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,
RECALLING ALSO resolution MEPC.19(22) by which the Committee
adopted the International Code for the Construction and Equipment
of Ships Carrying Dangerous Chemicals in Bulk (IBC
Code),
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),
CONSIDERING that it is highly desirable for the provisions
of the IBC Code, which are mandatory under both MARPOL
73/78 and the 1974 SOLAS Convention,
to remain identical,
HAVING CONSIDERED the proposed amendments to the IBC Code,
1 ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the
1973 Convention, the amendments to the IBC Code,
the text of which is set out at the annex to the present resolution;
2 DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the amendments to the IBC Code shall
be deemed to have been accepted on 1 July 2008 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 amendments to the IBC Code shall
enter into force on 1 January 2009 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 to the IBC
Code contained in the annex; and
5 REQUESTS FURTHER the Secretary-General to
transmit copies of the present resolution and its annex to
the Members of the Organization which are not Parties to
MARPOL 73/78.