Resolution MEPC.89(45)

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
(Amendments to Annex V of MARPOL 73/78)

(Adopted on 5 October 2000)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING article 38(a) of tile 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,

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 resolution MEPC.87(44) by which the Committee agreed on the use of Spanish under IMO conventions relating to pollution prevention,

HAVING CONSIDERED the proposed amendments to An­nex V of MARPOL 73/78, which were approved by the forty-fourth session of the Committee and 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, the amendments 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 September 2001, unless prior to the date, not less than one-third of the Parties or the Parties 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 March 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 MARPOL 73/78 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 MARPOL 73/78 copies of the resolution and its Annex.

Annex.

AMENDMENTS TO ANNEX V OF MARPOL 73/78

1. The existing paragraph (2) of regulation 1 is replaced by the following:

"Nearest land". The term "from the nearest land" means from the baseline from which the territorial sea of the ter­ritory in question is established in accordance with interna­tional law, except that, for the purposes of the present Convention "from nearest land" off the north-eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in

      latitude 11°00' S, longitude 142°08' E

      to a point in latitude     10°35'S,  longitude 141°55' E,

      thence to a point latitude 10°00' S, longitude 142°00' E,

      thence to a point latitude  9°10' S, longitude 143°52' E,

      thence to a point latitude  9°00' S, longitude 144°30' E,

      thence to a point latitude 10°41' S, longitude 145°00' E,

      thence to a point latitude 13°00' S, longitude 145°00' E,

      thence to a point latitude 15°00' S, longitude 146°00' E,

      thence to a point latitude 17°30' S, longitude 147°00' E,

      thence to a point latitude 21°00' S, longitude 152°55' E,