International Maritime Solid Bulk Cargoes Code 2011

RESOLUTION MSC.318(89)

(adopted on May 20, 2011)

ADOPTION OF AMENDMENTS TO THE INTERNATIONAL MARITIME SOLID BULK CARGOES CODE (IMSBC CODE)

THE MARITIME SAFETY COMMITTEE,

RECALLING Article 28(b) of the Convention on the International Maritime Organization, which deals with the functions of the Committee,

NOTING resolution MSC.268(85), by which it adopted the International Maritime Solid Bulk Cargoes Code (hereinafter «the IMSBC Code»), which has become mandatory in accordance with Chapters VI and VII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention) (hereinafter «the Convention»),

ALSO NOTING Article VIII(b) and Rule VI/1-1.1 of the Convention on the Amendment Procedure to amend the IMSBC Code,

HAVING EXAMINED, at its 89th session, the amendments to the IMSBC Code, proposed and distributed in accordance with Article VIII(b)(i) of the Convention,

  1. ADOPTS, in accordance with Article VIII(b)(iv) of the Convention, the amendments to the IMSBC Code, the text of which is set out in the annex to this resolution;
  2. DECIDES, in accordance with Article VIII(b)(vi)(2)(bb) of the Convention, that the said amendments shall be deemed to have been accepted on July 1, 2012, unless, before that date, more than one-third of the Contracting Governments to the Convention or a number of Contracting Governments whose combined merchant fleets constitute at least 50% of the gross tonnage of the world’s merchant fleet have notified that they object to the amendments;
  3. INVITES Contracting Governments to the Convention to note that, in accordance with Article VIII(b)(vii)(2) of the Convention, the amendments shall enter into force on January 1, 2013, following their acceptance in accordance with paragraph 2 above;
  4. AGREES that Contracting Governments to the Convention may apply the aforementioned amendments in whole or in part, on a voluntary basis, from January 1, 2012;
  5. REQUESTS the Secretary-General, in accordance with Article VIII(b)(v) of the Convention, to transmit certified copies of this resolution and the text of the amendments contained in the annex to all Contracting Governments to the Convention;
  6. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its annex to the Members of the Organization that are not Contracting Governments to the Convention.

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These Amendments shall enter into force generally and for Spain on January 1, 2013, in accordance with Article VIII(b)(vii)(2) of the 1974 Convention.

Madrid, November 28, 2012. – The Technical General Secretary of the Ministry of Foreign Affairs and Cooperation, Fabiola Gallego Caballero.