THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

　

 RECALLING article 38(a) of the Convention on 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,

　

 NOTING 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 Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which together specify the amendment procedure of the 1978 Protocol and confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

　

 HAVING CONSIDERED the text of the revised Annex II of MARPOL 73/78,

　

1. ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the 1973 Convention, the revised Annex II of MARPOL 73/78, the text of which is set out at the annex to the present resolution;

　

2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the revised Annex II of MARPOL 73/78 shall be deemed to have been accepted on 1 July 2006 unless, prior to that date, not less than one-third of the Parties 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 objection to the amendments;

　

3. INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the revised Annex II of MARPOL 73/78 shall enter into force on 1 January 2007 upon its acceptance in accordance with paragraph 2 above;

　

4. REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the revised Annex II of MARPOL 73/78 contained in the annex; and

　

5. REQUESTS FURTHER the Secretary-General to transmit copies of the present resolution and its annex to the Members of the Organization which are not Parties to MARPOL 73/78.

　

　

 For the purposes of this Annex:

　

1 Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.

　

2 Associated piping means the pipeline from the suction point in a cargo tank to the shore connection used for unloading the cargo and includes all ship’s piping, pumps and filters which are in open connection with the cargo unloading line.

　

3 Ballast water

　

 Clean ballast means ballast water carried in a tank which, since it was last used to carry a cargo containing a substance in Category X, Y or Z, has been thoroughly cleaned and the residues resulting there from have been discharged and the tank emptied in accordance with the appropriate requirements of this Annex.

　

 Segregated ballast means ballast water introduced into a tank permanently allocated to the carriage of ballast or cargoes other than oil or Noxious Liquid Substances as variously defined in the Annexes of the present Convention, and which is completely separated from the cargo and oil fuel system.

　

4 Chemical Codes

　

 Bulk Chemical Code means the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.20(22), as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an Annex.

　

 International Bulk Chemical Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.19(22), as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an Annex.

　

5 Depth of water means the charted depth.

　

6 En route means that the ship is under way at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.

　

7 Liquid substances are those having a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8℃.

　

8 Manual means Procedures and Arrangements Manual in accordance with the model given in appendix 6 of this Annex.

　

9 Nearest land. The term "from the nearest land" means from the baseline from which the territorial sea in question is established in accordance with international law, except that, for the purposes of the present Convention "from the nearest land" off the north-eastern coast of Australia shall mean from the line drawn from a point on the coast of Australia in:

　

10 Noxious Liquid Substance means any substance indicated in the Pollution Category column of chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as falling into Category X, Y or Z.

　

11 PPM means ml/m³.

　

12 Residue means any noxious liquid substance which remains for disposal.

　

13 Residue/water mixture means residue to which water has been added for any purpose (e.g. tank cleaning, ballasting, bilge slops).

　

14 Ship construction

　

14.1 Ship constructed means a ship the keel of which is laid or which is at a similar stage of construction. A ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as a chemical tanker constructed on the date on which such conversion commenced. This conversion provision shall not apply to the modification of a ship, which complies with all of the following conditions:

　

14.2 Similar stage of construction means the stage at which:

　

15 Solidifying/non-solidifying

　

15.1 Solidifying Substance means a noxious liquid substance which:

　

15.2 Non-solidifying Substance means a noxious liquid substance, which is not a Solidifying Substance.

　

16 Tanker

　

17 Viscosity

　

　

1 Unless expressly provided otherwise the provisions of this Annex shall apply to all ships certified to carry Noxious Liquid Substances in bulk.

　

2 Where a cargo subject to the provisions of Annex I of the present Convention is carried in a cargo space of an NLS tanker, the appropriate requirements of Annex I of the present Convention shall also apply.

　

　

1 The discharge requirements of this Annex shall not apply to the discharge into the sea of Noxious Liquid Substances or mixtures containing such substances when such a discharge: