THE MARITIME SAFETY COMMITTEE,

　

 RECALLING Article 28(b) of the Convention on the International Maritime Organization concerning the functions of the Committee,

　

 NOTING resolution MSC.4(48), by which it adopted the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (hereinafter referred to as "the IBC Code"), which has become mandatory under chapter VII of the International Convention for the Safety of Life at Sea (SOLAS), 1974 (hereinafter referred to as "the Convention"),

　

 NOTING ALSO article VIII(b) and regulation VII/8.1 of the Convention concerning the procedure for amending the IBC Code,

　

 BEING DESIROUS of keeping the IBC Code up to date,

　

 HAVING CONSIDERED, at its seventy-ninth session, amendments to the IBC Code proposed and circulated in accordance with article VIII(b)(i) of the Convention,

　

 CONSIDERING that it is highly desirable for the provisions of the IBC Code, which are mandatory under both the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) and the 1974 SOLAS Convention, to remain identical,

　

1. ADOPTS, in accordance with article VIII(b)(iv) of the Convention, amendments to the IBC Code, the text of which is set out in the Annex to the present resolution;

　

2. DETERMINES, in accordance with article VIII(b)(vi)(2)(bb) of the Convention, that the amendments shall be deemed to have been accepted on 1 July 2006 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 January 2007 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.

　

 The complete text of the IBC Code is replaced by the following:

　

　

1 The purpose of this Code is to provide an international standard for the safe carriage, in bulk by sea, of dangerous chemicals and noxious liquid substances listed in chapter 17 of the Code. The Code prescribes the design and construction standards of ships, regardless of tonnage, involved in such carriage and the equipment they shall carry to minimize the risk to the ship, its crew and the environment, having regard to the nature of the products involved.

　

2 The basic philosophy of the Code is to assign, to each chemical tanker, one of the ship types according to the degree of the hazards of the products carried by such ships. Each of the products may have one or more hazardous properties, including flammability, toxicity, corrosivity and reactivity, as well as the hazard they may present to the environment.

　

3 Throughout the development of the Code it was recognized that it must be based upon sound naval architectural and engineering principles and the best understanding available as to the hazards of the various products covered. Furthermore, chemical tanker design technology is not only a complex technology, but is rapidly evolving and therefore the Code should not remain static. Thus, the Organization will periodically review the Code, taking into account both experience and technical developments.

　

4 Amendments to the Code involving requirements for new products and their conditions of carriage will be circulated as recommendations, on an interim basis, when adopted by the Maritime Safety Committee (MSC) and the Marine Environment Protection Committee (MEPC) of the Organization, in accordance with the provisions of article VIII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), and article 16 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), respectively, pending the entry into force of these amendments.

　

5 The Code primarily deals with ship design and equipment. In order to ensure the safe transport of the products, the total system must, however, be appraised. Other important facets of the safe transport of the products, such as training, operation, traffic control and handling in port, are being, or will be, examined further by the Organization.

　

6 The development of the Code has been greatly assisted by a number of organizations in consultative status such as the Association of Classification Societies (IACS) and the International Electrotechnical Commission (IEC).

　

7 Chapter 16 of the Code, dealing with operational requirements of chemical tankers, highlights the regulations in other chapters that are operational in nature and mentions those other important safety features that are peculiar to chemical tanker operation.

　

8 The layout of the Code is in line with the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code), adopted by the Maritime Safety Committee at its forty-eighth session. Gas carriers may also carry in bulk liquid chemicals covered by this Code, as prescribed in the IGC Code.

　

9 The 1998 edition of the Code was based on the original text as adopted by MSC resolution MSC.4(48). In response to resolution 15 of the International Conference on Marine Pollution, 1973, the MEPC, at its twenty-second session, adopted, by resolution MEPC.19(22), the IBC Code extended to cover marine pollution prevention aspects for the implementation of Annex II to MARPOL 73/78.

　

　

11 As from the date of entry into force of the 1983 amendments to SOLAS 74 (i.e. 1 July 1986) and the date of implementation of Annex II of MARPOL 73/78 (i.e. 6 April 1987), this Code became subject to mandatory requirements under these Conventions. Amendments to the Code, whether from the point of view of safety or of marine pollution, must therefore be adopted and brought into force in accordance with the procedures laid down in article VIII of SOLAS 74 and article 16 of MARPOL 73/78 respectively.