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資料3
The 9th Seminar for Port State Control Officers
Brisbane, Australia
11 - l3 September 2002
RECENT DEVELOPMENT IN IMO ON REGULATIONS RELATING TO MARITIME SAFETY AND POLLUTON PREVENTION
By Yoshio Sasamura
Secretary, Tokyo MOU Secretariat
September 2002
STATUS OF CONVENTION
（as at 31 July 2002）
| Convention |
Entry into force date |
Number of Parties |
Tonnage percent |
| IMO Convention |
17/03/58 |
162 |
98.58 |
| SOLAS 74 |
25/05/80 |
145 |
98.53 |
| SOLAS Protocol 88 |
03/02/00 |
59 |
61.90 |
| Load Lines 66 |
21/07/68 |
149 |
98.45 |
| Load Lines Protoco1
88 |
03/02/00 |
58 |
61.84 |
| Tonnage 69 |
18/07/82 |
133 |
95.38 |
| COLREG 72 |
15/07/77 |
140 |
97.05 |
| SFV Protocol 93 |
− |
8 |
7.89 |
| STCW 78 |
28/04/84 |
140 |
95.69 |
| MARPOL |
Annex I/II |
02/10/83 |
121 |
93.22 |
| Annex III |
0107/92 |
101 |
81.46 |
| Annex IV |
− |
87 |
45.09 |
| Annex V |
31/12/88 |
108 |
85.43 |
| Annex VI |
− |
5 |
5.80 |
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2 PROCEDURES FOR ADOPTION AND ENTRY INTO FORCE OF CONVENTIONS AND AMENDMENTS
When the relevant Committees decide to develop new conventions or protocols, or amendments thereto, relating to maritime safety or pollution prevention, they refer detailed work on the preparation of the draft text to the competent sub-committees.
The final draft text of the instruments prepared by sub-committees are approved by the relevant Committee. In the case of a new convention or protocol, the draft text will be considered and adopted by a diplomatic conference convened by IMO. In the case of amendments of the existing conventions or protocols, the proposed amendments are adopted by the relevant committee in accordance with the amendment procedures prescribed in the instruments, i.e. article VIII of SOLAS 74, article 16 of MARPOL 73/78, article XII of STCW 78, etc.
Normally, above-mentioned articles prescribe that articles of the conventions are brought into force by explicit acceptance procedures, i.e. acceptance by 15 States representing at least 50% of the world's merchant fleet, and that the technical provisions contained in annexes to the convention are brought into force by tacit acceptance procedures, e.g. the amendments are deemed to have been accepted twelve months (SOLAS and STCW) or ten months (MARPOL) after adoption unless objections are communicated to IMO by at least one-third of the Parties or Parties representing at least 50% of the world's merchant fleet. The following is the procedure adopted by the MSC on amendments to the technical provisions of SOLAS 74:
● Preparation of draft text of amendments for approval by the MSC,
● Approval by the MSC,
● Circulation to Contracting Governments at least six months prior to the adoption,
● Adoption by the MSC by two-third majority of those present and voting,
● Acceptance of amendments by tacit amendment procedure after twelve months,
● Entry into force of amendments six months after the date of adoption.
Depending on the meeting schedule of sub-committees and the MSC, amendments are brought into force some 22 - 40 months after preparation of the draft text of amendments.
In the case of new convention or protocol, it is often difficult to achieve required conditions for entry into force by explicit acceptance procedures. It is why Torremolinos SFV Protocol 93, STCW-F 95 and MRPOL Annex VI (1997 MARPOL Protocol) have not entered into force nor likely enter into force in the foreseeable future.
Because of difficulty in bringing into force of amendments, all of technical conventions adopted since 1972 (COLREG Convention) contain tacit acceptance procedures. In the case of Load Line Convention 1966, none of the amendments have entered into force, but with the entry into force of the 1988 LL Protocol which incorporates tacit acceptance procedures, future amendments will be brought into force expeditiously.
Because of difficulty by Contracting Governments in implementing amendments to SOLAS 74 developed frequently, the MSC has set a rule that amendments should normally be brought into force at four year cycle, except in cases of urgency. Most of the latest amendments adopted by the MSC enter into force on 1 July 2002, and the next set of amendments is expected to enter into force in 2006.
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