Resolution MEPC.79(43)

AMENDMENTS TO THE INTERNATIONAL CODE FOR THE CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING DANGEROUS CHEMICALS IN BULK (IBC CODE)

(adopted on 1 July 1999)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING article 38(a) of the Convention on the Interna­tional Maritime Organization concerning the function of the Committee conferred upon it by international conventions for the prevention and control of marine pollution,

RECALLING ALSO resolution MEPC.19(22) by which it adopted the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code),

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),

NOTING ALSO that the Maritime Safety Committee, at its seventieth session, considered and approved the proposed amendments to the IBC Code with a view to adoption under the provisions of the International Convention for the Safety of Life at Sea, 1974 (1974 SOLAS Convention),

CONSIDERING that it is highly desirable for the provisions of the IBC Code, which are mandatory under both MARPOL 73/78 and the 1974 SOLAS Convention, to remain identical,

HAVING CONSIDERED the proposed amendments to the IBC Code circulated in accordance with article 16(2)(a) of the 1973 Convention,

1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Con­vention, amendments to the IBC Code, 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 January 2002, unless, prior to the date, not less than one-third of the Parties or 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 communicated to the Organization their objections to the amendments;

3. INVITES the Parties to note that in accordance with article 16(2)(g)(ii) of the 1973 Convention the amendments shall enter into force on 1 July 2002 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 the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the annex; and

5. REQUESTS FURTHER the Secretary-General to transmit to the Members of the Organization which are not Parties to the 1978 Proto­col copies of the resolution and its Annex.

ANNEX.
AMENDMENTS TO THE IBC CODE

Chapter 8 .
 Cargo-tank venting and gas-freeing arrangements

1. In paragraph 8.1.1, the word "This" is replaced by the words "Unless expressly provided otherwise, this".

2. The following new paragraph 8.1.6 is added after the existing paragraph 8.1.5:

"8.1.6 Ships constructed on or after 1 July 1986 but before 1 July 2002 should comply with the requirements of paragraph 8.3.3 by the date of the first scheduled dry-docking after 1 July 2002, but not later than 1 July 2005. However, the Administra­tion may approve relaxation of paragraph 8.3.3 for ships of less than 500 gross tonnage which were constructed on or after 1 July 1986 but before 1 July 2002."

3. In the last sentence of the existing paragraph 8.3.2, the refer­ence to "8.3.5" is replaced by reference to "8.3.6".

4. The following new paragraph 8.3.3 is added after the existing paragraph 8.3.2: