RESOLUTION A.1187(33) 2023 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III CODE).
33rd Session
Agenda Items 11 and 13
RESOLUTION A.1187(33)
Adopted on 6 December 2023
(Agenda items 11 and 13)
A 33/Res.1187
2 January 2024
Original: ENGLISH
2023 NON-EXHAUSTIVE LIST OF OBLIGACIONES UNDER INSTRUMENTS RELEVANT TO THE IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)
RECOGNIZING the need to further revise the annexes to the Non-exhaustive list of obligations to take into account amendments to the relevant IMO instruments in respect of the III Code that have entered into force or become effective since the adoption of resolution A.1157(32),
RECOGNIZING ALSO that, as part of the ratification process, Parties to the relevant international conventions have undertaken to fully accept their responsibilities and to discharge their obligations under such conventions and other instruments to which they are party,
REITERATING that States have the primary responsibility to have in place an adequate and effective system to exercise control over ships entitled to fly their flag, and to ensure that they comply with relevant international rules and regulations relating to maritime safety, security and the protection of the marine environment,
REITERATING ALSO that States, in their capacity as Flag States, Port States, and Coastal States, have other obligations and responsibilities under applicable international law in respect of maritime safety and security and the protection of the marine environment,
NOTING that, while States may realize certain benefits by becoming Parties to instruments intended to promote maritime safety and security and the protection of the marine environment, these benefits can only be fully realized when all Parties carry out their obligations as required by such instruments,
NOTING ALSO that the ultimate effectiveness of any instrument depends, inter alia, upon all States:
- a) become Parties to all instruments relating to maritime safety and security and the prevention and control of pollution;
- b) implement and enforce such instruments fully and effectively; and
- c) report to the Organization as required,
RECALLING that, by resolutions A.1083(28), A.1084(28) and A.1085(28), it adopted amendments to the International Convention on Load Lines, 1966, the International Convention on Tonnage Measurement of Ships, 1969, and the Convention on the International Regulations for Preventing Collisions at Sea, 1972, to make the use of the III Code mandatory under those conventions,
NOTING that the Maritime Safety Committee, by resolutions MSC.366(93), MSC.373(93), MSC.374(93) and MSC.375(93), adopted amendments to the International Convention for the Safety of Life at Sea, 1974, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code (STCW Code) and the Protocol of 1988 relating to the International Convention on Load Lines, 1966, respectively, to make the use of the III Code mandatory under those instruments,
NOTING ALSO that the Marine Environment Protection Committee, by resolutions MEPC.246(66) and MEPC.247(66), adopted amendments to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and 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, respectively, to make the use of the III Code mandatory under those instruments,
HAVING EXAMINED the recommendations made by the Maritime Safety Committee at its 106th session and by the Marine Environment Protection Committee at its 79th session,
- ADOPTS the “2023 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III Code)”, set out in the annex to the present resolution;
- URGES Governments of all States, in their capacity as Flag States, Port States and Coastal States, to use the List to the maximum extent possible in the implementation of IMO instruments at national level;
- REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to keep the List under review and to amend it as necessary;
- REVOKES resolution A.1157(32).
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ANNEX
2023 NON-EXHAUSTIVE LIST OF OBLIGACIONES UNDER INSTRUMENTS RELEVANT TO THE IMO INSTRUMENTS IMPLEMENTATION CODE (III CODE)
(With respect to this non-exhaustive list of obligations, account has been taken of the amendments to the IMO instruments relevant to the III Code, which have entered into force or are expected to enter into force, up to and including 1 July 2024)
Table of Contents
| Annex 1: | OBLIGATIONS OF GOVERNMENTS/CONTRACTING PARTIES |
| Annex 2: | SPECIFIC OBLIGATIONS OF FLAG STATES |
| Annex 3: | SPECIFIC OBLIGATIONS OF COASTAL STATES |
| Annex 4: | SPECIFIC OBLIGATIONS OF PORT STATES |
| Annex 5: | INSTRUMENTS MADE MANDATORY UNDER THE IMO CONVENTIONS |
| Annex 6: | SUMMARY OF AMENDMENTS TO MANDATORY INSTRUMENTS REFLECTED IN THE NON-EXHAUSTIVE LIST OF OBLIGATIONS (ANNEXES 1 TO 4 AND 7) |
| Annex 7: | AMENDMENTS TO IMO INSTRUMENTS EXPECTED TO BE ACCEPTED AND TO ENTER INTO FORCE BETWEEN 1 JANUARY AND 1 JULY 2024 |
Annex 1: OBLIGATIONS OF GOVERNMENTS/CONTRACTING PARTIES
The following table contains a non-exhaustive list of obligations, including those stemming from the exercise of a right.
| SOURCE | REVIEW | REMARKS |
|---|---|---|
| TONNAGE 1969 | ||
| Article 1 | General obligation under the Convention | |
| Article 5(2) | Force majeure | |
| Article 8 | Issue of certificate by another Government | |
| Article 10 | Cancellation of certificate | |
| Article 11 | Acceptance of certificate | |
| Article 15 | Communication of information | |
| Annex III, Regulation 9 | Verification of compliance with the provisions of this Convention | |
| LOAD LINES 1966 and LOAD LINES PROT 1988 | ||
| Article 1 | General obligation under the Convention | |
| Article 7 2) | General obligations / Force majeure | Load Lines Protocol 1988 (Article II) only |
|
Article 17 Article 20 Article 25 |
Issue or endorsement of certificates by another Government | Amended by the Load Lines Protocol 1988 |
| Article 26 | Communication of information | |
| Annex IV, Regulation 54 | Communication of information | Load Lines Protocol 1988 (Article III) only |
| COLREG 1972 | ||
| Article 1 | General obligations | |
| STCW 1978 and STCW Code | ||
| Article I | General obligations under the Convention | |
| Article IV, Regulation I/7 and Section A-I/7.2 | Communication of information in accordance with section A-I/7.2 of the STCW Code within one year of entry into force of regulation I/7 | |
| Regulations I/8.2 and 8.3 and Sections A-I/8.3 and A-I/7.4 | Submission of reports on independent evaluations conducted at intervals of not more than five years | |
| Regulation I/7.1 and Sections A-I/7.5 and 7.6 | Submission of reports on implementation of mandatory amendments to the Convention and the STCW Code | |
| SOLAS 1974 | ||
| Article I | General obligations under the Convention | SOLAS PROT 1978 and SOLAS PROT 1988 |
| Artículo III | Communication of information | SOLAS PROT 1978 and SOLAS PROT 1988 |
| Article V c) | Transport of persons in case of emergency – notification | |
| Artículo VII | Special rules established by agreement | |
| Article XI | Denunciation | SOLAS PROT 1988 |
Annex 2: SPECIFIC FLAG STATE OBLIGATIONS
| SOURCE | REVIEW | REMARKS |
|---|---|---|
| TONNAGE 1969 | ||
| Article 6 | Determination of tonnages | |
| Article 7 2) | Issue of certificates | |
| Article 9 | Form of certificates | |
| Annex I, Regulation 1(3) | New types of vessels – determination of tonnage and communication to IMO of the method used | |
| Annex I, Regulation 5(3)(b) | Alteration of net tonnage: alterations or modifications which the Administration deems to be of importance | |
| Annex I, Regulation 7 | Measurement and calculation | |
Annex 3: SPECIFIC COASTAL STATE OBLIGATIONS
| SOURCE | REVIEW | REMARKS |
|---|---|---|
| SOLAS 1974 | ||
| Regulation IV/5 | Provision of radiocommunication services and communication of information on such services | |
| Regulation V/4 | Navigational warnings | |
| Regulation V/7.1 | Search and rescue services – necessary arrangements | |
| Regulation V/7.2 | Search and rescue services – information to IMO | |
| Regulation V/8 | Life-saving signals | |
| Regulation V/9 | Hydrographic services | |
| Regulation VII/6.1 and 7-4.1 | Reporting of incidents involving dangerous goods | |
| Convention MARPOL | ||
| Annex I, Regulation 4.3 | Exceptions – discharge of substances containing oil for the purpose of combating specific pollution incidents | |
| Annex II, Regulation 3.1.3 | Exceptions – approval of the discharge of noxious liquid substances for the purpose of combating specific pollution incidents | |
| Annex II, Regulation 13.2.3 | Control of discharge of residues of noxious liquid substances – agreement and communication to IMO | |
Annex 7: AMENDMENTS TO IMO INSTRUMENTS EXPECTED TO BE ACCEPTED AND TO ENTER INTO FORCE BETWEEN 1 JANUARY AND 1 JULY 2024
The following tables contain non-exhaustive lists of obligations, including those derived from the exercise of a right.
| SOURCE | REVIEW | REMARKS |
|---|---|---|
| SOLAS 1974 | ||
| Regulation IV/5.1 | Appropriate shore-based facilities for satellite and maritime mobile services – availability as deemed practical and necessary | In force on 1/1/2024 by means of resolution MSC.496(105) |
| Regulation IV/5.2 | Information relating to shore-based facilities in the mobile-satellite service and maritime mobile service, including planned withdrawals – notification to IMO | In force on 1/1/2024 by means of resolution MSC.496(105) |
| Regulation IV/5-1 | GMDSS identities – suitable arrangements | In force on 1/1/2024 by means of resolution MSC.496(105) |




