Resolution MSC.239(83)

ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED

(adopted on 12 October 2007)

corrected by MSC 83/28/Add.2/Corr.1 

9 January 2008

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 to the provisions of chapter I thereof,

HAVING CONSIDERED, at its eighty-third 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 January 2009, 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 July 2009 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 IV.
RADIOCOMMUNICATIONS

Part A. General

1. The following new regulation 4-1 is added after the existing regulation 4:

"Regulation 4-1.
GMDSS satellite providers

The Maritime Safety Committee shall determine the criteria, procedures and arrangements for the evaluation, recognition, review and oversight of the provision of mobile satellite communication services in the Global Maritime Distress and Safety System (GMDSS) pursuant to the provisions of this chapter."

CHAPTER VI.
CARRIAGE OF CARGOES

2. The following new regulation 5-1 is added after the existing regulation 5:

"Regulation 5-1.
Material safety data sheets

Ships carrying MARPOL Annex I cargoes, as defined in Appendix I to Annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and marine fuel oils shall be provided with a material safety data sheet prior to the loading of such cargoes based on the recommendations developed by the Organization.*

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* Refer to the Recommendation for material safety data sheets (MSDS) for MARPOL Annex I cargoes and marine fuel oils, adopted by the Organization by resolution