Revoked by A.1054(27)

 

Resolution A.1019(26)

 

Adopted on 2 December 2009

(Agenda item 10)

 

AMENDMENTS TO THE CODE FOR THE IMPLEMENTATION OF MANDATORY IMO INSTRUMENTS, 2007

 

 

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 concerning maritime safety and the prevention and control of marine pollution from ships,

 

RECALLING ALSO that, by resolution A.996(25), it adopted the Code for the Implementation of Mandatory IMO Instruments, 2007 (hereinafter referred to as the "Code"),

 

RECOGNIZING the need for the above-mentioned Code to be revised to take account of the amendments to the IMO instruments referred to above, which have entered into force or become effective since the adoption of resolution A.996(25),

 

BEING AWARE of the request of the seventh session of the UN Commission on Sustainable Development (CSD 7) that measures be developed to ensure that flag States give full and complete effect to the IMO and other relevant conventions to which they are party, so that the ships of all flag States meet international rules and standards,

 

RECOGNIZING that the Parties to the relevant international conventions have, as part of the ratification process, accepted to fully meet their responsibilities and to discharge their obligations under the conventions and other instruments to which they are party,

 

REAFFIRMING that States have the primary responsibility 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 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 realize certain benefits by becoming party to instruments aiming at promoting maritime safety, security and the prevention of pollution from ships, these benefits can only be fully realized 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;

 

            (c) reporting to the Organization, as required,

 

NOTING FURTHER that, in the context of the Voluntary IMO Member State Audit Scheme, the enactment of appropriate legislation and its implementation and enforcement are the three key issues on which a Member State’s performance can be measured,

 

BEARING IN MIND that the Voluntary IMO Member State Audit Scheme contains references to the Code for the Implementation of Mandatory IMO Instruments, as appropriate; and that the Code, in addition to providing guidance for the implementation and enforcement of IMO instruments, forms the basis of the Audit Scheme, in particular concerning the identification of the auditable areas,

 

HAVING CONSIDERED the recommendations made by the Maritime Safety Committee, at its eighty-sixth session, and the Marine Environment Protection Committee, at its fifty-ninth session,

 

1.         ADOPTS the amendments to the Code for the Implementation of Mandatory IMO Instruments, 2007, 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 implement the amendments to the Code on a national basis;

 

3.         REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to keep the Code under review and, under the coordination of the Council, to propose amendments thereto to the Assembly;

 

4.         REQUESTS FURTHER that a consolidated text of the Code, as amended, be displayed on the Organization’s website.

 

ANNEX

AMENDMENTS TO THE CODE FOR THE IMPLEMENTATION OF MANDATORY IMO INSTRUMENTS, 2007

 

The struck-out text indicates deletions and the underlined text shows additions or changes, to the Code.

 

Annex 1

 

OBLIGATIONS OF CONTRACTING GOVERNMENTS/PARTIES

 

 

Annex 2

 

SPECIFIC FLAG STATE OBLIGATIONS