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ANNEX 1
[DRAFT] CONFERENCE RESOLUTION [....]
(adopted on [....] December 2002)
ADOPTION OF AMENDMENTS TO ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFFTY OF LIFE AT SEA,1974 AS AMENDED
THE CONFERENCE,
RECALLING article VIII(c) of the International Convention for the Safety of Life at Sea,1974, as amended (hereinafter referred to as "the Convention") concerning the procedure for amending the Convention by a Conference of Contracting Governments,
NOTING Resolution A.924(22) of the Assembly of the International Maritime Organization(Organization) on the "Review of Measures and Procedures to Prevent Acts of Terrorism which threaten the Security of Passengers and Crew and the Safety of Ships" which inter alia:
(a) Recognizes the need for the Organization to review, with intent to revise, existing, and consider new, appropriate international legal and technical measures to prevent and suppress terrorism against ships and to improve security aboard and ashore in order to reduce the risk to passengers, crew and port personnel on board ships and in port areas and to the vessels and their cargoes; and
(b) Requests the Maritime Safety Committee, the Legal Committee and the Facilitation Committee of the Organization, under the direction of the Council of the Organization, to undertake, on a high priority basis, a review to ascertain whether there is a need to update [the instruments referred in the preambular paragraphs [of the aforesaid Resolution]] [inter alia Resolution A.584(14) on "Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew", MSC/Circ. 443 on "Measures to prevent unlawful acts against passengers and crew on board ships" and MSC/Circ.754 on "Passenger Ferry Security"] and any other IMO instrument relevant under their scope and/to adopt other security measures and, in the light of such a review, to take action as appropriate;
RECOGNISING the need for urgent and special measures to enhance maritime security and the desire of Contracting Governments to bring these measures into force as soon as possible,
RECALLING Resolution 5 of the Conference of Contracting Government to the International Convention for the Safety of Life at Sea, 1974, adopted on the 24 May 1994, on "Future amendments to Chapter XI of the 1974 SOLAS Convention on special measures to enhance maritime safety",
HAVING CONSIDERED amendments to the annex of the Convention proposed and circulated to the Members of the Organization and to all Contracting Governments to the Convention,
1. |
ADOPTS, in accordance with article VIII(c)(iii) of the Convention, amendments to the annex of the Convention, the text of which is given in the Annex to the present resolution; |
2. |
DETERMINES, in accordance with article VIII(b)(vi)(X2)(bb) of the Convention, that the amendments shall be deemed to have been accepted on [1 January2004], unless, prior to that date, more than one third of the Contracting Governments to the Convention or Contracting Governments the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world's merchant fleet, have notified their objections to the amendments; |
3. |
INVITES Contracting Governments to note that, in accordance with article VIII(b)(vii)(2) of the Convention, the amendments shall enter into force on [1 July 2004] upon their acceptance in accordance with paragraph 2 above; |
4. |
REQUESTS the Secretary-General, in conformity with article VIII(b)(v) of the Convention, to transmit certified copies of the present resolution and the text of the amendments contained in the Annex to all Contracting Governments to the Convention; |
5. |
FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its Annex to Members of the Organization, which are not Contracting Governments to the Convention. |
ANNEX
[DRAFT] AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 AS AMENDED
Chapter V
SAFETY OF NAVIGATION
Regulation 19
Carriage Requirements for Shipborne Navigational Systems and Equipment
[1. |
The existing text of paragraphs 2.4.2.4 to 2.4.2.6 is replaced by the following text: |
".2.4 in the case of ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 50,000 gross tonnage, not later than the first survey1 for safety equipment on or after 1 July 2004 or [31 December 2004], whichever occurs earlier; and"]
Chapter XI
SPECIAL MEASURES TO ENHANCE MARITIME SAFETY
[2 |
The title of Chapter XI is replaced by a new title as follows: "Special Measures to enhance Maritime Safety and Security" |
3 |
After the title of Chapter XI the following subtitled is inserted: |
"Part A - Special Measures to enhance Maritime Safety"
4 |
After the end of Regulation 4 the following new Part is added: |
"Part B - Special Measures to enhance Maritime Security
Regulation 5
Definitions
For the purpose of this part, unless expressly provided otherwise:
1 |
"Mobile Offshore Drilling Unit" means a mobile offshore drilling unit as defined in regulation IX/1. |
[2 |
"Fixed Platform" means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.] |
[3 |
"Floating Platform" means.... (to be developed).] |
4 |
"Designated Authority" means the organization or organizations or the administration or administrations identified by or within the Contracting Government as responsible for ensuring the development, implementation and maintenance of Port Facility Security Plans [or flag State Ship Security Plans, or both]. |
5 |
["Port" means the area, through which vessel traffic and maritime commerce flow or people are transported, including areas ashore (extending to intermodal and cargo storage areas) and on the adjacent water (to include anchorages and approaches), as defined by the designated authority.] |
6 |
"Ship/port interface" means the activities that occur when a ship engaged on an international voyage is directly and immediately affected by an action [within the port] involving the movement of people, goods or the provisions of port services to or from the ship as defined by the designated authority. |
7 |
"Port Facility" means a location [within a port] at which ship/port interface occurs. |
8 |
"Company" means the Company as defined in regulation IX/1. |
9 |
"[.....] Code" means International Code for the Security of Ships [, Mobile Offshore Drilling Units and Fixed and Floating Platforms] and of Port Facilities [and of Fixed and Floating Platforms] adopted by the resolution [....] of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, on the [....] December 2002, as may be amended by the organization, provided that: |
.1 amendments to Part A of the [....] Code are adopted, brought into force and take effect in accordance with article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I; and
.2 amendments to Part B of the [....] Code are adopted by the Maritime Safety Committee in accordance with its rules of procedure.
Regulation 6
Requirements for Ships [, Mobile Offshore Drilling Unit and Fixed and Floating Platforms]
1 |
This regulation applies to the following types of ships [when engaged on international voyages] ; |
.1 passenger ships;
.2 cargo ships of 500 gross tonnage and above; [and
.3 mobile offshore drilling units.]
[2 |
This regulation also applies to fixed and floating platforms.] |
3 |
The ship [, the Mobile Offshore Drilling Unit and the Fixed and Floating Platform] and the company operating the ship [, the Mobile Offshore Drilling Unit and the Fixed and Floating Platform] shall comply with the relevant requirements of Part A of the [.....] Code as specified in the [.....] Code and in so far as practicable with Part B of the [.....] Code. For the purpose of this regulation the requirements of Part A of the [....] Code shall be treated as mandatory. |
Regulation 7
Requirements for Port Facilities [and for Fixed and Floating Platforms]
1 |
This regulation applies to: |
.1 port facilities [serving ships engaged on international voyages [.][; and
.2 fixed and floating platforms.]
2 |
The Port Facility [and the Fixed and Floating Platform] shall comply with the relevant requirements of Part A of the [.....] Code as specified in the [.....] Code and in so far as practicable with Part B of the [.....] Code. For the purpose of this regulation the requirements of Part A of the [.....] Code shall be treated as mandatory. |
[3 |
Contracting Governments shall consider the extent of application of the present regulation and of the relevant sections of Part A of the [.....] Code to those port facilities which, although they have been designed for, are intended and are used primarily by ships not engaged on international voyages, are required, occasionally, to receive ships arriving or departing on an international voyage.]] |
| 1 |
The first survey for safety equipment survey means the first annual survey or the first periodical survey or the first renewal survey for safety equipment whichever is due first on or after 1 July 2004.] |
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