Resolution MSC.262(84)
ADOPTION OF AMENDMENTS TO THE INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG)
CODE
(adopted on 16 May 2008)
THE
MARITIME SAFETY COMMITTEE,
RECALLING
Article 28(b) of the Convention on the International Maritime Organization concerning
the functions of the Committee,
NOTING
resolution MSC. 122(75) by which it adopted the International Maritime
Dangerous Goods Code (hereinafter referred to as "the IMDG Code"),
which has become mandatory under chapter VII of the International Convention
for the Safety of Life at Sea (SOLAS), 1974, as amended (hereinafter referred
to as "the Convention"),
NOTING
ALSO article VIII(b) and regulation VII/1.1 of the Convention concerning
amendment procedure for amending the IMDG Code,
HAVING
CONSIDERED, at its eighty-fourth session, amendments to the IMDG Code, proposed
and circulated in accordance with article VIII(b)(i) of the Convention,
1.
ADOPTS, in accordance with article VIII(b)(iv) of the Convention, amendments to
the IMDG Code, the text of which is set out in the Annex to the present
resolution;
2.
DETERMINES, in accordance with article VIII(b)(2)(bb) of the Convention, that
the said amendments shall be deemed to have been accepted on 1 July 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 Contracting Governments to the Convention to note that, in accordance
with article VIII(b)(vii)(2) of the Convention, the amendments shall enter into
force on 1 January 2010 upon their acceptance in accordance with paragraph 2
above;
4.
AGREES that Contracting Governments to the Convention may apply the
aforementioned amendments in whole or in part on a voluntary basis as from 1
January 2009;
5.
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;
6.
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 MARITIME DANGEROUS GOODS (IMDG) CODE
Delete
the comma after the word "goods" in 4.1.1
Paragraph
9 Add "MEPC adopted resolution MEPC.156(55), a revised text to take into
account the GHS criteria" after "... entered into force in 1994, 1996
and 2002"
1.1.1.5.1
Replace "chapter 1.3" with "paragraphs 1.3.1.4 to 1.3.1.7"
1.1.1.5.2
Replace "will be" with "is"
1.1.1.5.8
Replace "(Contact information of competent authorities)" with
"(Contact information for the main designated national competent
authorities)"
1.1.2.2.1
Replace Footnote with "The revised text of Annex III was adopted by
resolution MEPC.156(55) and will enter into force on 1 January 2010, which is
the mandatory entry into force date of amendment 34-08 to the IMDG Code"
1.1.2.2.1
Replace the text of MARPOL Annex III with:
"Annex III.
REGULATIONS FOR THE PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES CARRIED BY
SEA IN PACKAGED FORM
1.
Unless expressly provided otherwise, the regulations of this annex apply to all
ships carrying harmful substances in packaged form.
.1 For the
purpose of this annex, "harmful substances" are those substances
which are identified as marine pollutants in the International Maritime
Dangerous Goods Code (IMDG Code)* or which meet the criteria in the Appendix of
this annex.
.2 For the
purposes of this annex, "packaged form" is defined as the forms of
containment specified for harmful substances in the IMDG Code.
__________________
* Refer to the IMDG Code
adopted by the Organization by resolution MSC. 122(75), as amended.
2.
The carriage of harmful substances is prohibited, except in accordance with the
provisions of this annex.
3.
To supplement the provisions of this Annex, the Government of each Party to the
Convention shall issue, or cause to be issued, detailed requirements on
packing, marking, labelling, documentation, stowage, quantity limitations and
exceptions for preventing or minimizing pollution of the marine environment by
harmful substances.*
________________
* Refer to the specific
exemptions provided for in the IMDG Code adopted by resolution MSC. 122(75), as
amended.
4.
For the purposes of this Annex, empty packagings which have been used
previously for the carriage of harmful substances shall themselves be treated
as harmful substances unless adequate precautions have been taken to ensure
that they contain no residue that is harmful to the marine environment.
5.
The requirements of this annex do not apply to ship's stores and equipment.
Packages
shall be adequate to minimize the hazard to the marine environment, having
regard to their specific contents.
Regulation 3.
Marking and labelling
1.
Packages containing a harmful substance shall be durably marked with the
correct technical name (trade names alone shall not be used) and, further,
shall be durably marked or labelled to indicate that the substance is a marine
pollutant. Such identification shall be supplemented where possible by any
other means, for example, by use of the relevant United Nations number.
2.
The method of marking the correct technical name and of affixing labels on
packages containing a harmful substance shall be such that this information
will still be identifiable on packages surviving at least three months'
immersion in the sea. In considering suitable marking and labelling, account
shall be taken of the durability of the materials used and of the surface of
the package.
3.
Packages containing small quantities of harmful substances may be exempted from
the marking requirements*.
Regulation 4. **
Documentation
1.
In all documents relating to the carriage of harmful substances by sea where
such substances are named, the correct technical name of each such substance
shall be used (trade names alone shall not be used) and the substance further
identified by the addition of the words "MARINE POLLUTANT".
_________________
* Refer to the specific
exemptions provided for in the IMDG Code adopted by resolution MSC. 122(75), as
amended.
** Reference to
"documents" in this regulation does not preclude the use of
electronic data processing (EDP) and electronic data interchange (EDI) transmission
techniques as an aid to paper documentation.
2.
The shipping documents supplied by the shipper shall include, or be accompanied
by; a signed certificate or declaration that the shipment offered for carriage
is properly packaged and marked, labelled or placarded as appropriate and in
proper condition for carriage to minimize the hazard to the marine environment.
3.
Each ship carrying harmful substances shall have a special list