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Decree No. 2015 - 1021 19 August 2015 On The Publication Of Resolution Msc.325 Concerning The Adoption Of Amendments To The International Convention For The Safety Of Life At Sea 1974 (Set An Annex), Adopted At London L...

Original Language Title: Décret n° 2015-1021 du 19 août 2015 portant publication de la résolution MSC.325 relative à l'adoption d'amendements à la convention internationale de 1974 pour la sauvegarde de la vie humaine en mer (ensemble une annexe), adoptée à Londres l...

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AGREEMENT, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT, MARITIME TRANSPORT, INTERNATIONAL MARITIME ORGANIZATION, IMO, INTERNATIONAL CONVENTION, SAUVEGARD OF THE VIE HUMAINE IN MER, INTERNATIONAL CONVENTION FOR THE SAUVEGARD OF THE VIE HUMAINE IN MER, SECURITY OF THE PERSONAL


JORF n°0192 of 21 August 2015 page 14633
text No. 2



Decree No. 2015-1021 of 19 August 2015 on the publication of resolution MSC.325(90) on the adoption of amendments to the 1974 International Convention for the Protection of Human Life at Sea (as a whole), adopted in London on 24 May 2012 (1)

NOR: MAEJ1519213D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/8/19/MAEJ1519213D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/8/19/2015-1021/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 58-905 of 27 September 1958 publishing the Convention on the Establishment of the Intergovernmental Consultative Organization for Maritime Navigation, signed at Geneva on 6 March 1948;
Vu le Decree No. 80-369 of 14 May 1980 publishing the 1974 International Convention for the Protection of Human Life at Sea (as a whole annex), made in London on 1 November 1974;
Vu le Decree No. 81-474 of 7 May 1981 publishing the 1978 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, done in London on 17 February 1978;
Vu le Decree No. 95-1264 of 27 November 1995 Publication of the 1988 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, made in London on 11 November 1988, signed by France on 23 January 1990,
Decrete:

Article 1


Resolution MSC.325(90) on the adoption of amendments to the 1974 International Convention for the Protection of Human Life at Sea (a consolidated annex), adopted in London on 24 May 2012, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    RESOLUTION MSC.325(90)
    RELATIVE À L'ADOPTION D'AMENDEMENTS À LA CONVENTION INTERNATIONALE DE 1974 POUR LA SAUVEGARDE DE LA VIE HUMAINE EN MER (ENSEMBLE ANNEX), ADOPTÉE À LONDRES le 24 MAI 2012


    THE COMMITTEE ON MARITIME SECURITY,
    RECALLING Article 28 (b) of the Convention establishing the International Maritime Organization, which deals with the functions of the Committee,
    REPLYING Article VIII (b) of the 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention) (hereinafter referred to as the "Convention"), which deals with the procedure for amending the Annex to the Convention, excluding Chapter I,
    EXAMINated YANT, at its ninetieth session, the amendments to the Convention that had been proposed and circulated in accordance with Article VIII (b) (i) of the Convention,
    1. ADOPTE, in accordance with Article VIII (b) (iv) of the Convention, the amendments to the Convention annexed to the present resolution;
    2. DECIDE that, pursuant to Article VIII (b) (vi) (2) (b) of the Convention, these amendments will be deemed to have been accepted on 1 July 2013, unless, before that date, more than one third of the Contracting Governments to the Convention, or of the Contracting Governments whose merchant fleets total 50 per cent or more of the gross tonnage of the world fleet of trade ships, have not notified that they raise such amendments;
    3. REQUESTS the Contracting Governments to the SOLAS Convention to note that, in accordance with Article VIII (b) (vii)(2) of the Convention, these amendments will enter into force on 1 January 2014, when they have been accepted under the conditions specified in paragraph 2 above;
    4. Requests the Secretary-General to transmit, in accordance with Article VIII (b) (v) of the Convention, certified copies of this resolution and the text of the amendments annexed to it to all Contracting Governments to the Convention;
    5. IMPLEMENTATION OF THE Secretary-General to transmit copies of this resolution and its annex to the Members of the Organization who are not Contracting Governments to the Convention.


    Annex
    AMENDMENTS TO THE 1974 INTERNATIONAL CONVENTION FOR THE SAUVEGARD OF THE VIE HUMAINE IN MER, TELLE QUE MODIFIED

    • Chapter II: -1 CONSTRUCTION - STRUCTURE, COMPARTMENT AND STABILITY, MACHINES AND ELECTRIC INSTALLATIONS
      • PART B-1 Stability


        Rule 8.1 - Capacity of passenger vessel systems after an invasion
        1 The text of Rule II-1/8-1 is replaced by the following:
        "Rule 8-1 - Capabilities of passenger vessel systems after an intrusion and information on after-invasion operation
        1 Implementation
        Passenger vessels of a length, as defined in Rule II-1/2.5, equal to or greater than 120 m or having three or more principal vertical slices, shall comply with the provisions of this Rule.
        2 Availability of essential systems in case of sinking
        A passenger vessel built on or after July 1, 2010 must be designed in such a way that your systems referred to in Rule II-2/21.4 remain operational in the event of the invasion of any of its water-tight compartments.
        3 Information regarding after-invasion operation
        In order to provide the master with the necessary operational information for the safe return to port after an invasion, passenger vessels built on or after January 1, 2014 must have:
        .1 a edge stability calculator; or
        .2 ground support,
        taking into account the guidelines developed by the Organization. »

    • Chapter III: ENGINS AND SAUVETATION
      • PART B Requirements for vessels and life-saving equipment


        Rule 20 - Operational Availability, Maintenance and Inspection
        2 In paragraph 11.2, the following new paragraph .4 is added after the paragraph:
        "4 Notwithstanding the provisions of paragraph .3 above, in the course of operation, it is necessary to put on the test devices for the laying of lifeboats with free fall or by placing the boat with water in a free fall with, on board, only the crew member responsible for the operation of the vessel, or by performing a simulation of the watering by taking into account the directives. »

    • Chapter V: SAFETY


      Rule 14 - Number of ships
      3 The text of paragraph 2 is replaced by the following:
      "2 For any vessel to which Chapter I applies, the Authority shall:
      .1 Determine the minimum appropriate security staffing in a transparent procedure that takes into account the relevant guiding principles adopted by the Organization; and
      2. To issue an appropriate document specifying the minimum security personnel or equivalent document indicating that the vessel has on board the minimum security personnel deemed necessary to meet the requirements of paragraph 1. »

    • Chapter VI: CARGORY TRANSPORT
      • PART A General provisions


        4 After Rule 5-1, insert a new Rule 5-2, as follows:
        "Rule 5-2 - Mixture of liquid bulk cargo and manufacturing processes prohibited during sea trips
        1 It is forbidden to physically mix liquid bulk cargo during sea trips. The physical mixture refers to the process of using cargo pumps and cargo piping to circulate two different or more cargo inside the vessel for the purpose of obtaining a cargo designated by another product name. This prohibition does not prevent the master from transferring cargo to ensure the safety of the vessel or to protect the marine environment.
        2 The prohibition set out in subsection 1 does not apply to product mixing operations to be used as part of the research and operation of marine subsoil mineral resources that are carried out on board vessels to facilitate such operations.
        3 Any manufacturing process is prohibited on board vessels during sea trips. A manufacturing process is any deliberate operation that results in a chemical reaction between a ship's cargo and another substance or cargo.
        4 The prohibition set out in paragraph 3 does not apply to the production of products intended for use in the research and operation of marine subsoil mineral resources that are carried out on ships to facilitate such operations. »

    • Chapter VII: TRANSPORT OF DANGEROUS GOODS
      • PART A Transport of Dangerous Goods in Packages


        Rule 4 - Documents
        5 The text of this rule is replaced by the following:
        « 1 Information relating to the carriage of dangerous goods in packages and the container/vehicle stamping certificate shall be in accordance with the relevant provisions of the IMDG Code and shall be made available to the person or body designated by the authority of the port State.
        2 Each ship carrying dangerous goods in a package must have a special list, a manifest or a layout plan that indicates, in accordance with the relevant provisions of the IMDG Code, the dangerous goods on board and their location on board. A copy of any of these documents must be submitted before departure to the person or body designated by the authority of the port State. »

    • Chapter XI: -1 SPECIAL MEASURES TO STRENGTHEN MARITIME SECURITY


      Rule 2 - Enhanced visits
      6 Replace the phrase "to the directives adopted by the Assembly of the Organization by resolution A.744 (18)" with the phrase "to the International Compendium on the Enhanced Inspection Program on the occasion of the Visits of the bulk carriers and oil tankers, 2011 (Revelation ESP of 2011), which the Assembly of the Organization adopted by resolution A.1049 (27)".


Done on August 19, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Effective January 1, 2014.
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