MARITIME SAFETY COMMITTEE
Agenda item 3
Procedures for amendments to the 1966 Load Lines Convention
Note by the Chairman
The Committee will recall that, at its seventy-ninth session, it adopted the proposed amendments to the International Convention on Load Lines, 1966, and approved an associated draft Assembly resolution (MSC 79/23, paragraph 3.101 and MSC 79/23/Add.1, annex 6) for subsequent adoption by the twenty-fourth session of the Assembly in accordance with article 29(3) of the 1966 Load Lines Convention. These amendments constitute modifications to the certificates, issued under the Convention, whereby a new wording regarding the date of completion of survey is included in the certificates.
At that time, the Chairman referred to other procedures for amendments specified in article 29 of the 1966 Load Lines Convention and offered to consider the issue in detail and submit appropriate proposals to this session for consideration.
In this context, it should be mentioned that article 29 (Amendments) of the 1966 Load Lines Convention specifies that the Convention may be amended, upon the proposal from a Contracting Government, by:
In view of the fact that the procedure referred to in paragraph 3.2 above has already been applied by MSC 79 when adopting the aforementioned amendments and that the procedure for adoption of an amendment by a conference, referred to in paragraph 3.3 above, would entail arrangements for holding the Conference, this document addresses only the procedure for amendments by unanimous acceptance.
Upon the request of a Contracting Government, any amendment proposed by it to the present Convention shall be communicated by the Organization with a view to unanimous acceptance.
Any such amendment shall enter into force twelve months after the date of its acceptance by all Contracting Governments unless an earlier date is agreed upon. A Contracting Government which does not communicate its acceptance or rejection of the amendment to the Organizationwithin
Any proposed amendment shall be deemed to be rejected if it is not accepted under subparagraph (b) within three years after it has been communicated to all Contracting Governments by the Organization\u201d.
In this respect, it should be borne in mind that subparagraph (e) of article 29(3) of the Convention (amendment after consideration in the Organization, i.e. adoption by the MSC and the Assembly as referred to in paragraph 3.2 above) states that:
Nothing in the paragraph shall prevent the Contracting Government which first proposed action under this paragraph on an amendment to the present Convention from taking at any time such alternative action as it deems desirable in accordance with paragraph (2) or (4) of this article.\u201d
It follows from the above, that in accordance with article 29(3)(e) of the Convention, one or more Contracting Governments may submit a formal request to the Secretary-General to circulate the aforementioned proposed amendment to all Contracting Governments for unanimous acceptance. In other words, it can be concluded that the procedures specified in articles 29(2) and 29(3) can be applied one after another or applied simultaneously.
the Assembly adopts the proposed amendments, in accordance with article 29(3) of the Convention as proposed by MSC 79 and if, in the future, the proposed amendments are requested to be circulated for unanimous acceptance in accordance with article 29(2) of the Convention, and are accepted within three years, a circular letter could be issued by the Secretary-General informing
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