2013 non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code

摘要

The Assembly, Recalling Article 15(j) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to regulations and guidelines regarding maritime safety and the prevention and control of marine pollution from ships, Recalling also that, by resolution A.1054(27), it adopted the Code for the Implementation of Mandatory IMO Instruments, 2011, annexes to which provide a non-exhaustive list of instruments and obligations for guidance on the implementation and enforcement of IMO instruments, in particular concerning the identification of the auditable areas relevant to the Voluntary IMO Member State Audit Scheme, Recognizing the need for the annexes to the above-mentioned Code to be further revised to take account of the amendments to the IMO instruments referred to in the Code which have entered into force or become effective since the adoption of resolution A.1054(27), Recognizing also that parties to the relevant international conventions have, as part of the ratification process, agreed to fully meet their responsibilities and to discharge their obligations under the conventions and other instruments to which they are party, Reaffirming that it is the primary responsibility of States to have in place an adequate and effective system to exercise control over ships entitled to fly their flag and to ensure that they comply with relevant international rules and regulations in respect of maritime safety, security and protection of the marine environment, Reaffirming also that States, in their capacity as flag, port and coastal States, have other obligations and responsibilities under applicable international law in respect of maritime safety, security and protection of the marine environment, Noting that while States may gain certain benefits by becoming party to instruments aimed at promoting maritime safety, security and protection of the marine environment, these benefits can be fully realized only when all parties carry out their obligations as required by the instruments concerned, Noting also that the ultimate effectiveness of any instrument depends, inter alia, upon all States: (a) becoming party to all instruments related to maritime safety, security and pollution prevention and control; (b) implementing and enforcing such instruments fully and effectively; and (c) reporting to the Organization as required, Noting also that, by resolution A.1070(28), it adopted the IMO Instruments Implementation Code (Ⅲ Code), revoking resolution A.1054(27) on the Code for the Implementation of Mandatory IMO Instruments, 2011, Noting also that, by resolutions A.1083(28), A.1084(28) and A.1085(28), it adopted amendments to the International Convention on Load Lines, 1966, the International Convention on Tonnage Measurement of Ships, 1969, and the Convention on the International Regulations for Preventing Collisions at Sea, 1972, to make the use of the Ⅲ Code mandatory under these conventions, Noting Further that the Marine Environment Protection Committee and the Maritime Safety Committee have developed requirements for adoption by Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, the Protocol of 1988 relating to the International Convention on Load Lines, 1966, the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, respectively, to make the use of the Ⅲ Code mandatory under these instruments, Having considered the recommendations made by the Marine Environment Protection Committee, at its sixty-fifth session, and the Maritime Safety Committee, at its ninety-second session, 1 Adopts the 2013 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code, as set out in the annex to the present resolution; 2 Urges Governments of all States, in their capacity as flag, port and coastal States, to make as much use as possible of the list in the implementation of IMO instruments on a national basis; 3 Requests the Maritime Safety Committee and the Marine Environment Protection Committee to keep the list under review and, under the coordination of the Council, to propose amendments thereto to the Assembly.