Resolution
MSC.202(81)
ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE
AT SEA, 1974, AS AMENDED
(adopted
on 19 May 2006)
THE
MARITIME SAFETY COMMITTEE,
RECALLING
Article 28(b) of the Convention on the International Maritime Organization
concerning the functions of the Committee,
RECALLING
FURTHER article VIII(b) of the International Convention for the Safety of Life
at Sea (SOLAS), 1974 (hereinafter referred to as "the Convention"),
concerning the amendment procedure applicable to the Annex to the Convention,
other than the provisions of chapter I thereof,
HAVING
CONSIDERED, at its eighty-first session, amendments to the Convention, proposed
and circulated in accordance with article VIII(b)(i) thereof,
1.
ADOPTS, in accordance with article VIII(b)(iv) of the Convention, amendments to
the Convention, the text of which is set out in the Annex to the present
resolution;
2.
DETERMINES, in accordance with article VIII(b)(vi)(2)(bb) of the Convention,
that the said amendments shall be deemed to have been accepted on 1 July 2007,
unless, prior to that date, more than one third of the Contracting Governments
to the Convention or Contracting Governments the combined merchant fleets of
which constitute not less than 50% of the gross tonnage of the world’s merchant
fleet, have notified their objections to the amendments;
3.
INVITES SOLAS Contracting Governments to note that, in accordance with article
VIII(b)(vii)(2) of the Convention, the amendments shall enter into force on 1
January 2008 upon their acceptance in accordance with paragraph 2 above;
4.
REQUESTS the Secretary-General, in conformity with article VIII(b)(v) of the
Convention, to transmit certified copies of the present resolution and the text
of the amendments contained in the Annex to all Contracting Governments to the
Convention;
5.
FURTHER REQUESTS the Secretary-General to transmit copies of this resolution
and its Annex to Members of the Organization, which are not Contracting
Governments to the Convention.
Annex.
AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974,
AS AMENDED
CHAPTER
V.
SAFETY OF NAVIGATION
Regulation
2.
Definitions1
______________________
1 The amendments to regulation
2 take into account the amendments to the regulation which were adopted on 20
May 2004, under cover of resolution MSC.153(78), and which will enter into
force on 1 July 2006.
1.
The following text is inserted after the existing paragraph 5:
"6.
High-speed craft means a craft as defined in regulation X/1.3.
7. Mobile
offshore drilling unit means a mobile offshore drilling unit as defined in
regulation XI-2/1.1.5."
2.
The following new regulation 19-1 is inserted after the existing regulation 19:
"Regulation 19-1.
Long-range identification and tracking of ships
1. Nothing in this regulation or the provisions of performance
standards and functional requirements2 adopted by the Organization
in relation to the long-range identification and tracking of ships shall
prejudice the rights, jurisdiction or obligations of States under international
law, in particular, the legal regimes of the high seas, the exclusive economic
zone, the contiguous zone, the territorial seas or the straits used for
international navigation and archipelagic sea lanes.
2.1 Subject to the provisions of paragraphs 4.1 and 4.2, this
regulation shall apply to the following types of ships engaged on international
voyages:
.1 passenger
ships, including high-speed passenger craft;
.2 cargo ships,
including high-speed craft, of 300 gross tonnage3 and upwards; and
.3 mobile
offshore drilling units.
_________________
2 Refer to the
Performance standards and functional requirements for the long-range
identification and tracking of ships, adopted by the Maritime Safety Committee
of the Organization by resolution MSC.210(81).
3 The gross
tonnage to be used for determining whether a cargo ship or high-speed craft is
required to comply with the provisions of this regulation shall be that
determined under the provisions of the International Convention on Tonnage
Measurement of Ships, 1969 irrespective of the date on which the ship or
high-speed craft has been or is being constructed.
2.2 The term "ship", when used in paragraphs 3 to 11.2,
includes the passenger and cargo ships, the high-speed craft and the mobile
offshore drilling units which are subject to the provisions of this regulation.
3. This regulation establishes provisions to enable Contracting
Governments to undertake the long-range identification and tracking of ships.
4.1 Ships shall be fitted with a system to automatically transmit
the information specified in paragraph 5 as follows:
.1 ships
constructed on or after 31 December 2008;
.2 ships
constructed before 31 December 2008 and certified for operations:
.1 in sea areas
A1 and A2, as defined in regulations IV/2.1.12 and IV/2.1.13; or
.2 in sea areas
Al, A2 and A3, as defined in regulations IV/2.1.12, IV/2.1.13 and IV/2.1.14;
not later than
the first survey of the radio installation after 31 December 2008;
.3 ships
constructed before 31 December 2008 and certified for operations in sea areas
Al, A2, A3 and A4, as defined in regulations IV/2.1.12, IV/2.1.13, IV/2.1.14
and IV/2.1.15, not later than the first survey of the radio installation after
1 July 2009. However, these ships shall comply with the provisions of
subparagraph .2 above whilst they operate within sea areas A1, A2 and A3.
4.2 Ships, irrespective of the date of construction, fitted with
an automatic identification system (AIS), as defined in regulation 19.2.4, and
operated exclusively within sea area A1, as defined in regulation IV/2.1.12,
shall not be required to comply with the provisions of this regulation.
5. Subject to the provisions of paragraph 4.1, ships shall
automatically transmit the following long-range identification and tracking
information:
.1 the identity
of the ship;
.2 the position
of the ship (latitude and longitude); and
.3 the date and
time of the position provided.
6. Systems and equipment used to meet the requirements of this
regulation shall conform to performance standards and functional requirements4
not inferior to those adopted by the Organization. Any shipboard equipment
shall be of a type approved by the Administration.
________________
4 Refer to the
Performance standards and functional requirements for the long-range
identification and tracking of ships, adopted by the Maritime Safety Committee
of the Organization by resolution MSC.210(81).
7. Systems and equipment used to meet the requirements of this
regulation shall be capable of being switched off on board or be capable of
ceasing the distribution of long-range identification and tracking information:
.1 where
international agreements, rules or standards provide for the protection of
navigational information; or
.2 in
exceptional circumstances and for the shortest duration possible where the
operation is considered by the master to compromise the safety or security of
the ship. In such a case, the master shall inform the Administration without
undue delay and make an entry in the record of navigational activities and
incidents maintained in accordance with regulation 28 setting out the reasons
for the decision and indicating the period during which the system or equipment
was switched off.
8.1 Subject to the provisions of paragraphs 8.2 to 11.2,
Contracting Governments shall be able to receive long-range identification and
tracking information about ships, for security and other purposes as agreed by
the Organization, as follows:
.1 the
Administration shall be entitled to receive such information about ships
entitled to fly its flag irrespective of where such ships may be located;
.2 a
Contracting Government shall be entitled to receive such information about
ships which have indicated their intention to enter a port facility, as defined
in regulation XI-2/1.1.9, or a place under the jurisdiction of that Contracting
Government, irrespective of where such ships may be located provided they are
not located within the waters landward of the baselines, established in
accordance with international law, of another Contracting Government; and
.3 a
Contracting Government shall be entitled to receive such information about
ships entitled to fly the flag of other Contracting Governments, not intending
to enter a port facility or a place under the jurisdiction of that Contracting
Government, navigating within a distance not exceeding 1,000 nautical miles of
its coast provided such ships are not located within the waters landward of the
baselines, established in accordance with international law, of another
Contracting Government; and
.4 a
Contracting Government shall not be entitled to receive, pursuant to
subparagraph .3, such information about a ship located within the territorial
sea of the Contracting Government whose flag the ship is entitled to fly.
8.2 Contracting Governments shall specify and communicate to the
Organization relevant details, taking into account the performance standards
and functional requirements adopted by the Organization5, to enable
long-range identification and tracking information to be made available
pursuant to the provisions of paragraph 8.1. The Contracting Government
concerned may, at any time thereafter, amend or withdraw such communication.
The Organization shall inform all Contracting Governments upon receipt of such
communication together with the particulars thereof.
__________________
5 Refer to the
Performance standards and functional requirements for the long-range
identification and tracking of ships, adopted by the Maritime Safety Committee
of the Organization by resolution MSC.210(81).
9.1 Notwithstanding the provisions of paragraph 8.1.3, the
Administration shall be entitled, in order to meet security or other concerns,
at any time, to decide that long-range identification and tracking information
about ships entitled to fly its flag shall not be provided pursuant to the
provisions of paragraph 8.1.3 to Contracting Governments. The Administration
concerned may, at any time thereafter, amend, suspend or annul such decisions.
9.2 The Administration concerned shall communicate, pursuant to