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ANNEX 3
RESOLUTION MEPC.113(50)
Adopted on 4 December 2003
 
SHIP RECYCLING FOR THE SMOOTH IMPLEMENTATION
OF THE AMENDMENTS TO ANNEX I OF MARPOL 73/78
 
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
 
 RECALLING Article 38 of the Convention of the International Maritime Organization concerning the function of the MEPC,
 
 HAVING adopted the amendments to Annex I of MARPOL 73/78 which would accelerate the phase-out of single-hull oil tankers, prohibit the carriage of heavy grade oil in single-hull oil tankers, and extend the Condition Assessment Scheme,
 
 REALIZING that these new requirements would increase the number of the vessels to be recycled within a specific period of time, which implies an increased need for ship recycling facilities and capabilities,
 
 NOTING the growing concerns about environment, safety, health, and welfare matters in ship recycling industry, and the need to reduce the environmental, occupational health and safety risks related to ship recycling at the same time securing the smooth withdrawal of ships that have reached the end of their operating lives,
 
 NOTING ALSO the role of the International Labour Organisation (ILO), the Basel Convention and other stakeholders in ship recycling and on-going co-operation by these organizations and the IMO,
 
 RECOGNIZING that in order to contribute towards improvements in ship recycling, it is necessary to consider the full life cycle of the ship, and that the adoption of the IMO Guidelines on Ship Recycling by the twenty-third Assembly makes a first step for the IMO to this direction,
 
1. RECOMMENDS that Member Governments, especially the Governments of countries with shipbuilding, ship recycling and other shipping interests:
 
(a) take initiatives to maintain adequate ship recycling facilities at world-wide level, based on the evaluation of the impact of the amendments to Annex I of MARPOL 73/78 on the demand for ships to be recycled; and
 
(b) endeavour to promote research and development programmes to improve environment and safety level in ship recycling operation,
 
2. REQUESTS the Secretary-General:
 
(a) to consider any further action which may be taken to assist Member Governments and particularly developing countries in facilitating ship recycling and reducing environmental and safety risks involved in recycling operations; and
 
(b) to continue and strengthen co-operation with ILO and the appropriate bodies of the Basel Convention, and take initiatives as a co-ordinating body among related agencies in addressing problems within the respective competence of these organizations, bearing in mind the potential impact which various guidelines and regulations would have on ship recycling.
 
ANNEX 4
RESOLUTION MEPC.114 (50)
Adopted on 4 December 2003
 
EARLY AND EFFECTIVE APPLICATION OF THE AMENDMENTS
TO ANNEX I OF MARPOL 73/78
(Revised regulation 13G and new regulation 13H)
 
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
 
 RECALLING Article 38(a) of the Convention of the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,
 
 HAVING ADOPTED, by resolution MEPC.111(50), the amendments to Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), which, inter alia, include a revised regulation 13G and a new regulation 13H of Annex I of MARPOL 73/78,
 
 NOTING that article 16(2)(f)(iii) of the International Convention for the Prevention of Pollution from Ships, 1973 (the 1973 Convention) provides that the aforesaid amendments to Annex I of MARPOL 73/78 shall be deemed to have been accepted on 4 October 2004, unless, prior to that date, not less than one third of the Parties to MARPOL 73/78 or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments,
 
 NOTING ALSO that in accordance with article 16(2)(g)(ii) of the 1973 Convention, the aforesaid amendments to Annex I of MARPOL 73/78 shall enter into force on 5 April 2005 upon their acceptance in accordance with article 16(2)(f)(iii) of the 1973 Convention,
 
 NOTING IN PARTICULAR that the new regulation 13H of Annex I of MARPOL 73/78 aims in enhancing the protection of the marine environment by reducing the risks and the extent of any eventual oil pollution when carrying heavy grade oil as cargo,
 
1. INVITES Parties to MARPOL 73/78 to consider the application of the aforesaid amendments to Annex I of MARPOL 73/78 as soon as practically possible to ships entitled to fly their flag;
 
2. INVITES ALSO the maritime industry to implement the aforesaid amendments to Annex I of MARPOL 73/78 as soon as possible; and
 
3. INVITES FURTHER Parties to MARPOL 73/78 who implement the aforesaid amendments to Annex I of MARPOL 73/78 with respect to ships entitled to fly their flag before the expected entry into force date of the amendments to communicate their action to the Organization.
 
ANNEX 5
UNIFIED INTERPRETATION FOR REGULATION 13G(3)(b) OF ANNEX 1 OF
MARPOL 73/78
 
A new Unified Interpretation 4.12A is added as follows:
 
"Reg. 13G(3)(b)  4.12A Any Category 2 oil tanker must be provided with segregated ballast tanks protectively located (SBT/PL)"
 
ANNEX 6
STATEMENTS BY THE DELEGATIONS OF ITALY, CYPRUS, MALTA AND
POLAND AFTER ADOPTION OF THE AMENDMENTS TO ANNEX I
OF MARPOL 73/78
 
1 Statement by the delegation of Italy on behalf of the 15 Member States of the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and the United Kingdom) and the European Commission
 
 Italy, and for institutional reasons, this time speaking on behalf of the 15 Member States of the European Union, all of whom are Parties to MARPOL, and on behalf of the European Commission, would like to congratulate IMO, the MEPC and in particular the MARPOL Parties for the achieved results. With the adoption of today's amendments of regulation 13G and the new regulation 13H of Annex I of MARPOL 73/78, IMO once again demonstrated that it is the appropriate forum to agree upon world-wide solutions for Parties to MARPOL and to adopt proactive solutions for a better protection of the marine and coastal environment, especially in order to avoid accidents such as those which occurred with single-hull tankers in the recent past.
 
 Today's decisions for a world-wide banning, at the earliest opportunity, of the carriage of heavy grade oil in single-hull tankers, as well as the accelerated phasing out of single-hull tankers in general, will certainly be welcomed in Europe. Also the new CAS provisions are an example of good technical co-operation and of joined expertise to address a highly sensitive issue.
 
 We accept and we are satisfied with the final solution as it provides an answer to our concerns, whiles giving appropriate response to the needs of other parts of the world. As a result of the efforts of all the MARPOL Parties and key players of the industry, we achieved a global solution that will result in a better protection of all our coasts, making the best use of the flag State responsibility.
 
 We welcome the agreement at international level of appropriate definitions for heavy grade oil. At the same time we understand also the need in view of a global compromise to foresee some possibilities for proportionate exemptions for the transport of heavy crude oil in order not to disturb the energy supply in specific parts of the world. At the same time we are confident that wherever possible and, as far as double-hull tankers will be available, these tankers will be used to carry crude oil with a density of more than 900 kg/m3.
 
 In connection with the achieved results, on behalf of the 15 EU Member States, all being Parties to MARPOL, Italy announces, and this will not surprise you, that all these 15 States will refrain from making use of the provisions of paragraph 7 of the amended regulation 13G and of paragraphs 5, 6 and 7 of the new regulation 13H. Thus we will not allow tankers entitled to fly our flags to make use of one of these provisions. The 15 Member States intend to make use of the provisions of paragraph 8(b) of both regulations 13G and 13H in order to deny entry into their ports or offshore terminals of tankers which have been temporarily allowed to derogate from the world-wide standard.
 
 Further we hope that other Parties to MARPOL will as much as possible refrain to make use of exemptions and in case such possibility for exemptions would be used, that they shall take due account of the high environmental threat that those ships may pose to international waters.
 
 Mr. Chairman, dear colleagues, thank you again for your efforts to compromise and for what we, together, achieved today, guided by the good old IMO spirit. This is really the best birthday present that we could all offer to the IMO, and to the MEPC at the occasion of its fiftieth session.
 
 Finally, sir, and on behalf of many more than 15 European States, I would like to take this opportunity to thank a number of people, individually and collectively, for their endeavours this week.
 
 First, the Secretary General for his patience and availability, then the interpreters and translators who once again have provided a first class service and all members of the Conference Division of the Secretariat who have played an important role in this week's proceedings.
 
 We are very grateful for the long hours and hard work of Mr. Koji Sekimizu and his colleagues in the Marine Environment Division.
 
 We would like to thank very much indeed Mr. Nicholas Charalambous, Counsellor of the roman centuriae.
 
 The last word, procedurally and rightfully, should go to the Chairman. Andreas, your Committee is very grateful for the skill, patience and leadership you have so ably demonstrated this week.
 
2 Statement by the delegation of Cyprus
 
 Cyprus will like first to complement and congratulate the Parties to MARPOL 73/78 and the International Maritime Organization for the speedy and efficient manner in which the proposals to revise regulation 13G and to adopt a new regulation 13H of Annex I of MARPOL 73/78 have been dealt with.
 
 Cyprus is, once more, thankful and grateful to the Parties to MARPOL 73/78 for the spirit and willingness exhibited during the consideration of the matter and for the responsible manner the issues under discussion were approached and dealt with.
 
 The Committee may recall that Cyprus, mindful of its obligations towards its own citizens, the citizens of other States visiting Cyprus every year, its marine environment, the wildlife along its shores and the resource living in the sea surrounding Cyprus, made, on the occasion of the adoption of regulation 13G which is currently in force, a statement before this Committee on its approach to the existing regulation 13G.
 
 In view of the revised regulation 13G and the new regulation 13H, which the Committee has now adopted, and in the light of the obligation of Cyprus, as from 1 May 2004, under the provisions of Regulation (EC) No. 1726/2003, Cyprus wishes to advise the Parties to MARPOL 73/78 and the Members of the International Maritime Organization the following:
 
1. As from the beginning of this year, all importers of crude or fuel oils in Cyprus engage, for the purpose of transporting and unloading crude or fuel oils in Cyprus, only oil tankers which have been built or have been modified to comply with the requirements of regulation 13F;
 
2. Cyprus will be implementing and enforcing the provisions of regulations 13G and 13H in a manner which is consistent with the provisions of Regulation (EC) No. 1726/2003;
 
3. Cyprus will, once more, revise the conditions under which ships are permitted to fly its flag so as not to allow the registration, in Cyprus, of ships which may not comply with the requirements of regulation 13F, 13G or 13H in manner which is consistent with the provisions of Regulation (EC) No. 1726/2003; and
 
4. Cyprus will make use of the provisions of resolution MEPC.114(50), as well as, of the provisions of regulations 13G(8)(b) and 13H(8)(b) for the purpose of denying entry into its jurisdiction of ships which have been permitted on the basis of either the provisions of regulations 13G(5) or 13G(7), or of the provisions of regulations 13H(5) or 13H(6), to continue operating except when such ships are in search of a safe haven or of a place of refuge.
 
 Cyprus believes that the aforesaid contribute towards the efforts of the International Maritime Organization to enhance the protection of the marine environment. This approach has been designed to indicate to the shipping industry that Cyprus considers that Category 2 and Category 3 oil tankers and oil tankers carrying heavy grade oil must comply with the requirements of regulation 13F as set out in regulations 13G(4) or 13H(4) or, if they fail to do so, they must be taken out of service.
 
3 Statement by the delegation of Malta
 
 Malta compliments the Parties to MARPOL 73/78 and the International Maritime Organization for the efficient manner in dealing with the revision of regulation 13G and the adoption of new regulation 13H of Annex I of MARPOL 73/78. The spirit of cooperation demonstrated is indeed commendable. Our congratulation goes also to you, Mr. Chairman, for your excellent leadership and, through you, we would also like to express our appreciation to the number of delegates who have worked so hard together with the Director of the Marine Environment Division, to whom, on behalf of all the Secretariat we are also grateful.
 
 Distinguished delegates are aware of the great importance Malta attaches to the protection of the marine environment. The sea is our survival. We are also proud to form part of a community, that of the Mediterranean States, that gives prime importance to the protection of their sea, our sea, over and above their political beliefs and alliances. It is within this spirit and with this responsibility that Malta had made a statement to this Committee on its approach to the existing regulation 13G.
 
 Now, that regulation 13G has again been revised and new regulation 13H adopted, and again, primarily and above anything else, in the interest of safeguarding the marine environment in the most possible but practical way, but also in the light of Malta's political obligations, Malta wishes to advise the Parties to MARPOL 73/78 and the Members of the International Maritime Organization, the following:
 
1. fuel oil will be imported into Malta on tankers modified to comply with the requirements of regulation 13F; it is to be noted that Malta does not import any crude oil;
 
2. Malta will implement and enforce the provisions of regulation 13G and 13H in a manner consistent with its legislation which in turn is in line with the European legislation;
 
3. Malta will, once more, revise the conditions under which ships are permitted to fly its flag in a manner that will ensure that Maltese ships comply with the requirements of regulations 13F, 13G and 13H as adopted into Maltese law; and
 
4. In line with the provisions of paragraph (8)(b) of both regulations 13G and 13H Malta cannot welcome to its ports ships undergoing commercial operations permitted to derogate from the worldwide standard, of course, save when ships are in difficulty and in search of safe haven.
 
 Of course, Mr. Chairman, adoption in this manner of the amended and new regulations will not be without pain for Malta. However, we sincerely feel that this is the way forward. We also sincerely hope that this policy will be adopted universally, in relation to all issues and in all fora. Or work should be driven not by political, commercial and personal gain but by a sincere interest in the protection of the environment that encompasses a much broader spectrum than the marine environment and ship source pollution. Moreover, our work is not a public relations exercise. The public at large and the shipping industry whom we serve demands and deserves full honesty and transparency and professionalism.
 
4 Statement by the delegation of Poland
 
 On behalf of the Polish delegation, I would like to say that Poland is fully in line with the joint statement presented by the delegation of Italy on behalf of the 15 Member States of the European Union and the European Commission after the adoption of the revised regulation 13G and the new regulation 13H of MARPOL 73/78. I would like also to add that we strongly support the statement by Italy as well as the statement by the distinguished delegate of Cyprus.







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