MARPOL Update

2011 Amendments to the Annex of the 1978 Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973 (provisions on special areas and designation of the Baltic Sea as a special area under Annex IV of the MARPOL Convention) adopted in London on July 15, 2011, by Resolution MEPC.200(62).

Published in: Official State Gazette, No. 294 of December 7, 2012, pages 84011 to 84016 (6 pages).

Section: I. General provisions

Department: Ministry of Foreign Affairs and Cooperation

Reference: BOE-A-2012-14877

http://www.boe.es/boe/dias/2012/12/07/pdfs/BOE-A-2012-14877.pdf

TEXT

Resolution MEPC.200(62)

Adopted on July 15, 2011

Amendments to the Annex of the 1978 Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973

(Provisions concerning special areas and designation of the Baltic Sea as a special area under Annex IV of the MARPOL Convention)

The Marine Environment Protection Committee,

Recalling Article 38(a) of the constitutive Convention of the International Maritime Organization, which deals with the functions of the Marine Environment Protection Committee (the Committee) conferred by international conventions relating to the prevention and containment of marine pollution,

Taking note of 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 1978 Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the «1978 Protocol»), which jointly specify the procedure for amending the 1978 Protocol and confer on the relevant body of the Organization the function of examining and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78 Convention),

Having examined the draft amendments to Annex IV of the MARPOL 73/78 Convention,

  1. Adopts, in accordance with Article 16(2)(d) of the 1973 Convention, the amendments to Annex IV of the MARPOL 73/78 Convention, the text of which is set out in the annex to this resolution;
  2. Decides, in accordance with Article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on July 1, 2012, unless, prior to that date, at least one-third of the Parties, or Parties the combined merchant fleets of which constitute not less than 50 percent of the gross tonnage of the world’s merchant fleet, have notified the Organization of their objection to the amendments;
  3. Invites Parties to note that, in accordance with Article 16(2)(g)(ii) of the 1973 Convention, the aforementioned amendments shall enter into force on January 1, 2013, once accepted in accordance with paragraph 2 above;
  4. Requests the Secretary-General, in accordance with Article 16(2)(e) of the 1973 Convention, to transmit certified copies of this resolution and the text of the amendments contained in the annex to all Parties to the MARPOL 73/78 Convention;
  5. Also requests the Secretary-General to transmit copies of this resolution and its annex to Members of the Organization that are not Parties to the MARPOL 73/78 Convention.

These amendments shall enter into force generally and for Spain on January 1, 2013, in accordance with Article 16(2)(g)(ii) of the 1973 Convention.

Madrid, November 21, 2012. – The Technical General Secretary of the Ministry of Foreign Affairs and Cooperation, Fabiola Gallego Caballero.