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Cover page of ANNEX 5:
 
ANNEXES 1 and 2
 
[will be annexed to document MSC 75/WP.8/Add.1]
 
ANNEX 3
 
[to be developed by the MSWG Chairman and the Secretariat]
 
ANNEX 4
 
[see Annex 3 to document MSC 75/WP.7)
 
ANNEX 5
 
[DRAFT] CONFERENCE RESOLUTION [1]
(adopted on [....] December 2002)
 
ADOPTION OF AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY 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 (hereinafter referred to as "the 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 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;
 
HAVING IDENTIFIED 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" among the IMO instruments relevant to the scope of resolution A.924(22),
 
RECOGNIZING 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 ALSO 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 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)(2)(bb) of the Convention, that the aforementioned amendments shall be deemed to have been accepted on [1 January 2004], 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 the Convention to note that, in accordance with article VIII(b)(vii)(2) of the Convention, the said amendments shall enter into force on [1 July 2004] upon their acceptance in accordance with paragraph 2 above;
 
4.
REQUESTS the Secretary-General of the Organization, 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.
 
[DRAFT] CONFERENCE RESOLUTION [2]
(adopted on [....] December 2002)
 
ADOPTION OF THE [INTERNATIONAL SHIP AND PORT FACILITY SECURITY (ISPS)] CODE
 
THE CONFERENCE,
 
HAVING ADOPTED amendments to the International Convention for the Safety of Life at Sea, 1974, as amended (hereinafter referred to as "the Convention"), concerning special measures to enhance maritime safety and security,
 
CONSIDERING that the new regulation[s] [XI/...., XI/.....and XI/....] of the Convention require[s] that
 
BEING OF THE OPINION that the implementation by Contracting Governments of the said regulations[s] in accordance with the implementation schedule prescribed in the new regulation [XI/....] will greatly contribute to enhancing maritime safety and security and safeguarding those on board and ashore,
 
ADOPTS the International Ship and Port Facility Security (ISPS) Code, set out in the Annex to the present resolution, for the purpose of application of regulation [XI/...] of the Convention.
 
[DRAFT] CONFERENCE RESOLUTION [3]
(adopted on [....] December 2002)
 
FURTHER WORK BY THE INTERNATIONAL MARITIME ORGANIZATION PERTAINING TO THE ENHANCEMENT OF MARITIME SECURITY
 
THE CONFERENCE,
 
HAVING ADOPTED amendments to the International Convention for the Safety of Life at Sea, 1974, as amended (hereinafter referred to as "the Convention"), concerning special measures to enhance maritime safety and security,
 
RECOGNIZING the need for the development of appropriate [......] in order to ensure the global and uniform application and implementation of the special measures to enhance maritime security adopted by the Conference,
 
INVITES the International Maritime Organization to develop, as a matter of urgency:
 
<to be further developed as appropriate>
 
and to adopt them in time before the entry into force of the amendments to the Convention adopted by the Conference.







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