  2014/90/EU  and 
Implementing Regulation (EU) 2018/778. 

3.7.5.  Amendments  to  the  Records  of  Equipment  (Forms  C,  E  and  P  of  the  appendix  to 

SOLAS)  

Article 6(2)(a)(i) of Directive 2009/45/EC  on safety  rules and standards for passenger ships 
applies SOLAS, as amended, to Class A passenger ships.  

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
the Records of Equipment, would affect EU through the application of Directive 2009/45/EC.  

3.7.6.  Amendments to parts A and A-1 of the International Code of Safety for  Ship Using 

Gases or Other Low-flashpoint Fuels (IGF Code)  

Article 6(2)(a)(i) of Directive 2009/45/EC on safety  rules and standards for passenger ships 
applies SOLAS, as amended, to Class A passenger ships. The IGF Code is made mandatory 
for  passenger  ships  through  SOLAS.  In  addition,  Directive  2014/94/EU  of  the  European 
Parliament  and  of  the  Council  of  22  October  2014  on  the  deployment  of  alternative  fuels 
infrastructure  requires  Member  States  to  ensure  that  LNG  is  available  at  EU  core  ports  for 
seagoing ships as from the end of 2025. National policy frameworks have been finalized by 
EU  Member  States  for  the  market  development  of  alternative  fuels  and  their  infrastructure, 
with a particular focus on the different supporting measures and initiatives for the promotion 
and development of LNG refuelling points for sea going ships.  

Therefore, the amendments due to be adopted at MSC 101, which would introduce changes to 
the LSA Code, would affect EU law through the application of Directive 2009/45/EC and of 
Directive 2014/94/EU.  

3.7.7.  EU competence 

The  amendments  to  MARPOL  Annex  II  relating  to  cargo  residues  and  tank  washings  of 
persistent floating products with a high viscosity and/or a high melting point would affect the 
application  of  EU 
the  application  of  Directive  2005/35/EC  and 
Directive 2000/59/EC. 

through 

law 

The  amendments  to  the  2011  ESP  Code  would  affect  EU  law  through  the  application  of 
Regulation  (EU)  No  530/2012  of  the  European  Parliament  and  of  the  Council  on  the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-hull  oil 
tankers.  

The amendments to paragraph 6.1.1.3 of the International Life-Saving Appliance Code  (LSA 
Code)  would  affect 
the  application  of 
Directive 2014/90/EU and Implementing Regulation (EU) 2018/778. 

the  application  of  EU 

through 

law 

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The amendments  to  the  Unified  Interpretation  of paragraph 4.4.8.1 of the  LSA Code  would 
affect  the  application  of  EU  law  through  the  application  of  Directive  2014/90/EU  and 
Implementing Regulation (EU) 2018/778. 

The amendments to the Records of Equipment (Forms C, E and P of the appendix to SOLAS) 
would affect EU law through the application of Directive 2009/45/EC. 

The amendments to parts A and A-1 of the International Code of Safety for Ship Using Gases 
or  Other  Low-flashpoint  Fuels  (IGF  Code)  would  affect  EU  law  though  the  application  of 
Directive 2009/45/EC and of Directive 2014/94/EU. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement.3 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’.4 

4.1.2.  Application to the present case 

The IMO Marine Environment Protection Committee and the Maritime Safety Committee are 
bodies  set  up  by  an  agreement,  namely  the  Convention  on  the  International  Maritime 
Organization.  

The acts which the IMO Marine Environment Protection Committee and the Maritime Safety 
Committee  are  called  upon  to  adopt  constitute  acts  having  legal  effects.  The  envisaged  acts 
are capable of decisively influencing the content of the following EU legislation:  

– 

– 

3 
4 

the 

Directive 2005/35/EC of the European Parliament and of the Council on ship-source 
pollution  and  on 
infringements  and 
introduction  of  penalties 
Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo 
residues. This is because polluting substances are defined in Directive 2005/35/EC as 
substances 
II.  Furthermore, 
Directive 2000/59/EU  requires  Member  States  to  ensure  the  availability  of  port 
reception  facilities  adequate  to  meet  the  needs  of  ships  normally  using  their  ports, 
with  the  ultimate  goal  to  reduce  discharges  of  ship-generated  waste  and  cargo 
residues into the sea, thereby enhancing the protection of the marine environment. 

by  MARPOL  Annexes 

covered 

and 

for 

I 

Regulation (EU) No 530/2012 of the European Parliament and of the Council on the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-
hull oil tankers. This is because Regulation (EU) No 530/2012 makes the application 

Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraph 64.  
Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraphs 61-64.  

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– 

– 

– 

of the IMO's Condition Assessment Scheme (CAS) a requirement and CAS uses the 
Enhanced Survery Programme (ESP) as the tool to achieve its aim.  

repealing 

Commission  Implementing  Regulation  (EU)  2018/773  of  15  May  2018  on  design, 
construction  and  performance  requirements  and  testing  standards  for  marine 
(EU)  2017/306  and 
equipment  and 
Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 
on marine equipment and repealing Council Directive 96/98/EC. This is because the 
Implementing  Regulation  (EU)  2018/773  makes  reference  to  the  LSA  Code  as 
regards  launching  appliances,  and  therefore  that  type  of  equipment  falls  within  the 
scope Directive 2014/90/EU.  

Implementing  Regulation 

Directive 2009/45/EC of the European Parliament and of the Council on safety rules 
and standards for passenger ships. This is because Directive 2009/45 establishes that 
passenger  ships  of  Class  A  are  to  comply  entirely  with  the  requirements  of  the 
SOLAS Convention, as amended.  

Directive 2009/45/EC  of the European Parliament and of the Council on safety rules 
and  standards  for  passenger  ships  together  with  Directive  2014/94/EU  of  the 
European  Parliament  and  of  the  Council  on  the  deployment  of  alternative  fuels 
infrastructure. Ths is because Directive 2009/45/EC establishes that passenger ships 
of Class A are to comply entirely with the requirements of the SOLAS Convention, 
as amended, and because Directive Directive 2014/94/EU requires Membes States to 
ensure that LNG is available at core EU ports for seagoing ships as from the end of 
2025.  

The envisaged acts do not supplement or amend the institutional framework of the agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the  objective  and  content  of  the  envisaged  act  in  respect  of  which  a  position  is  adopted  on 
behalf of the Union. If the envisaged act pursues two aims or has two components and if one 
of  those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  act  relate  to  sea  transport.  Therefore,  the 
substantive legal basis of the proposed decision is Article 100(2) TFEU 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 100(2) TFUE, in conjunction with 
Article 218(9) TFEU. 

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2019/0087 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International 
Maritime Organization’s Marine Environment Protection Committee and Maritime 
Safety Committee on the adoption of amendments to Annex II to the International 
Convention for the Prevention of Pollution from Ships, amendments to the International 
Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and 
Oil Tankers, 2011, amendments to the International Life-Saving Appliance Code, 
amendments to Forms C, E and P of the appendix to the International Convention for 
the Safety of Life at Sea, and to the International Code of Safety for Ship Using Gases or 
Other Low-flashpoint Fuels 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Action  by  the  Union  in  the  sector  of  maritime  transport  should  aim  to  protect  the 
marine environment and improve maritime safety.  

The Convention on the International Maritime Organization (IMO) entered into force 
on  17  March  1958.  The  IMO  is  a  specialised  agency  of  the  United  Nations  with 
responsibility for the safety and security of shipping and the prevention of marine and 
atmospheric pollution by ships. 

Pursuant  to  Article  38(a)  of  the  Convention  on  the  IMO,  the  Marine  Environment 
Protection  Committee  performs  such  functions  as  are  or  may  be  conferred  upon  the 
IMO  by  or  under  international  conventions  for  the  prevention  and  control  of  marine 
pollution  from  ships,  particularly  with  respect  to  the  adoption  and  amendment  of 
regulations or other provisions.  

Pursuant  to  Article  28(b)  of  the  Convention  on  the  IMO,  the  Maritime  Safety 
Committee  provides  machinery  for  the  performance  of  any  duties  assigned  to  it  in 
accordance  with  that  Convention,  by  the  IMO  Assembly  or  by  the  IMO  Council,  or 
any  duty  within  the  scope  of  that  Article  which  may  be  assigned  to  the  Maritime 
Safety Committee under any other international instrument and accepted by the IMO. 

The International Convention for the Prevention of Pollution from Ships (‘MARPOL 
Convention’) entered into force on 2 October 1983.  

Pursuant to Article 16(2)(c) of the MARPOL Convention, amendments thereto may be 
adopted  by  the  appropriate  body,  in  this  case  the  Marine  Environment  Protection 
Committee. 

The  International  Convention  for  the  Safety  of  Life  at  Sea  (‘SOLAS  Convention’) 
entered into force on 25 May 1980.  

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12 

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(8) 

(9) 

Pursuant to Article VIII(b)(iii) of the SOLAS Convention, the IMO’s Maritime Safety 
Committee may adopt amendments to the SOLAC Convention.  

its  74th  session  on 
The  Marine  Environment  Protection  Committee,  during 
13 - 17 May 2019 (‘MEPC 74’) is to adopt amendments to Annex II to the MARPOL 
Convention.  

(10)  The  Maritime  Safety  Committee,  during  its  101st  session  on  5  –  14  June  2019 
(‘MSC 101’)  is  to  adopt  amendments  to  the  International  Code  on  the  Enhanced 
Programme  of  Inspections  During  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011 
(‘2011 ESP Code’), to the International Life-Saving Appliance Code (‘LSA Code’), to 
the  Records  of  Equipment  (Forms  C,  E  and  P  of  the  appendix  to  SOLAS)  and 
amendments  to  parts  A  and  A-1  of  the  International  Code  of  Safety  for  Ship  Using 
Gases or Other Low-flashpoint Fuels (‘IGF Code’). 

(11) 

(12) 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MEPC  74,  as  the  amendments  to  Annex  II  to  the  MARPOL  Convention  will  be 
law,  namely 
capable  of  decisively 
the  Council5  and 
Directive 2005/35/EC  of 
Directive 2000/59/EC of the European Parliament and of the Council6.  

influencing 
the  European  Parliament  and  of 

the  content  of  Union 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MSC  101,  as  the  amendments  to  the  2011  ESP  Code  will  be  capable  of  decisively 
influencing  the  content  of  Union  law,  namely  Regulation  (EU)  No  530/2012  of  the 
European Parliament and of the Council7, as the amendments to  the LSA Code will be 
capable  of  decisively  influencing  the  contents  of  Union  law,  namely  Commission 
Implementing Regulation (EU) 2018/7738 and Directive 2014/90/EU of the European 
Parliament and of the Council9, as the amendments to the SOLAS Convention will be 
capable  of  decisively  influencing  the  contents  of  Union  law,  namely  Directive 
2009/45/EC of the European Parliament and of the Council10, and as the amendments 
to the IGF Code will be capable of decisively influencing the contents of Union law, 
namely Directive 2009/45/EC of the European Parliament and of the Council on safety 
rules  and  standards  for  passenger  ships  together  with  Directive  2014/94/EU  of  the 
European Parliament and of the Council11. 

(13)  The amendments to Annex II to the MARPOL Convention should ensure reduction of 
the  impact  on  the  environment  related  to  cargo  residues  and  tank  washings  of 
persistent floating products with a high viscosity and/or a high melting point.  

5 

6 

7 

8 

9 

10 

11 

Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  the 
recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). 
Directive  2000/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  November  2000  on  port 
reception facilities for ship-generated waste and cargo residue (OJ L 332, 28.12.2000, p. 81). 
Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012  on the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-hull  oil  tankers 
(OJ L 172, 30.6.2012, p. 3). 
Commission  Implementing  Regulation  (EU)  2018/773  of  15  May  2018  on  design,  construction  and 
performance  requirements  and  testing  standards  for  marine  equipment  and  repealing  Implementing 
Regulation (EU) 2017/306 (OJ L 133, 30.5.2018, p. 1). 
Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council  23  July  2014  on  marine 
equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 
standards for passenger ships (OJ L 163, 25.6.2009, p. 1).  
Directive 2014/94/EU  of  the  European  Parliament  and  of  the  Council  of  22  October  2014  on  the 
deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1). 

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(14)  The amendments to the 2011 ESP Code should include editorial changes to the Code,  
identifying all mandatory requirements and improving the tables and forms, as well as 
merge  the  editorial  changes  with  new  substantial  requirements  in  order  to  deal  with 
recent  updates  to  the  International  Association  of  Classification  Societies’  Unified 
Requirements Z10 series. 

(15)  The  amendments  to  paragraph  6.1.1.3  of  the  LSA  Code  should  ensure  uniform 
implementation concerning manual launching of small rescue boats that are not part of 
a ship’s survival craft. 

(16)  The amendments to paragraph 4.4.8.1 of the LSA Code should ensure exemption for 
lifeboats  with  two  independent  propulsion  systems  from  being  equipped  with 
sufficient buoyant oars and their related items to make headway in calm sea. 

(17)  The  amendments  to  item  8.1.  in  Records  of  Equipment  Forms  C,  E  and  P  in  the 
appendix to the SOLAS Convention should ensure clarity as regards the fact that not 
all  of  the  indicators  listed  are  applicable  to  all  ships  and  therefore  can  be  deleted  as 
appropriate. 

(18)  The  amendments  to  parts  A  and  A-1  of  the  IGF  Code  should  ensure  consistency 
regarding the existing requirements for ships using natural gas as fuel by introducing 
necessary amendments based on the experience gained on the application of the Code.  

(19)  The Union’s  position  is  to  be expressed by the  Member States of the Union  that are 
members  of  the  IMO’s  Marine  Environment  Protection  Committee  and  Maritime 
Safety Committee, acting jointly, in the interest of the Union,  

HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  taken  on  the  Union’s  behalf  in  the  74th  session  of  the  IMO’s  Marine 
Environment  Protection  Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to 
Annex II to the International Convention for the Prevention of Pollution from Ships, relating 
to  the  discharge  requirements  for  tank  washings  containing  high-viscosity  and  persistent 
floating products, laid down in Annex 13 to IMO Document MEPC 73/19/add.1. 

Article 2 

The  position  to  be  taken  on  the  Union’s  behalf  in  the  101st  session  of  the  IMO’s  Maritime 
Safety Committee shall be to agree to: 

(a) 

(b) 

(c) 

(d) 

the adoption of amendments to the International Code on the Enhanced Programme 
of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011 laid down in 
Annex [X] to IMO document [MSC 100/XX/Add.X];  

the adoption of the amendments to paragraph 6.1.1.3 of the LSA Code laid down in 
Annex [X] to IMO document [MSC 100/XX/Add.X];  

the adoption of the amendments to paragraph 4.4.8.1 of the LSA Code laid down in 
Annex [X] to IMO document [MSC 100/XX/Add.X];  

the adoption of amendments to item 8.1. in Records of Equipment Forms C, E and P 
in the appendix to the SOLAS Convention laid down in Annex [X] to IMO document 
[MSC 100/XX/Add.X]; 

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(e) 

the  adoption  of  the  amendments  to  parts  A  and A-1  of  the  IGF  Code  laid  down  in 
Annex [X] to IMO document [MSC 100/XX/Add.X]. 

Article 3 

1. 

2. 

3. 

The  position  to  be  taken  on  the  Union’s  behalf,  as  set  out  in  Article  1,  shall  be 
expressed by the Member States, which are all members of the IMO, acting jointly in 
the interests of the Union.  

The  position  to  be  taken  on  the  Union’s  behalf  as  et  out  in  Article  2,  shall  be 
expressed by the Member States, which are all members of the IMO, action jointly in 
the interests of the Union.   

Minor changes  to  the positions  referred to  in  Articles 1 and 2 may  be  agreed upon 
without further decision of the Council.  

This Decision shall enter into force on the date of its adoption.  

Article 4 

Done at Brussels, 

For the Council 
The President 

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