ADOPTED: 5 June 2003

ENTERED INTO FORCE: 1 July 2004

DEPOSITARY: IMO, London

SECRETARY: IMO, London

IMPLEMENTATION

AMENDMENTS

Article VIII

(a) The present Convention may be amended by either of the procedures specified in the following paragraphs.

(b) Amendments after consideration within the Organisation:

• (i) Any amendment proposed by a Contracting Government shall be submitted to the Secretary-General of the Organisation, who shall then circulate it to all Members of the Organisation and all Contracting Governments at least six months prior to its consideration.
• (ii) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organisation for consideration.
• (iii) Contracting Governments of States, whether or not Members of the Organisation, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.
• (iv) Amendments shall be adopted by a two-thirds majority of the Contracting Governments present and voting in the Maritime Safety Committee as provided for in sub-paragraph (iii) of this paragraph (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one-third of the Contracting Governments shall be present at the time of voting.
• (v) Amendments adopted in accordance with sub-paragraph (iv) of this paragraph shall be communicated by the Secretary-General of the Organisation to all Contracting Governments for acceptance.
• (vi) (1) An amendment to an Article of the Convention or to Chapter I of the Annex shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Contracting Governments.
• (2) An amendment to the Annex other than Chapter I shall be deemed to have been accepted:

• (aa) at the end of two years from the date on which it is communicated to Contracting Governments for acceptance; or
• (bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Contracting Governments present and voting in the expanded Maritime Safety Committee.

• However, if within the specified period either more than one-third of Contracting Governments, or Contracting Governments the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet, notify the Secretary-General of the Organisation that they object to the amendments, it shall be deemed not to have been accepted.
• (vii) (1) An amendment to an Article of the Convention or to Chapter I of the Annex shall enter into force with respect to those Contracting Governments which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Contracting Government which accepts it after that date, six months after the date of that Contracting Government’s acceptance.
• (2) An amendment to the Annex other than Chapter I shall enter into force with respect to all Contracting Governments, except those which have objected to the amendment under sub-paragraph (vi)(2) of this paragraph and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force, any Contracting Government may give notice to the Secretary-General of the Organisation that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or such longer period as may be determined by a two-thirds majority of the Contracting Governments present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

(c) Amendment by a Conference:

• (i) Upon the request of a Contracting Government concurred in by at least one-third of the Contracting Governments, the Organisation shall convene a Conference of Contracting Governments to consider amendments to the present Convention.
• (ii) Every amendment adopted by such a Conference by a two-thirds majority of the Contracting Governments present and voting shall be communicated by the Secretary-General of the Organisation to all Contracting Governments for acceptance.
• (iii) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in sub-paragraph (b)(vi) and (b)(vii) respectively of this Article, provided that references in these paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

(d)(i) A Contracting Government which has accepted an amendment to the Annex which has entered into force shall not be obliged to extend the benefit of the present Convention in respect of the certificates issued to a ship entitled to fly the flag of a State the Government of which, pursuant to the provisions of sub-paragraph (b)(vi)(2) of this Article, has objected to the amendment and has not withdrawn such an objection, but only to the extent that such certificates relate to matters covered by the amendment in question.

(ii) A Contracting Government which has accepted an amendment to the Annex which has entered into force shall extend the benefit of the present Convention in respect of the certificates issued to a ship entitled to fly the flag of a State the Government of which, pursuant to the provisions of sub-paragraph (b)(vii)(2) of this Article, has notified the Secretary-General of the Organisation that it exempts itself from giving effect to the amendment.

(e) Unless expressly provided otherwise, any amendment to the present Convention made under this Article, which relates to the structure of a ship, shall apply only to ships the keels of which are laid or which are at a similar stage of construction, on or after the date on which the amendment enters into force.

(f) Any declaration of acceptance of, or objection to, an amendment or any notice given under sub-paragraph (b)(vii)(2) of this Article shall be submitted in writing to the Secretary-General of the Organisation, who shall inform all Contracting Governments of any such submission and the date of its receipt.

(g) The Secretary-General of the Organisation shall inform all Contracting Governments of any amendments which enter into force under this Article, together with the date on which each such amendment enters into force.