FINAL ACT OF THE CONFERENCE OF CONTRACTING GOVERNMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

(24 May 1994)

 

1. Pursuant to the decision of the Assembly of the International Maritime Organization at its eighteenth session and the Maritime Safety Committee at its sixtysecond session and in accordance with article VIII(c) of the International Convention for the Safety of Life at Sea, 1974 (the 1974 SOLAS Convention), the Organization convened a Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974. The purpose of the Conference was to consider and adopt amendments to article VIII and the Annex to the 1974 SOLAS Convention.

 

2. The Conference was held at the Headquarters of the International Maritime Organization in London on 17 May, 18 May (9.30 a.m. to 11 a.m.), 20 May (11.30 a.m. to 12.30 p.m.), 23 May, p.m. and 24 May 1994.

 

3. Representatives of 72 Contracting Governments to the 1974 SOLAS Convention participated in the Conference, namely the representatives of:

 

 

4. The Solomon Islands, which is not a Contracting Government to the 1974 SOLAS Convention, sent an observer to the Conference.

 

5. Hong Kong and Macau, Associate Members of the International Maritime Organization, sent observers to the Conference.

 

6. The following organization of the United Nations system was represented at the Conference:

 

INTERNATIONAL LABOUR ORGANISATION (ILO)

 

7. The following intergovernmental organizations sent observers to the Conference:

 

INTERNATIONAL HYDROGRAPHIC ORGANIZATION (IHO)

 

COMMISSION OF THE EUROPEAN COMMUNITY (EC)

 

LEAGUE OF ARAB STATES

 

8. The following nongovernmental organizations sent observers to the Conference:

 

INTERNATIONAL CHAMBER OF SHIPPING (ICS)

 

INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)

 

INTERNATIONAL SHIPPING FEDERATION LTD (ISF)

 

INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)

 

INTERNATIONAL ASSOCIATION OF LIGHTHOUSE AUTHORITIES (IALA)

 

INTERNATIONAL RADIOMARITIME COMMITTEE (CIRM)

 

INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS (IAPH)

 

THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)

 

INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETIES (IACS)

 

INTERNATIONAL CARGO HANDLING COORDINATION ASSOCIATION (ICHCA)

 

LATIN AMERICAN SHIPOWNERS' ASSOCIATION (LASA)

 

OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF)

 

INTERNATIONAL MARITIME PILOTS' ASSOCIATION (IMPA)

 

FRIENDS OF THE EARTH INTERNATIONAL (FOEI)

 

INTERNATIONAL ASSOCIATION OF DRILLING CONTRACTORS (IADC)

 

INTERNATIONAL FEDERATION OF SHIPMASTERS' ASSOCIATIONS (IFSMA)

 

THE ASSOCIATION OF WEST EUROPEAN SHIPBUILDERS (AWES)

 

INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO)

 

SOCIETY OF INTERNATIONAL GAS TANKERS AND TERMINAL OPERATORS (SIGTTO)

 

INTERNATIONAL ROAD TRANSPORT UNION (IRU)

 

INTERNATIONAL ASSOCIATION OF DRY CARGO SHIPOWNERS (INTERCARGO)

 

9. The Conference was opened by Mr. W.A! O'Neil, Secretary General of the International Maritime Organization.

 

10. The Conference elected Mr. T.R. Funder, Head of the delegation of Denmark, President of the Conference.

 

11. The Conference elected Mr. Teh Kong Leong, Head of the delegation of Singapore, VicePresident of the Conference.

 

12. The Secretariat of the Conference consisted of the following officers:

 

 

13. The Conference used as the basis of its work the following proposals which were prepared by the Maritime Safety Committee:

 

- draft texts of amendments to the 1974 SOLAS Convention; and

 

- a draft resolution on the adoption of the amendments to the 1974 SOLAS Convention.

 

14. The Conference also considered proposals and comments submitted to it by Contracting Governments and international organizations concerned.

 

15. As a result of its deliberations, as recorded in the records of decisions of the plenary sessions, the Conference adopted the amendments to the International Convention for the Safety of Life at Sea, 1974, together with resolution 1 on the adoption of the amendments which constitute Attachment 1 to this Final Act.

 

16. The Conference also adopted the following resolutions contained in Attachment 2 to this Final Act:

 

Resolution 2: Implementation of chapter IX of the 1974 SOLAS Convention on management for. the safe operation of ships

 

Resolution 3: Implementation of the International Safety Management (ISM) Code for cargo ships of less than 500 gross tonnage

 

Resolution 4: Accelerated tacit acceptance procedure under the 1974 SOLAS Convention in exceptional circumstances

 

Resolution 5: Future amendments to chapter XI of the 1974 SOLAS Convention on special measures to enhance maritime

 

17. The text of this Final Act, including its attachments, is established in a single original text in the Arabic, Chinese, English, French, Russian and Spanish languages. The original is to be deposited with the Secretary General of the International Maritime Organization.

 

18. The Secretary General of the International Maritime Organization shall send:

 

(a) certified copies of this Final Act, including its Attachment 2, to the Governments of the States invited to be represented at the Conference,

 

(b) certified copies of the texts of the amendments to the 1974 SOLAS Convention, together with resolution 1 on the adoption of the amendments, to all Contracting Governments to the 1974 SOLAS Convention in conformity with article VIII (c) (ii) of the 1974 SOLAS Convention, and

 

(c) copies of the texts of the amendments to the 1974 SOLAS Convention, together with resolution 1 on the adoption of the amendments, to Governments of States which are not Contracting Governments to the Convention.

 

IN WITNESS WHEREOF the undersigned have affixed their signatures to this Final Act.

 

DONE AT LONDON this twentyfourth day of May one thousand nine hundred and ninetyfour.

 

(signatures omitted)

 

 

Attachment 1. 
Conference Resolution 1.
ADOPTION OF AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

 

THE CONFERENCE,

 

RECALLING article VIII (c) of the International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as "the Convention" ) concerning the procedure for amending the Convention by a Conference of Contracting Governments,

 

HAVING CONSIDERED amendments to the Annex to the Convention proposed and circulated to the Members of the Organization and all Contracting Governments to the Convention,

 

1. ADOPTS, in accordance with article VIII(c)(ii) of the Convention, amendments to the Annex to the Convention, the texts of which are given in the Annexes to the present resolution;

 

2. DETERMINES, in accordance with article VІІI(b) (vi) (2) (bb) of the Convention, that:

 

(a) the amendments set out in Annex 1 shall be deemed to have been accepted on 1 July 1995; and

 

(b) the amendments set out in Annex 2 shall be deemed to have been accepted on 1 January 1998;

 

unless, prior to these dates, more than one third of the Contracting Governments to the Convention or Contracting Governments the combined merchant fleets of which constitute not less than fifty per cent 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 VІІІ(b) (vii) (2) of the Convention:

 

(a) the amendments set out in Annex 1 shall enter into force on 1 January 1996; and

 

(b) the amendments set out in Annex 2 shall enter into force on 1 July 1998; upon their acceptance in accordance with paragraph 2 above.

 

Annex 1.
ADDITION OF NEW CHAPTERS X AND XI TO THE ANNEX TO AND AMENDMENTS TO APPENDIX 1 OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

 

1. The following new chapter X is added:

 

"Chapter X.
SAFETY MEASURES FOR HIGH SPEED CRAFT

 

Regulation 1.
Definitions

 

For the purpose of this chapter:

 

1. "High Speed Craft Code (HSC Code)" means the International Code of Safety for High Speed Craft adopted by the Maritime Safety Committee of the Organization by resolution MSC.36(63), as may be amended by the Organization, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I.

 

2. "High speed craft" is a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding:

 

3.7V^0,1667

 

where:

 

V - displacement corresponding to the design waterline, m³.

 

3. The expression "craft constructed" means a craft the keel of which is laid or which is at a similar stage of construction.

 

4. The term "similar stage of construction" means a stage at which:

 

.1 construction identifiable with a specific craft begins; and

 

.2 assembly of that craft has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less.

 

Regulation 2.
Application

 

1. This chapter applies to high speed craft constructed on or after 1 January 1996, as follows:

 

.1 passenger craft which do not proceed in the course of their voyage more than 4 hours at operational speed from a place of refuge when fully laden, and

 

.2 cargo craft of 500 gross tonnage and over which do not proceed in the course of their voyage more than 8 hours at operational speed from a place of refuge when fully laden.

 

2. Any craft, irrespective of the date of construction, which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the craft. Such a craft, if constructed before 1 January 1996, shall, as a rule, comply with the requirements for a craft constructed on or after that date to at least the same extent as it did before undergoing such repairs, alterations, modifications or outfitting. Repairs, alterations and modifications of a major character, and outfitting related thereto, shall meet the requirements for a craft constructed on or after 1 January 1996 in so far as the Administration deems reasonable and practicable.

 

Regulation 3.
Requirements for high speed craft

 

1. Notwithstanding the provisions of chapters I to IV and regulation V/12, a high speed craft which complies with the requirements of the High Speed Craft Code in its entirety and which has been surveyed and certified as provided for in that Code shall be deemed to have complied with the requirements of chapters I to IV and regulation V/12. For the purpose of this regulation, the requirements of the Code shall be treated as mandatory.

 

2. The certificates and permits issued under the High Speed Craft Code shall have the same force and the same recognition as the certificates issued under chapter I."

 

2. The following new chapter XI is added:

 

"Chapter XI.
SPECIAL MEASURES TO ENHANCE MARITIME SAFETY

 

Regulation 1.
Authorization of recognized organizations

 

Organizations referred to in regulation I/6 shall comply with the guidelines developed by the Organization*.

______________

* Refer to the Guidelines for the Authorization of Organizations acting on behalf of the Administration, adopted by the Organization by resolution A.739(18).

 

Regulation 2.
Enhanced surveys

 

Bulk carriers as defined in regulation IX/1.6 and oil tankers as defined in regulation III/2.12 shall be subject to an enhanced programme of inspections in accordance with the guidelines adopted by the Assembly of the Organization by resolution A.744(18), as may be amended by the Organization, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I.

 

Regulation 3.
Ship identification number

 

1. This regulation applies to all passenger ships of 100 gross tonnage and upwards and to all cargo ships of 300 gross tonnage and upwards.

 

2. Every ship shall be provided with an identification number which conforms to the IMO ship identification number scheme adopted by the Organization.*

______________

* Refer to the IMO Ship Identification Number Scheme, adopted by the Organization by resolution A.600(15).

 

3. The ship's identification number shall be inserted on the certificates and certified copies thereof issued under regulation I/12 or regulation I/13.

 

4. For ships constructed before 1 January 1996, this regulation shall take effect when a certificate is renewed on or after 1 January 1996.

 

Regulation 4.
Port State control on operational requirements*

_______________

* Refer to the Procedures for the Control of Operational Requirements related to the Safety of Ships and Pollution Prevention, adopted by the Organization by resolution A.742(18).

 

1. A ship when in a port of another Contracting Government is subject to control by officers duly authorized by such Government concerning operational requirements in respect of the safety of ships, when there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the safety of ships.

 

2. In the circumstances given in paragraph 1 of this regulation the Contracting Government carrying out the control shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of the present Convention.

 

3. Procedures relating to the port State control prescribed in regulation I/19 shall apply to this regulation.

 

4. Nothing in the present regulation shall be construed to limit the rights and obligations of a Contracting Government carrying out control over operational requirements specifically provided for in the regulations."

 

3. Amendments to Appendix 1

 

Form of Safety Certificate for Passenger Ships

PASSENGER SHIP SAFETY CERTIFICATE

 

3.1 The text of footnote 3 is replaced by the following:

 

"In accordance with the IMO Ship Identification Number Scheme adopted by the Organization by resolution A.600(15)."

 

Form of Safety Construction Certificate for Cargo Ships

 

CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE

 

3.2 The text of footnote 3 is replaced by the following:

 

"In accordance with the IMO Ship Identification Number Scheme adopted by the Organization by resolution A.600(15)."

 

Form of Safety Equipment Certificate for Cargo Ships

CARGO SHIP SAFETY EQUIPMENT CERTIFICATE

 

3.3 The text of footnote 3 is replaced by the following:

 

"In accordance with the IMO Ship Identification Number Scheme adopted by the Organization by resolution A.600(15)."

 

Form of Safety Radio Certificate for Cargo Ships

CARGO SHIP SAFETY RADIO CERTIFICATE

 

3.4 The text of footnote 2 is replaced by the following:

 

"In accordance with the IMO Ship Identification Number Scheme adopted by the Organization by resolution A.600(15)."