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 proposed amendments to the Appendix to Annex V of MARPOL 73/78,

　

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

　

2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 1 February 2005, unless, prior to that date, not less than one third of the Parties to MARPOL 73/78 or by the 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 notified to the Organization their objections to the amendments;

　

3. INVITES Parties to MARPOL 73/78 to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 1 August 2005 upon their 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 amendments contained in the annex;

　

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

　

ANNEX

　

　

1 Garbage category "4" in Section 3 of the Form of Garbage Record Book is amended as follows:

　

2 Paragraph 4.1(a)(ii) of Section 4 in the Form of Garbage Record Book is amended as follows:

　

3 The NOTE included in the Record of Garbage Discharges is amended by adding the following sentence: