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    RESOLUTION A.1187(33) 2023 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III CODE).
    ASSEMBLY
    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)

    THE ASSEMBLY, RECALLING Article 15(j) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to regulations and guidelines concerning maritime safety and the prevention and control of marine pollution from ships,RECALLING ALSO that, by resolution A.1070(28), it adopted the IMO Instruments Implementation Code (III Code),RECALLING FURTHER resolution A.1157(32), by which it adopted the 2021 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III Code) (hereinafter “the Non-exhaustive list of obligations”) for use as guidance for the implementation and enforcement of IMO instruments, particularly in identifying auditable areas for the IMO Member State Audit Scheme, as provided for in the mandatory provisions of the relevant instruments of the Organization, following the successive revocation of resolutions A.1141(31), A.1121(30), A.1105(29), and A.1077(28),

    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,

    1. 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;
    2. 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;
    3. REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to keep the List under review and to amend it as necessary;
    4. REVOKES resolution A.1157(32).

    ***


    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.

    Acceptance of certificates

    Special rules drawn up by agreement

    Verification of compliance with the provisions of this Convention

    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)

     

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