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"), 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")
and article 4 of the Protocol
of 1997 to amend the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (hereinafter referred to as the "1997 Protocol"), which together
specify the amendment procedure of the 1997 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 and 1997 Protocols,
NOTING that, by the 1997 Protocol, Annex
VI entitled Regulations for the Prevention of Air Pollution
from Ships was added to the 1973 Convention (hereinafter referred
to as "Annex VI"),
NOTING FURTHER regulation
13 of MARPOL Annex VI which makes the Technical Code on Control
of Emission of Nitrogen Oxides from Marine Diesel Engines (NOx Technical
Code) mandatory under that Annex,
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 the 1973 Convention,
as modified by the 1978 and 1997 Protocols, 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 the 1973
Convention, as modified by the 1978 and 1997 Protocols, copies of
the present resolution and its annex.