Amendments to Regulations 13, 14 and New Appendix VII of the Revised MARPOL Annex VI
Source: http://www.imo.org/includes/blastDataOnly.asp/data_id%3D28815/190%2860%2..., downloaded 20100705
RESOLUTION MEPC.190(60) Adopted on 26 March 2010
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1997 TO AMEND THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO (North American Emission Control Area)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (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"), 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") and article 4 of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (herein after referred to as the "1997 Protocol"), which together specify the amendment procedure of the 1997 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 and 1997 Protocols,
NOTING ALSO that, by the 1997 Protocol, Annex VI entitled Regulations for the Prevention of Air Pollution from Ships was added to the 1973 Convention (hereinafter referred to as "Annex VI"),
NOTING FURTHER that the revised Annex VI was adopted by resolution MEPC.176(58) and that, following its deemed acceptance on 1 January 2010, will enter into force on 1 July 2010,
HAVING CONSIDERED draft amendments to the revised Annex VI,
1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the amendments to Annex VI, 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 February 2011, unless prior to that date, not less than one third of the Parties or 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 objection to the amendments;
3. INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 1 August 2011 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 1973 Convention, as modified by the 1978 and 1997 Protocols, 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 1973 Convention, as modified by the 1978 and 1997 Protocols, copies of the present resolution and its Annex.
ANNEX
AMENDMENTS TO REGULATIONS 13, 14 AND NEW APPENDIX VII OF THE REVISED MARPOL ANNEX V
1 Paragraph 6 of regulation 13 is amended as follows:
"6 For the purposes of this regulation, emission control areas shall be:
.1 the North American area, which means the area described by the coordinates provided in appendix VII to this Annex; and
.2 any other sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex."
2 Paragraph 3 of regulation 14 is replaced by the following:
"3 For the purpose of this regulation, emission control areas shall include:
.1 the Baltic Sea area as defined in regulation 1.11.2 of Annex I and the North Sea as defined in regulation 5(1)(f) of Annex V;
.2 the North American area as described by the coordinates provided in appendix VII to this Annex; and
.3 any other sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex."
3 New appendix VII is added as follows:
"Appendix VII
North American Emission Control Area
(Regulation 13.6 and regulation 14.3)
The North American area comprises:
.1 the sea area located off the Pacific coasts of the United States and Canada, enclosed by geodesic lines connecting the following coordinates:
[Editor's note: coordinates table omitted]
.2 the sea areas located off the Atlantic coasts of the United States, Canada, and France (Saint-Pierre-et-Miquelon) and the Gulf of Mexico coast of the United States enclosed by geodesic lines connecting the following coordinates:
[Editor's note: coordinates table omitted]
.3 the sea area located off the coasts of the Hawaiian Islands of Hawai'i, Maui, Oahu, Moloka'i, Ni'ihau, Kaua'i, Lana'i, and Kaho'olawe, enclosed by geodesic lines connecting the following coordinates:
[Editor's note: coordinates table omitted]
