Resolutions and other decisions of the 22nd assembly

AGENDA OF THE TWENTY-SECOND SESSION OFTHE ASSEMBLY Opening of the session by the Representative of the delegation of the Republic of Finland 1 Adoption of the agenda 2 Election of the Pr

and other decisions of the 22nd Assembly

19 - 30 November 2001

Resolutions 902 - 935

by the INTERNATIONAL MARITIME ORGANIZATION

4 Albert Embankment, London SE1 7SR Printed by the International Maritime Organization, London

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Resolutions

A.902(22) Appointment of the Secretary-General 3

A.903 (22) Relations with non-governmental organizations 4

A.904(22) Arrears of contributions - working capital fund 7

A.905(22) Presentation of accounts and audit reports 9

A.906(22) Work programme and budget for the twenty-second financial period 10

2002-2003

A.907(22) Long-term work plan of the Organization (up to 2008) 22

A.908(22) Agreement with the Host State regarding the extension of privileges 30

and immunities to Permanent Representatives and Divisional Directors

Annex 1: Revised text of Annex XII to the Convention on 32the privileges and immunities of the specialized agencies

Annex 2: Exchange of notes between the Government of 33the United Kingdom of Great Britain and Northern Ireland

and the International Maritime Organization further amendingthe agreement regarding the headquarters of the Organizationsigned at London on 28 November 1968 (as amended)

Annex 3: Amendments to the procedure for the accreditation 35

to Permanent Missions of Member Governments

A.909(22) Policy making in IMO - setting the Organization's policies 36

A.911 (22) Uniform wording for referencing IMO instruments 40

Annex: Guidelines on methods for making reference to IMO 41and other instruments in IMO conventions and other mandatory

instruments

A.912(22) Self-assessmentof flag State performance 44

Annex 1: Guidance to assist flag States in the self-assessmentof 46their performance

Annex 2: Criteria and performance indicators for 52the self-assessmentof flag State performance

Contents - iii

A.913(22) Revised guidelines on implementation of the International Safety 54

Management (ISM) Code by Administrations

Annex: Revised guidelines on implementation of the International 55Safety Management (ISM) Code by Administrations

A.914(22) Measures to further strengthen flag State implementation 65

A.915(22) Revised maritime policy and requirements for a future global 66

navigation satellite system (GNSS)

Annex: Revised maritime policy and requirements for a future 66global navigation satellite system (GNSS)

A.916(22) Guidelines for the recording of events related to navigation 80

Annex: Guidelines for the recording of events related to navigation 80

A.917(22) Guidelines for the on board operational use of shipborne automatic 82

identification systems (AIS)

Annex: Guidelines for the on board operational use of shipborne 82automatic identification systems (AIS)

A.918(22) IMO Standard Marine Communication Phrases 93

Annex 7: IMO Standard Marine Communication Phrases 94

Annex 2: Procedure for amending the IMO Standard Marine 183Communication Phrases

A.919(22) Acceptance and implementation of the International Convention on 184

Maritime Search and Rescue, 1979, as amended

A.920(22) Review of safety measures and procedures for the treatment of 186

persons rescued at sea

A.921 (22) Assembly resolutions superseded by the 1995 amendments to the 188

1978 STCW Convention

A.922 (22) Code of practice for the investigation of the crimes of piracy and 189

armed robbery against ships

Annex: Code of practice for the investigation of the crimes of piracy 190and armed robbery against ships

A.923 (22) Measures to prevent the registration of "phantom" ships 196

A.924(22) Review of measures and procedures to prevent acts of terrorism which 198

threaten the security of passengers and crews and the safety of ships

A.925(22) Entry into force and implementation of the 1993 Torremolinos 200

Protocol and the 1995 STCW-F Convention

A.926(22) Availability and use of low-sulphur bunker fuel oils in SOx emission 202

control areas designated in accordance with regulation 14(3)

of Annex VI of MARPOL 73/78

iv - Contents

A.927(22) Guidelines for the designation of special areas under MARPOL 73/78 203

and Guidelines for the identification and designation of particularlysensitive sea areas

Annex 1: Guidelines for the designation of special areas under 204MARPOL 73/78

Annex 2: Guidelines for the identification and designation of 206particularly sensitive sea areas

A.928(22) Resolution on early and effective application of the International 219

Convention on the Control of Harmful Anti-fouling Systems on Ships

A.929(22) Entry into force of Annex VI of MARPOL 73/78 220

A.930(22) Guidelines on provision of financial security in case of abandonment of 222

seafarers

Annex: Guidelines on provision of financial security in case of 224abandonment of seafarers

A.931 (22) Guidelines on shipowners' responsibilities in respect of contractual 227

claims for personal injury to or death of seafarers

Annex: Guidelines on shipowners' responsibilities in respect of 228contractual claims for personal injury to or death of seafarers

A.932(22) Implementation of the HNS Convention 231

A.933(22) Sustainable financial support for the World Maritime University 232

A.934(22) Sustainable financial support for the IMO International Maritime Law 234

Election of the President and Vice-Presidents

Adopted on 22 November 2001 238

Relations with intergovernmental organizations

Relations with non-governmental organizations

AGENDA OF THE TWENTY-SECOND SESSION OF

THE ASSEMBLY

Opening of the session by the Representative of the delegation of the Republic of Finland

1 Adoption of the agenda

2 Election of the President and the Vice-Presidents of the Assembly

3 Application of Article 56 of the IMO Convention - Report of the Council to the Assembly on anyrequests by Members for waiver

4 Establishment of committees of the Assembly:

(a) Establishment of the Credentials Committee

(b) Establishment of other committees, as necessary

5 Consideration of the reports of the committees of the Assembly:

(a) Report of the Credentials Committee

(b) Reports of other committees

6 Report on the status of the Convention and membership of the Organization

7 Report on the status of conventions and other multilateral instruments in respect of which theOrganization performs functions

8 Report of the Council to the Assembly on the work of the Organization since the twenty-first regularsession of the Assembly

9 Consideration of the reports and recommendations of the Maritime Safety Committee

10 Consideration of the reports and recommendations of the Legal Committee

11 Consideration of the reports and recommendations of the Marine Environment Protection Committee

12 Consideration of the reports and recommendations of the Technical Co-operation Committee

13 Consideration of the report and recommendations of the Facilitation Committee

14 Consideration of proposed amendments to the International Regulations for Preventing Collisions atSea, 1972

15 Reports on diplomatic conferences:

(a) Report on the Conference on International Co-operation on Preparedness and Response toPollution Incidents by Hazardous and Noxious Substances

(b) Report on the International Conference on the Revision of the International Convention on theEstablishment of an International Fund for Compensation for Oil Pollution Damage, 1971(c) Report on the International Conference on Liability and Compensation for Bunker Oil PollutionDamage

(d) Report on the International Conference on the Control of Harmful Anti-fouling Systems for Ships

16 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972:report on the performance of Secretariat functions and other duties

1

17 Maritime training programmes:

(a) Report on the World Maritime University

(b) Report on the IMO International Maritime Academy

(c) Report on the IMO International Maritime Law Institute

(d) Development and implementation of model courses

(e) Other training activities

18 Privileges and immunities including proposed amendments to the Headquarters Agreement

19 Arrears of contributions - Working Capital Fund

20 Presentation of accounts and audit reports

21 Organizational review

22 Work programme and budget for the twenty-second financial period 2002-2003

23 Long-term work plan

24 Review of the Organization's financial framework in accordance with Assembly resolution A.877(21)

25 Relations with the United Nations and the specialized agencies

26 Joint Inspection Unit

27 Relations with intergovernmental organizations

28 Relations with non-governmental organizations:

(a) Applications for consultative status

(b) Review of non-governmental organizations in consultative status

(c) Review of the Guidelines on the grant of consultative status

29 Election of Members of the Council, as provided in Articles 16 and 17 of the IMO Convention

30 Election of Members of the IMO Staff Pension Committee

31 Approval of the appointment of the Secretary-General

32 Report on World Maritime Days, 2000 and 2001

33 International Maritime Prize

34 Memorial to Seafarers

35 Date and place of the twenty-third regular session of the Assembly

36 Supplementary agenda items, if any

ApPROVES,in accordance with Article 22 of the IMO Convention, the renewal of Mr William AndrewO'Neil's appointment as Secretary-General of the International Maritime Organization for a final term oftwo years, for the period 1 January 2002 to 31 December 2003.

Resolution A.902(n) - 3

to approval by the Assembly,

RECALLINGFURTHERthat rule 10 of the same Rules provides for periodic review by the Council of the list ofnon-governmental international organizations in consultative status with IMO and for a report to besubmitted to the Assembly on the continuation of such status,

NOTING the Guidelines on the Grant of Consultative Status established by the Council at its fortieth session,and noting further the decisions of the Council at its eighty-sixth session to amend the introduction in theGuidelines as well as rules 1 and 5 of the Rules Governing Relationship with Non-GovernmentalInternational Organizations in order to formalize the grant of provisional consultative status,

HAVING NOTEDthe decision of the Council at its eighty-sixth session to maintain consultative status with theorganizations enjoying that status with IMO, and in respect of those organizations which did not attend orsubmit documents to IMO meetings during the past biennium, to maintain the consultative status of theInternational Association of Producers of Insurance and Reinsurance (BIPAR) and the International MaritimeLecturers' Association (IMLA),

HAVING CONSIDEREDthe decisions of the Council to approve the grant of consultative status to theInternational Harbour Masters' Association (lHMA); the Vessel Operators Hazardous Materials Association(VOHMA); International Christian Maritime Association (lCMA); International Bulk Terminals Association(lBTA); The Royal Institute of Naval Architects (RINA),

NOTING the decision of the Council to convert the provisional status granted to the World NuclearTransport Institute (WNTI) to full consultative status, and to retain the provisional consultative status of theAssociation of European Shipbuilders and Shiprepairers (AWES), as well as that of the International ShipSuppliers Association (lSSA), which is encouraged by the Council to participate in the work of the LegalCommittee as well as the other Committees in which it has an interest,

RECALLINGthe concerns of the Council made at its eighty-sixth session that the ships of GreenpeaceInternational are believed to violate the International Regulations for Preventing Collisions at Sea and notingthe letter of 25 July 2001 from Greenpeace International, reaffirming and reinforcing the commitment itmade at the seventeenth session of the Assembly to comply with the International Regulations forPreventing Collisions at Sea, and noting the decision of the Council that the activities of GreenpeaceInternational be monitored at the next review under Rule 10 of the Rules Governing Relationship with Non-Governmental International Organizations,

WELCOMESthe action taken by the Council to remind all non-governmental organizations of the importance

of their complying with their undertakings to the Organization under rule 4 of the Rules GoverningRelationship with Non-Governmental International Organizations and noting the undertakings expressed byall the non-governmental organizations,

4 - Resolution A.903(22)

NOTING IN PARTICULARthat in accordance with previous decisions of the Council the attention oforganizations in consultative status should be drawn to their obligations to take all appropriate steps tocontribute to the work of IMO in their respective fields of work,

1 ApPROVESthe decision by the Council to amend the introduction to the Guidelines on the Grant ofConsultative Status and rules 1 and 5 of the Rules Governing Relationship with Non-GovernmentalInternational Organizations;

2 ApPROVESthe decision by the Council with regard to the grant of consultative status to theInternational Harbour Masters' Association (IHMA), the Vessel Operators Hazardous Materials Association(VOHMA); the International Christian Maritime Association (ICMA); the International Bulk TerminalsAssociation (IBTA); and the Royal Institute of Naval Architects (RINA); and further approves the decision bythe Council to convert the status of the World Nuclear Transport Institute (WNTI) into full status;

3 ENDORSESthe decision of the Council regarding the enjoyment of consultative status by the followingorganizations: -

Date consultative status granted

1 International Chamber of Shipping (ICS) 1961

2 International Organization For Standardization (ISO) 1961

3 International Shipping Federation Ltd (lSF) 1961

4 International Electrotechnical Commission (lEe) 1961

5 International Union of Marine Insurance (lUMI) 1961

6 International Chamber of Commerce (ICe) 1961

7 International Confederation of Free Trade Unions (ICFTU) 1961

8 International Association of Marine Aids and Lighthouse Authorities (IALA) 1961

9 International Radio-Maritime Committee (ClRM) 1961

10 International Navigation Association (PlANe) 1967

11 Comite Maritime International (CMI) 1967

12 International Association of Ports and Harbors (IAPH) 1967

13 The Baltic and International Maritime Council (BIMCO) 1969

14 International Association of Classification Societies (lACS) 1969

15 International Cargo Handling Co-ordination Association (lCHCA) 1969

16 European Chemical Industry Council (CEFIe) 1971

17 Latin American Shipowners' Association (LASA) 1971

18 Oil Companies International Marine Forum (OClMF) 1971

19 International Maritime Pilots' Association (IMPA) 1973

20 Friends of The Earth International (FOEI) 1973

21 Institute of International Container Lessors (lICL) 1975

22 International Association of Drilling Contractors (lADe) 1975

23 International Association of Institutes of Navigation (lAIN) 1975

24 International Association of Producers of Insurance and Reinsurance (BIPAR) 1975

25 International Council of Marine Industry Associations (ICOMIA) 1975

26 International Federation of Shipmasters' Associations (IFSMA) 1975

27 International Life-Saving Appliances Manufacturers' Association (lLAMA) 1975

Resolution A.903(22) - 5

Date consultative status granted

29 International Association of Oil and Gas Producers (OGP)

(previously known as Oil Industry International Exploration

30 Association of European Shipbuilders and Shiprepairers (AWES)

31 International Association of Independent Tanker Owners (INTERTANKO) 1979

32 International Group of P and I Associations (P and I) 1979

33 The International Tanker Owners Pollution Federation Ltd (ITOPF) 1981

34 The World Conservation Union (IUCN) 1981

35 Advisory Committee on Protection of the Sea (ACOPS) 1983

36 Society of International Gas Tanker and Terminal Operators Limited

37 International Lifeboat Federation (llF) 1985

38 International Road Transport Union (IRU) 1987

39 International Ship Suppliers Association (lSSA)

40 Hazardous Materials Advisory Council (HMAC) 1989

41 International Bar Association (IBA) 1991

43 International Council of Cruise Lines (ICCl) 1993

44 International Association of Dry Cargo Shipowners (INTERCARGO) 1993

45 International Maritime lecturers Association (lMlA) 1993

47 Association of European Manufacturers of Internal Combustion Engines

48 International Petroleum Industry Environmental Conservation Association

49 The Institute of Marine Engineering, Science and Technology (IMAREST)

(previously known as the Institute ofMarine Engineers (/ME)) 1995

50 Iberoamerican Institute of Maritime law (IIDM) 1995

51 International Ship Managers' Association (ISMA) 1995

52 International Parcel Tankers Association (IPTA) 1997

53 International Sailing Federation (ISAF) 1999

54 The International Marine Contractors Association (IMCA) 1999

55 International Ocean Institute (101) 1999

56 World Nuclear Transport Institute (WNTI) 1999

6 - Resolution A.903(22)

RECALLINGALSO Article 56 of the Convention which states that any Member which fails to discharge itsfinancial obligation to the Organization within one year from the date on which it is due, shall have no vote

in the Assembly, the Council, the Maritime Safety Committee, the Legal Committee, the MarineEnvironment Protection Committee, the Technical Co-operation Committee or the Facilitation Committeeunless the Assembly, at its discretion, waives this provision,

RECALLINGALSO the provision of rule 56bis of the Rules of Procedure of the Assembly, under which anyMember wishing to request a waiver of the provision of Article 56 in respect of itself shall submit a writtenapplication to the Secretary-General giving reasons therefor, with a payment schedule indicating the time-scale over which arrears will be paid,

RECALLINGALSO the provision of rule 56ter of the Rules of Procedure of the Assembly which states that any

Member seeking election to the Council shall have discharged its financial obligations to the Organization

or shall have committed itself to a schedule submitted to the Secretary-General so to do,

RECALLING FURTHER regulation 5.4 of the Financial Regulations of the Organization, under whichcontributions are considered as due and payable in full within thirty days of receipt of the notice ofassessment issued by the Secretary-General or as of the first day of the calendar year to which they relate,whichever is the later,

WELCOMING the Secretary-General's continuous efforts to secure timely payment from Member States,

NOTING that it is in the interests of all Member States to expedite payment of contributions in order that theOrganization can focus on its primary aims of improving safety at sea and reducing marine pollution,

RECALLINGWITH CONCERNthat the level of arrears of contributions has caused serious difficulties in the past

In the financial management of the Organization and in the execution of its work programme,

WELCOMING the efforts which a number of countries have made to payoff their arrears and to settle thecurrent year's contribution,

CONSIDERINGthat the timely payment of contributions is essential to enable the Organization to maintain itswork programme,

1 INVITESthe attention of Member States to the provisions of resolution A.629(15)B under which acontributions incentive scheme is currently in operation to encourage early payment of contributions;

2 URGESMember States to make payment of any arrears at the earliest date;

3 ALSO URGESMember States to make payment of their contribution for the current year in accordancewith regulation 5.4 of the Financial Regulations;

Resolution A.904(22) - 7

4 REQUESTS all Members of the Council to set an example in this regard by the prompt payment of the

current year's contribution;

5 REQUESTS the Council to continue to treat the problem of arrears of contributions as a matter of highpriority;

6 FURTHER REQUESTS the Secretary-General to bring this resolution to the attention of all Member States,and to continue to take all possible steps to ensure prompt payment of each current year's contributionsand of arrears of contributions

8 - Resolution A.904(22)

NOTING the Secretary-General's presentation of the final accounts for the twentieth financial period

1998-1999,and the accounts of IMO's transactions for 1999as a participating and executing agency of UNDP,together with the External Auditor's report and opinions thereon,

NOTING FURTHERthe Secretary-General's presentation of the accounts for the first year of the twenty-firstfinancial period 2000-2001, and the accounts of IMO's transactions for 2000 as a participating andexecuting agency of UNDP, together with the External Auditor's reports and opinions thereon,

BEARINGIN MIND that the Council at its eighty-fourth session and twenty-first extraordinary session, on thebasis of the report of an Intersessional Working Group on Accounts and Audit established by the Council atits eighty-sixth session, approved these accounts and audit reports for transmission to the Assembly at itstwenty-second regular session,

1. ApPROVESthe accounts and the audit reports thereon for the twentieth financial period 1998- 1999

and for IMO's participation in UNDP in 1999;

2 ApPROVESthe accounts and the audit reports thereon for the first year of the twenty-first financialperiod 2000-2001 and for IMO's participation in UNDP in 2000.

Resolution A.905(n) - 9

RECALLINGFURTHERresolution A.726(17) by which the revised assessment formula for apportioning thecontributions of Member States to the Organization's budget and Amendments to the Rules of Procedure

of the Assembly concerning enforcement of the payment of contributions were approved,

NOTING the provision of article III of the Financial Regulations with regard to the preparation of theprogramme budget estimates,

1 ApPROVES the work programme submitted by the Secretary-General comprising twelve majorprogrammes which are divided into programmes and sub-programmes;

2 DECIDESthat:

(a) For the financial period 2002-2003 appropriations are here voted for the following purposes:

2002-2003 Major programmes

General operating expenses and Headquarters premises 7,513,600

Less: Direct costs recoverable from the Printing Fund (1,123,800)Indirect costs recoverable from the Printing Fund (499,000)Reimbursement of Technical Co-operation support costs (548,400)

10 - Resolution A.906(22)

(b) The appropriation voted in subparagraph (a) above shall be financed by contributions fromMember States after reduction for miscellaneous income (estimated at £400,000 for thebiennium) and for a transfer from the surplus in the Printing Fund of £800,000 during thebiennium;

(c) Transfers of uncommitted balances of appropriations to the same major programme of thebudget in the second calendar year other than those authorized by article IV of the FinancialRegulations, and transfer of appropriations between major programmes of the budget, shall only

be carried out with the prior concurrence of the Council; and

(d) In respect of each of the calendar years 2002 and 2003 covered by the financial period, theapproved meetings shall be as in appendix 1, the approved posts as in appendix 2, and theappropriations and assessments shall be those indicated under the relevant programme headings

3 AUTHORIZESthe Secretary-General to draw upon the Printing Fund, the Headquarters Capital Fund,the Technical Co-operation Fund and the Termination Benefit Fund, to finance the approved appropriations.Advances made from these Funds to finance budgetary appropriations during a financial period shall bereported to the Council immediately and reimbursed to each respective Fund as soon as and to the extentthat income is available for that purpose,

RECOGNIZING further the provision in regulation 3.8 of the Organization's Financial Regulations and Rulesconcerning supplementary estimates and the past practice of the Assembly in authorizing the Council toapprove any necessary recalculation of the appropriations for the second year of the biennium,

4 AUTHORIZESthe Council at its eighty-ninth session to review the 2003 programme budget provisionsand, if it decides it is necessary, to approve any appropriate recalculation of the 2003 appropriations andassessment figures in the light of the budgetary and exchange rate situation at that time;

5 INVITESthe attention of the Council to the above-mentioned provisions;

6 REQUEST-s-#Ie-uSecretary-General to ensure their application while endeavouring to effect themaximum economies in the budget;

7 REQUESTSthe Council to keep under review the Organization's financial framework during the

2002-2003 biennium and to report on the outcome to the twenty-third session of the Assembly

THE ASSEMBLY,

RECALLINGresolution A.363(IX) by which the Working Capital Fund was established in the amount of

$250,000 as of 1 January 1976 by means of advances assessed on Member States,

RECALLINGFURTHERresolution A.508(XII) authorizing the transfer to the Working Capital Fund of $400,000from the Printing Fund surplus, resolution A.552(13) authorizing the transfer to the Working Capital Fund of

$350,000 from the General Fund cash surplus, resolution A.633(15)B increasing the level of the WorkingCapital Fund to £1.25 million by a transfer from the Exchange Reserve Fund, and resolution A.837(19)increasing the level of the Working Capital Fund to £2 million in two stages by the transfer of £3 75,000 ineach year of the 1996-1997 biennium from the surpluses of the Printing Fund which arose at the end of

1995 and 1996,

Resolution A.906(22) - 11

NOTING that, after taking into account payments by new Members, the level of the Working Capital Fundpresently stands at £2,005,520,

1 DECIDESthat new Members shall be assessedfor their advances to the Working Capital Fund on thebasis only of the part assessed on Members as at 1 January 1976;

2 AUTHORIZESthe Secretary-General:

(a) To advance from the Working Capital Fund such sums as may be necessary to finance theappropriations for the years 2002 and 2003 pending receipt of contributions from Members;such amounts so advanced shall be reimbursed to the Working Capital Fund as soon ascontributions are available;

(b) To advance from the Working Capital Fund such sums as may be necessary to finance additionalexpenditure arising from movements in the rate of exchange during 2002-2003 from the rateadopted for calculation of the appropriation; sums so advanced to be returned to the WorkingCapital Fund as soon as possible and in a manner decided on by the Council;

(c) With the prior concurrence of the Council, to advance such sums as may be necessary to meetunforeseen or extraordinary expenses arising during the financial period 2002-2003, providedthat such expenses are of a clearly exceptional nature and shall relate specifically to theapproved work programme of the Organization and that the Council is assured that the relevantexpenditure cannot be met by appropriate transfer action within the total budget approved for acalendar year;

3 REQUESTSthe Secretary-General to report to the Council and the Assembly all advances made underthe present resolution, and the circumstances relating thereto, and to submit supplementary estimates forreimbursement to the Working Capital Fund of advances made therefrom to meet unforeseen orextraordinary expenses

THE ASSEMBLY,

RECALLINGthat, in accordance with resolution A.1 OO(IV),the disposal of any amount standing to the credit

of the Printing Fund at the end of the financial period shall be decided by the Assembly,

RECALLINGALSO resolution A.307(VIII) of 17 December 1973, concerning the charging of expenditure tothe Printing Fund,

RECALLINGALSO resolution A.873(20) of 27 November 1997 by which the Assembly authorized theSecretary-General to transfer, at the beginning of each year from 1 January 2000, all surplus funds from thePrinting Fund to the Technical Co-operation Fund, unless otherwise decided by the Assembly,

RECALLINGALSO resolution A.877(21) of 25 November 1999 by which the Assembly authorized theSecretary-General to charge the attributable indirect costs associated with the printing of the Organization'spublications, with effect from the twenty-second financial period, to the Printing Fund and displayed on thePrinting Fund accounts;

1 ApPROVESthat the amount standing to the credit of the Printing Fund at the end of the financial period2000-2001 shall be carried forward to the Printing Fund for the financial period 2002-2003;

2 DECIDESthat the interest earnings accruing in the Printing Fund shall continue to be credited to thePrinting Fund;

3 DECIDESthat the direct costs associated with the Organization's printing and publishing activitiesfunded wholly by the regular budget be reimbursed from the Printing Fund on a phased basis: 60% of thedirect costs of the Publishing Service including relevant financial services would be recovered in 2002-2003and 100% of the direct costs shall be recovered in 2004-2005 These transfers shall be displayed on thePrinting Fund accounts In respect of each of the calendar years 2002 and 2003 covered by the financial

12 - Resolution A.906(22)

period, the approved appropriations voted to meet the Organization's printing and publishing activitiesfinanced from the Printing Fund shall be as in appendix 4;

4 AUTHORIZESthe Secretary-General to make the transfer noted in paragraph 2(b) of Part A of thisresolution and additionally;

(a) To transfer at 1 january 2002, £1,750,000 from the balance of the 2001 Printing Fund surplus tothe Technical Co-operation Fund, as noted in paragraph 1(a) of Part E of this resolution;

(b) To transfer at 1 january 2002 an additional amount of £500,000 of the balance of the PrintingFund surplus at 31 December 2001 to the Technical Co-operation Fund as noted in paragraph1(b) of Part E of this resolution with the purpose of assisting developing countries to strengthentheir capacity to review and respond to the risks of terrorism in the maritime sector and to helpgive effect to Assembly resolution A924(22) on Review of measures and procedures to preventacts of terrorism which threaten the security of passengers and crews and the safety of ships;

(c) To transfer at 1 january 2002 an additional amount of £2,800,000 being equivalent to 40% ofthe balance of the Printing Fund surplus at 31 December 2001 to the Technical Co-operationFund, as noted in paragraph 1(c) of Part E of this resolution;

(d) To transfer £200,000 from the surplus of the Printing Fund at 1 january 2002 to establish a newTraining and Development Fund, as noted in paragraph 2 of Part G of this resolution;

(e) To transfer at 1 january 2002 an additional amount of £700,000 being equivalent to 10% of thebalance of the Printing Fund surplus at 31 December 2001 to the Headquarters Capital Fund, asnoted in paragraph 1(b) of Part D of this resolution;

(f) To transfer at 1 january 2003, £1,750,000 from the balance of the 2002 Printing Fund surplus tothe Technical Co-operation Fund, as noted in paragraph 1(d) of Part E of this resolution; and

(g) To transfer at 1 january 2003 an additional amount of £500,000 of the balance of the PrintingFund surplus at 31 December 2002 to the Technical Co-operation Fund as noted in paragraph1(e) of Part E of this resolution with the purpose described at subparagraph (b) above

THE ASSEMBLY,

RECALLINGthat the Assembly decided at its eighteenth regular session, in resolution A778(18), on theestablishment of the Headquarters Capital Fund by transferring the balance held in the HeadquartersInstallation Fund and by transfers from the Printing Fund of £500,000 in 1994 and £250,000 in 1995,

RECALLINGALSOthat:

(a) a Headquarters Capital Fund was established effective 1 january 1994 Its primary purposes shall

be to meet the capital expenditure necessary for the efficient operation of the Organization, andfor fulfilling the Organization's liabilities under the terms of the Lease for the Headquartersbuilding between the Organization and the United Kingdom Government The scope of theFund may also include:

(i) expenditure on repairs to or replacement of apparatus and machinery for the Headquartersbuilding (other than regular, planned maintenance costs);

(ii) purchase and installation of: office automation equipment, office furniture and equipment;telecommunications equipment; document production machinery;

(iii) official vehicles;

(iv) other items of capital equipment which relate to the primary purposes of the Fund; and

(v) expenditure on the design, installation and implementation, including training, of officeautomation systems

Resolution A906(22) - 13

RECALLINGALSOthat the Assembly decided that the Fund shall be replenished from time to time by suchtransfers from other funds of the Organization as may be approved by the Assembly or by the transfer offunds from the Organization's regular budget as may be approved by the Assembly,

NOTING that the Fund has enabled the Secretary-General to plan for and implement major capitalprogrammes since 1994 notably in the field of office automation and communications which improve theOrganization's efficiency and effectiveness,

NOTINGALSOthat the capital expenditure programme for the next biennium indicates that fresh transfers offunds are required to rebuild the base of the Fund,

(c) To transfer £500,000 from the surplus of the General Fund at 1 january 2003 to theHeadquarters Capital Fund

2 AUTHORIZESthe Secretary-General to draw up to £200,000 from the Headquarters Capital Fund tofinance the cost of software development during the 2002-2003 biennium;

3 ApPROVESthat the income arising from investments of the Headquarters Capital Fund shall continue to

be credited to the Headquarters Capital Fund

THE ASSEMBLY,

RECALLINGresolution A.593(14) of 20 November 1985 by which the Technical Co-operation Fund wasestablished, and which resolved that the interest shall be used to assist the Technical Co-operationProgramme of the Organization in accordance with the proposals approved by the Assembly,

RECALLINGFURTHERresolution A.837(19) of 23 November 1995 by which the funds from the TechnicalCo-operation Fund were drawn down and converted into pounds sterling for application to technicalco-operation activities, and which further enables the level of the funds to be increased by donorcontributions and by transfer from other funds of the Organization as may be approved by the Assembly,

RECALLINGALSO resolution A.873(20) of 27 November 1997 by which the Assembly authorized theSecretary-General to transfer, at the beginning of each year from 1 january 2000, all surplus funds from thePrinting Fund to the Technical Co-operation Fund, unless otherwise decided by the Assembly,

NOTING that the Assembly decided upon transfers from the General Fund of £500,000 in 1996 and

£500,000 in each year of 1998 and 1999 and from the Printing Fund of £2.3 million in 1996, £700,000 in

1997 and £500,000 in each year of 1998 and 1999 to the Technical Co-operation Fund to carry out itstechnical co-operation activities,

NOTING with concern the continued decline of the extra-budgetary funds donated to the Organization fortechnical assistance and the very low level of funds available to finance the Integrated TechnicalCo-operation Programme of the Organization,

RECOGNIZINGthe need to finance a core programme of technical co-operation, which will assistdevelopingcountries in the implementation of the Organization's conventions and instruments,

14 - Resolution A 906(22)

(c) To transfer at 1 January 2002 an additional amount of £2,800,000 being equivalent to 40% ofthe balance of the Printing Fund surplus at 31 December 2001 to the Technical Co-operationFund;

(d) To transfer £1,750,000 from the surplus of the Printing Fund at 1 January 2003 to the TechnicalCo-operation Fund; and

(e) To transfer at 1 January 2003 an additional amount of £500,000 of the balance of the PrintingFund surplus at 31 December 2002 to the Technical Co-operation Fund with the purposedescribed at subparagraph (b) above

2 ApPROVESthat the income arising from investments of the Technical Co-operation Fund shall continue

to be credited to the Technical Co-operation Fund;

3 REQUESTSthe Secretary-General to submit programmes of technical co-operation activities indicatingoutputs and end results from the use of the Fund's resources during the 2002-2003 biennium

THE ASSEMBLY,

NOTING the Organization's liability for termination indemnity and repatriation grants of approximately

£5.0 million as at 31 December 1999,

RECALLINGresolution A.837(19) by which the Termination Benefit Fund was established by an initial transfer

of £900,000 from the cash surplus of the General Fund as at 1 January 1996 to meet the costs associatedwith payment of termination benefit to the staff of the Organization,

RECALLINGALSOthat the Assembly decided that the Fund shall be replenished from time to time by suchtransfers from other funds of the Organization as may be approved by the Assembly and by the transfer offunds from the Organization's regular budget as may be approved by the Assembly and that the Fund shall

be administered in accordance with the Financial Regulations and Rules of the Organization,

NOTING that the Assembly decided upon the transfer from the General Fund of £250,000 in each year of

1998 and 1999 to meet the costs associated with termination benefit payments to the staff of theOrganization,

NOTING ALSO that, after taking into account payments to former staff members in connection withseparation from service, the level of the Termination Benefit Fund presently stands at £1.2 million,

3 DECIDESthat the scope of the Fund be widened to allow the financing of the additional costs oftemporary assistance required to replace staff on long-term sick leave.

THE ASSEMBLY,

RECALLINGthat the Assembly at its twenty-first regular session in November 1999 decided that theOrganizational Review of the Secretariat should be conducted during 2001 and approved the terms ofreference of the review, and the report of the review was considered by the Council at its eighty-sixthseSSIon,

RECALLINGalso that the Council at its eighty-sixth session decided to convene an Intersessional WorkingGroup open to participation by the whole Membership to discuss the report of the review and theSecretary-General's initial reactions to the recommendations,

NOTING that under the guidance of the Council, the organizational reforms which are being implementedwill generate further efficiency savings as well as improved service standards in the delivery of the workprogramme of the Organization,

1 DECIDESthat a new Fund should be established to finance organizational strengthening initiatives andthat the Fund be administered in accordance with the Financial Regulations and Rules of the Organization;

2 AUTHORIZESthe Secretary-General to make an initial transfer of £200,000 from the surplus of thePrinting Fund at 1 January 2002 to establish a Training and Development Fund;

3 RECOGNIZESthat the Fund shall be replenished from time to time by such transfers from other funds ofthe Organization as may be approved by the Assembly or by the transfer of funds from the Organization'sregular budget as may be approved by the Assembly;

4 ApPROVESthat the income arising from investments of the Training and Development Fund shall becredited to the Training and Development Fund

16 - Resolution A.906(22)

Resolution A.906(22) - 17

18 - Resolution A.906(22)

1 General policy and direction

.1 Governance (Council, Assembly) 92,000 242,300 334,300

.2 Office of the Secretary-General 391,100 398,900 790,000

2 Maritime Safety

.2 Training and Human Element Matters 403,100 423,400 826,500

.3 Stability, Load Lines and Fishing Vessels Safety 109,400 114,300 223,700

.4 Ship Design and Equipment 141,100 148,700 289,800

.6 Radio Communications and Search and Rescue 267,000 277,200 544,200

.7 Navigational Operations and Equipment 274,400 291,800 566,200

.9 Dry Cargoes and Containers 175,800 182,200 358,000 3,816,600

10 TC and Inst Develop - Implement of Safety Prog

(shown in Prog 7.5.1)

3 Marine Environment Protection

.2 Amendments to and Implementation of MARPOL 425,900 494,100 920,000

and Related Codes

.3 Marine Pollution Conference 79,300 82,700 162,000

.4 Pollution Preparedness and Response 299,200 304,300 603,500

(OPRC Convention and HNS Protocol)

.5 Management of Waste Disposal at Sea (London 161,500 167,700 329,200

Convention 1972 and the 1996 Protocol)

.8 TC and Inst Develop - Implement of Environ Prog

(shown in Prog 7.5.2)

4 Legal Affairs

.3 TC and Inst Devlop - Implement of Maritime

Legis! Prog (shown in Prog 7.5.3)

5 Facilitation of Maritime Traffic

.2 Amendments to and implementation of FAL 168,900 178,200 347,100 376,800.3 TC and Inst Devlop - Implement of FAL Prog

(shown in Prog 7.5.4)

6 Cross-Sectoral Activities

.2 Flag State Implementation 138,700 145,200 283,900

.8 Co-operation with the UN and other Int'I bodies 78,300 81,900 160,200

Resolution A 906(22) - 19

Programmes 2002 2003 Sub-total Total

£

7 TC and Institutional Development

.2 ITCP: Strategy development, programming 275,000 285,200 560,200

and financial planning

0.4 Facilitation of international maritime traffic 27,200 25,600 52,800

.6 ITCP monitoring and impact-assessment 175,800 182,100 357,900

8 Conference Services

.2 Conference Management and Sup'port Services 4,834,400 5,027,200 9,861,600 10,267,900

10 External Relations and Information Services

.2 Accreditation and Liaison Services 260,400 271,100 531,500

Total estimated direct costs 16,997,300 17,463,400 34,460,700

General Operating Expenses and Headquarters Premises 3,718,300 3,795,300 7,513,600

Total proposed appropriations 20,579,600 21,122,700 41,702,300

Less:

Direct and indirect costs recovered for printing activities (802,900) (819,900) (1,622,800)rom the Printing Fund

Reimbursement of Technical Co-operation support costs (274,200) (274,200) (548,400)

Net proposed appropriation 19,502,500 20,028,600 39,531,100

Appendix 4Printing and publication activity Estimated revenue and expenditure from 2000 to 2003

Revenue 4,440,729 4,732,000 5,050,000 4,821,000 Less: expenditure/transfers to other funds

Promotion of sales 91,698 91,900 94,700 97,500

Personnel

Financed directly by the Printing Fund 849,773 855,800 951,700 963,100Direct costs reimbursed to the regular budget - 555,500 568,300

Goods and services

Contracting out (external printing) 408,333 290,000 300,000 340,000

Indirect costs reimbursed to the regular budget - - 247,400 251,600

Total expenditure 2,052,009 1,908,800 2,951,600 3,014,100 Net trading income 2,388,720 2,823,200 2,098,400 1,806,900 Reserves and fund balances

Interest and miscellaneous income 283,290 200,000 200,000 200,000

Net income 2,672,010 3,023,200 2,298,400 2,006,900

Accumulated surplus bought forward 4,660,244 5,632,254 6,955,454 2,903,854

Total surplus 7,332,254 8,655,454 9,253,854 4,910,754 Transfers

Technical Co-operation Fund 1,500,000 1,500,000 1,750,000 1,750,000

Additional transfers towards the TC Fund

40% of the PF estimated surplus 31/12/2001 2,800,000

Additional transfers proposed by the Secretary-General - 500,000 500,000

Additional transfers towards the HQs Capital Fund

-Reserves and fund balances (net) 5,632,254 6,955,454 2,903,854 2,260,754

Resolution A.906(22) - 21

HAVING CONSIDEREDthe proposal of the Council for the long-term work plan which has been prepared inthe light of the views of the Maritime Safety Committee, the Legal Committee, the Marine EnvironmentProtection Committee, the Technical Co-operation Committee and the Facilitation Committee,

1 ApPROVESthe long-term work plan comprising an indicative list of subjects for consideration by theOrganization for the period up to 2008 as set out in the annex to the present resolution;

2 REQUESTSthe Council, the Maritime Safety Committee, the Legal Committee, the Marine EnvironmentProtection Committee, the Technical Co-operation Committee and the Facilitation Committee to keep therespective lists of subjects under review in the light of developments in the work of the Organization, whilecontinuing to bear in mind the directives contained in resolution A.500(XII), resolution A.777(18) andresolution A.900(21) and to report or recommend, as necessary, to the Assembly at its twenty-third regularsession;

3 FURTHERREQUESTSall Committees, when considering proposals for future work, to ensure that thesubjects proposed are those on which significant work could reasonably be envisaged in the foreseeablefuture;

4 STRESSESthat all proposed items, and especially those involving amendments to existing conventions,particularly those which have been in force for a short period, should be evaluated by reference to thedirectives in resolution A.500(XII), and that due attention should be given to the requirement that a well-documented "compelling need" must be demonstrated for new or revised standards,

5 REITERATESITSREQUESTto the Council, the Maritime Safety Committee, the Legal Committee, theMarine Environment Protection Committee, the Technical Co-operation Committee and the FacilitationCommittee, when reviewing the long-term work plan and in making recommendations for the workprogramme for subsequent periods, to bear in mind the desirability of scheduling not more than oneconference in each year, save in exceptional circumstances

22 - Resolution A.907(22)

The following is an indicative list of subjects for consideration by the Maritime Safety Committee, the LegalCommittee, the Marine Environment Protection Committee, the Technical Co-operation Committee andthe Facilitation Committee for the period up to 2008 This list is not exhaustive and the subjects are notlisted in order of priority:

MARITIME SAFETY COMMITTEE

The items listed below marked with an asterisk are considered to be high priority items Work on the otheritems will be initiated accordingly only after proposals substantiating their importance and urgency havebeen submitted and endorsed by the Committee or a compelling need to do so has been clearly establishedand the Committee has agreed that urgent action should be taken on them

1 Pursuant to the provisions of Articles 1 and 28 of the Convention on the International MaritimeOrganization, to encourage the general adoption of the highest practicable standards in respect ofmatters concerning maritime safety and efficiency of navigation, including any matter within thescope of the Organization, relating to the design, construction and equipment of ships (and othermarine vehicles), training and qualification of seafarers and fishing vessel personnel, manning of shipsfrom a safety standpoint, rules for the prevention of collisions, search and rescue, aids to navigation,maritime safety procedures and requirements, hydrographic information, handling of dangerouscargoes, log-books and navigational records, marine casualty investigations, salvage and any othermatter directly affecting maritime safety (e.g fire safety, maritime communications and the safetransport of cargoes generally), and with due regard to the contents of resolutions A.500(XII),A.777(18) and A.900(21)

2 To provide the necessary machinery for performing any duties assigned to it and to maintain suchclose relationship with other bodies as may further the purposes of the Organization

II General subjects

* 1 Implementation, enforcement, monitoring, technical interpretation and improvement of

conven-tions, codes, recommendations and guidelines

*2 Role of the human element in the prevention of maritime casualties and accidents

* 3 Promotion and maintenance of a safety culture

* 4 Shipboard and shore-based management for the safe operation of ships

* 5 Formal safety assessment

6 Procedures for the control of ships, including deficiency reports

* 7 Casualty statistics and investigations into serious casualties

8 Harmonization of survey and certification requirements

9 Prevention/suppression of piracy and armed robbery against ships; and other unlawful acts whichmay threaten the safety of navigation

* 10 Prevention/suppression of acts of terrorism against shipping

* 11 Safety measures and procedures for the treatment of persons at sea

* 12 Co-operation with the United Nations and other international bodies on matters of mutual interest

13 Technical input in technical co-operation projects

Resolution A.907(22) - 23

III Specific subjects

Items related to ships' design, construction, machinery, electrical installations and equipment

1 Safety aspects of the design, construction, machinery, electrical installations, equipment andoperation of specific types of ships, including fishing vessels

2 Intact and damage stability, subdivision and load lines of ships

3 Manoeuvrability of ships

4 Matters pertaining to fire protection, detection and extinction, fire-test procedures and other mattersrelated to fire safety on board ships

5 Safe evacuation, survival and recovery following maritime casualties or in case of distress

6 Tonnage measurement of ships

Items related to navigation and radiocommunications

7 Measures to improve navigational safety, including ships' routeing, requirements and standards fornavigational aids, shipborne navigational systems and requirements, ship reporting systems andvessel traffic services

8 Monitoring the operation of the global maritime distress and safety system and other maritimeradiocommunication matters (including maritime safety information, shipborne radio equipment andoperational procedures) and the world-wide provision of maritime search and rescue services

Items related to training, certification and watchkeeping

9 Training, watch keeping and operational procedures for mantlme personnel, including seafarers,fishing vessel personnel, maritime pilots, VTS operators, those responsible for maritime safety onmobile offshore units and shore-based port personnel

10 Seafarers' certificates of competency

Items related to cargo handling

11 Safe handling and carriage by sea of solid and liquid bulk cargoes

12 Safe handling and carriage of dangerous goods in packaged form, including portable tanks, unitloads, other cargo transport units, shipborne barges and intermediate bulk containers (lBCs)

13 Emergency procedures and safety measures for ships carrying dangerous goods, medical first aid incase of accidents involving dangerous goods, and the safe use of pesticides in ships

14 Safe cargo stowage and securing and container safety matters

15 Safety at the ship/port interface

16 Transboundary movement of hazardous waste

LEGAL COMMllTEE

1 Completion of preparatory work on a convention on wreck removal;

2 Monitoring the work of the Joint IMO/ILO Ad Hoc Expert Working Group on Liability andCompensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers;

24 - Resolution A.907(22)

3 Revision of the Convention for the Suppression of Unlawful Acts against the Safety of MaritimeNavigation, 1988 and the Protocol for the Suppression of Unlawful Acts against the Safety of FixedPlatforms located on the Continental Shelf, 1988 (SUA Convention and Protocol);

4 Follow-up action regarding the question of places of refuge;

5 Possible comprehensive revision of the Civil Liability and Fund Conventions on liability andcompensation for oil pollution damage; and

6 Monitoring the implementation of the HNS Convention

4 Promotion of IMO's technical co-operation subprogramme in the field of maritime legislation;

5 Legal issues arising in other IMO bodies and referred to the Legal Committee;

6 Co-ordination and co-operation with the UN and other UN specialized agencies in legal matters ofcommon interest; and

7 Examination of maritime law initiatives undertaken by Member States or non-governmental bodies

1 Pursuant to the provisions of Articles 1 and 38 of the Convention on the International MaritimeOrganization, to encourage adoption of the highest practicable standards in matters concerning theprevention and control of marine pollution from ships with due regard to the context of resolutionsA.500(XII), A.777(18) and A.900(21) More immediately to promote world-wide acceptance,implementation and uniform interpretation of the International Convention for the Prevention ofPollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)

as well as the International Convention for Oil Pollution Preparedness, Response and Co-operation,

1990 (OPRC 1990) and the Protocol on Preparedness, Response and Co-operation to PollutionIncidents by Hazardous and Noxious Substances (OPRC-HNS Protocol)

2 To adhere to the principles and declaration adopted by UNCED in the field of marine environmentprotection and response to pollution incidents, including the principle of precautionary approach

3 To provide the necessary machinery for performing any duties assigned to it and to maintain suchclose relationship with other bodies as may further the purposes of the Organization

4 To promote, in co-operation with UNDP, UNEP, the World Bank, in particular the GlobalEnvironment Facility (GEF) and national development agencies, IMO's programmes of technical co-operation in the field of marine environmental protection, including the management and execution

of large-scale projects

Resolution A.907(22) - 25

" Specific subjects

1 Implementation, enforcement, amendment and uniform interpretation of the provisions of MARPOL73/78 and related Codes, recommendations and guidelines, and monitoring of the effectivenesswith which the Convention is implemented

2 Reports regarding casualty investigations by Member States in relation to marine pollution incidents

3 Reports by Parties regarding implementation of MARPOL 73/78, which is mandatory under theConvention (MEPC/Circ.318)

4 Follow-up action to UNCED and the World Summit on Sustainable Development and Environment,including prevention of marine pollution from offshore oil and gas activities

5 Review of the standards for the design, construction and operation of oil and chemical tankers,including those for pollution-prevention equipment taking into account recommendations resultingfrom recent accidents

6 Prevention of air pollution from ships, including measures to promote the entry into force andimplementation of MARPOL Annex VI

7 Evaluation of chemicals under the provisions of Annex II to MARPOL 73/78 as contained in the IBCCode

8 Implementation of the Harmonized System of Survey and Certification under MARPOL 73/78 andimplementation of the Condition Assessment Scheme (CAS)

9 Identification and protection of special areas and particularly sensitive sea areas (PSSAs)

10 Implementation of the ISM Code with regard to effective management for the prevention andcontrol of marine pollution

11 Implementation of the INF Code and related matters, including environmental impact assessment

12 Consideration of measures to minimize the risks of introducing harmful aquatic organisms andpathogens through discharges from ships' ballast water and associated sediments

13 Matters relating to harmful anti-fouling systems

14 Matters relating to reception facilities in ports

15 Development of Formal Safety Assessment (FSA) procedures as well as addressing environmentalindexing of ships

16 Development of measures to prevent and control marine pollution from small craft

17 Development of measures for the prevention of marine pollution by noxious solid substances carried

in bulk

18 Development of measures to prevent and control marine pollution from ship recycling and measures

to reduce human health hazards, in co-operation with UNEP, ILO and other stakeholders

19 Implementation, enforcement, amendment and uniform interpretation of the provisions of theOPRC Convention and the OPRC-HNS Protocol, and implementation of the relevant Conferenceresolutions

20 Matters related to the 1973 Intervention Protocol

21 Principles for ports of refuge or shelter for ships in distress

22 Co-operation with the United Nations and other international bodies on matters of mutual interest

23 Review of the Sub-Committees' structure with a view to increase the efficiency and effectiveness ofthe Committee and the Sub-Committees

26 - Resolution A.907(22)

24 Development of an environmental strategy integrated with the overall safety strategy of theOrganization.

25 Review of the Committee's guidelines

I Long-term goal, mission statement and priorities for the future

1 Through the adoption of resolution A.900(21) on the "Objectives of the Organization in the 2000s",the Assembly directed the Organization's organs to focus their attention on, among other subjects,strengthening IMO's technical co-operation programmes and delivery, in order to achievesustainable development and the effective implementation of the Integrated Technical Co-operationProgramme (ITCP)

2 In conjunction with the above resolution, the Assembly also approved resolution A.901 (21) on

"IMO and Technical Co-operation in the 2000s", which states that the long term goal of IMO'stechnical co-operation work is:

"maritime capacity-building, as a major contributor towards ensuring safer shipping and cleaner oceans "

3 The Assembly also decided that IMO's mission statement, in relation to technical co-operation in the2000s, would be:

"to help developing countries improve their ability to comply with international rules and standards relatingto maritime safety and the prevention and control of marine pollution, giving priority to technical assistance programmes that focus on human resource developmen~ particularly through training, and institutional capacity-building."

4 The Assembly decided further that the ITCP should focus on the three priorities illustrated in thetable below since, together, they can ensure sustainable maritime development, efficient and safemaritime transport services, as well as effective environmental protection:

Priorities for the future of IMO's Technical Co-operation Programme

Advocacy of global maritime rules International treaty instruments ratified, and implementingand standards national legislation put in place

Institutional capacity-building Public sector departments capable of ensuring the effective

exercise of flag, port and coastal State jurisdictionHuman resource development Trained male and female experts to develop and manage

national programmes for:

- maritime safety administration

- marine environment protection

- development of maritime legislation

- facilitation of maritime traffic

- technical port operations

- training of seafarers and shore-based personnel

II Specific subjects

5 Pursuant to the provisions of the IMO Convention, the Technical Co-operation Committee: (a)establishes guidelines for the development and implementation of the ITCP; (b) considers andprioritizes technical co-operation programmes and projects for the implementation of activities forwhich IMO acts as the executing or co-operating agency; and (c) considers any other mattersrelating to IMO's functions in the technical co-operation field, including the mobilization of

Resolution A.907(22) - 27

resources and the allocation of such funds of the Organization as may be approved by the Assemblyfor technical co-operation purposes.

6 To ensure the continuous and successful development of the ITCP, the Technical Co-operationCommittee will monitor and, as appropriate, develop directives and guidance for:

.1 the Organization's technical co-operation policies and strategies, in the light of:

- developments in the regulatory framework of the Organization;

- impact assessmentsof activities carried out previously;

- general socio-economic development trends;

- guidelines established through the UN General Assembly, the Economic and Social Council,the triennial reviews of the UN system's operational activities for development and theAgenda for Development; and

- relevant global or sectoral Conferences;

.2 the development of appropriate technical assistance programmes relating especially to flagState implementation, port State control and other priority subjects identified by the IMOorgans;

.3 the development of improved Member State and donor interface through the establishment offurther partnerships with donors and regional bodies involved in the delivery of capacity-building projects relevant to IMO's mandate, leading to improved co-ordination at the fieldlevel and more efficient use of development aid resources;

.4 the Organization's structural requirements for the effective delivery of the ITCP, includingarrangements at Headquarters and in the developing regions;

.5 the mobilization and allocation of financial or in-kind resources for the ITCP, including thepromotion of technical and economic co-operation among developing countries (TCDC andECDC);

.6 the follow-up to UNCED, Agenda 21 and other UN plans of action that have an impact onIMO's work, giving special regard to sustainable maritime development and its requiredfinancing, including the development of relevant programmes, extra-budgetary activities andfinancial mechanisms based on the internalization of costs;

.7 the further implementation of the IMO Action Programme for Equal Opportunities andAdvancement of Women in the Maritime Sector, taking into account resolutions TCl (39),TC2(40) and TC3(45) and the follow-up to Beijing + 5;

8 strengthening institutional development through support to global maritime training institutionsand to maritime training programmes within IMO's mandate;

.9 development of appropriate technical assistance programmes to take into account any newand amended regulatory requirements (e.g possible mandatory application of the IMDGCode); and

.10 the Committee's methods and organization of work, taking into account the directivescontained in resolutions A.555(XII), A.777(18) and A.900(21)

28 - Resolution A.907(22)

FACILITATION COMMITTEE

Subjects*

* 1 Implementation, interpretation and improvement of the Convention on Facilitation of International

Maritime Traffic (FAL), 1965, and its annex

*2 Facilitation activities within the remit of the Organization including:

.1 promotional activities carried out in co-operation with Member Governments, FAL Contracting

Governments and organizations concerned; and

.2 facilitation aspects of forms and certificates emanating from other activities of the Organization

* 3 Implementation of uniform electronic messagesfor the arrival, stay and clearance of ships, persons

and cargoes

4 Examination of elements of conventions, codes and recommendations of a facilitation natureelaborated by other organizations

* 5 Consideration and formulation of proposals for the general review of the FAL Convention or its

annex including harmonization with other relevant international instruments

6 Formalities connected with the arrival, stay and departure of ships, persons and cargo

7 Methods of handling cases involving inadequately documented passengers

8 Facilitation aspects of IMO's work on prevention and suppression of unlawful acts of piracy andarmed robbery against ships; and dealing with issues relating to trafficking or transport of migrants

*9 Facilitation aspects of IMO's work on prevention and suppression of acts of terrorism against

shipping

* 10 Facilitation issues and procedures for the treatment of persons rescued at sea

11 Facilitation aspects of measures to prevent and suppress illicit drug trafficking

* 12 Ship/port interface matters

* 13 Prevention and resolution of the stowaway issue

* The subjects marked with an asterisk are considered as high-priority subjects

Resolution A.907(22) - 29

Resolution A.908(22)

(Agenda item 18)

THE ASSEMBLY,

RECALLINGresolution A.1 0(1) of 16 January 1959 by which the Assembly accepted the standard clauses ofthe Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the GeneralAssembly of the United Nations on 21 November 1947, as modified by Annex XII applicable to theOrganization,

NOTING that the Council adopted a revised text of Annex XII by resolution C.37(XX) on 16 May 1968,

RECALLINGresolution A.505(XII) of 20 November 1981 by which the Assembly approved the terms of anExchange of Notes between the Government of the United Kingdom and the Organization to amend theAgreement between the International Maritime Organization (previously known as the Inter-GovernmentalMaritime Consultative Organization) and the Government of the United Kingdom of Great Britain andNorthern Ireland regarding the Headquarters of the Organization (later amended, * and referred tohereinafter as "the Headquarters Agreement") to make provision for the right of Member Governments toestablish permanent missions, and to determine the status, immunities, privileges and facilities to beaccorded to such permanent missions and their personnel, and also approved the Procedure ofAccreditation to IMO of Permanent Representatives and Members of the Permanent Missions of MemberGovernments,

RECALLINGALSOthe decision taken at its fourteenth session in November 1985 to establish an intersessionalWorking Group (subsequently called the Assembly Working Group on Privileges and Immunities, andhereinafter referred to as "the Working Group") with the mandate, inter alia,to "study all aspects of theOrganization's status, immunities, privileges and exemptions in the light of the changes in the Organizationsince the Headquarters Agreement was concluded",

NOTING that the Council has reported to the Assembly at successive sessions on the results of theendeavours of the Working Group and of the negotiations with the Government of the United Kingdom,and that at its twenty-first session in November 1999 the Assembly decided, inter alia,that the matter shouldremain on the agenda of the Council and the Assembly pending an amicable resolution of the issue,

NOTING FURTHERthat, during 2000, on the recommendation of the Working Group, the Council hadaccepted an offer of settlement of the matter by the Government of the United Kingdom,

HAVING CONSIDEREDthe draft Exchange of Notes providing for amendments to the HeadquartersAgreement, as well as draft amendments to Annex XII and the Procedure for Accreditation, which wereapproved by the Council at its eighty-sixth session in June 2001,

*TheHeadquartersAgreementoriginallyenteredinto forceon 28 November1968.It wasamendedby Exchangeof Notesof

28 October/1 November1971, 13/25 February1974 and 20 January1982 (SeeAssemblyresolutionA.505(XII)

30 - Resolution A.908(22)

1 NOTES that the Secretary of State for Foreign and Commonwealth Affairs in his letter dated

8 September 2000 on behalf of the Government of the United Kingdom has agreed to the extension of fullprivileges and immunities to Permanent Representatives to IMO and five IMO posts at Divisional Directorlevel;

2 ACCEPTSthe extension of full privileges and immunities to:

(a) the Permanent Representatives; and

(b) five IMO posts at Divisional Director level, i.e the Directors of the Administrative Division, theTechnical Co-operation Division, the Legal Affairs and External Relations Division, theConference Division and the Marine Environment Division which, if retitled, will continue to

be entitled to full privileges and immunities;

(c) the revised Procedure for the Accreditation to IMO of Permanent Representatives and Members

of the Permanent Missions of Member Governments, as set forth in annex 3;

4 NOTESthat procedures have been agreed between the Secretary-General and the Secretary of Statefor Foreign and Commonwealth Affairs relative to problems arising in respect of alleged abuse of privilegesand immunities by IMO officials and that finality has been reached in respect of the Agreement referred to

in paragraph 3(b) of this resolution;

5 FURTHERNOTESthat the Agreement shall enter into force on the date on which the United Kingdomlegislation giving effect to the amendment comes into force;

6 REQUESTSthe Secretary-General to transmit the revised text of Annex XII to the Convention on thePrivileges and Immunities of the Specialized Agencies to the Secretary-General of the United Nations inconformity with section 38 of Article X of the aforementioned Convention;

7 REQUESTSthe Secretary-General to communicate to the Member States of the Organization the date

of entry into force of the Agreement;

8 EXPRESSESits appreciation and thanks to the Government of the United Kingdom and to the Chairmenand members of the Assembly Working Group for the co-operative spirit in which they undertook thenegotiations on this important matter and brought it to a successful conclusion, and to the Secretary-General for the able assistance given to Governments, the Assembly and the Council

Resolution A.908(22) - 31

Annex 1

Annex XII

1 The privileges and immunities, exemptions and facilities referred to in Article VI, section 21 of thestandard clauses shall be accorded to the Secretary-General of the Organization, to the DeputySecretary-General, to the Secretary of the Maritime Safety Committee and to the Directors of theAdministrative Division, the Technical Co-operation Division, the Legal Affairs and External RelationsDivision, the Conference Division and the Marine Environment Division, provided that the provisions

of this paragraph shall not require the Member in whose territory the Organization has itsHeadquarters to apply Article VI, section 21 of the standard clauses to any person who is its national Ifthe Organization changes the titles of any of the Director posts at any time, the holders for the timebeing of such posts shall continue to be accorded the privileges and immunities, exemptions andfacilities referred to in this paragraph

2 (a) Experts (other than officials coming within the scope of Article VI) serving on committees of, or

performing missions for, the Organization shall be accorded the following privileges andimmunities so far as is necessary for the effective exercise of their functions, including time spent

on journeys in connection with service on such committees or missions:

(i) immunity from personal arrest or seizure of their personal baggage;

(ii) in respect to words spoken or written or acts done by them in the performance of theirofficial functions, immunity from legal process of every kind, such immunity to continuenotwithstanding that the persons concerned are no longer serving on committees of oremployed on missions for the Organization;

(iii) the same facilities in respect of currency and exchange restrictions and in respect of theirpersonal baggage as are accorded to officials of foreign Governments on temporary officialmissions;

(iv) inviolability for all papers and documents relating to the work on which they are engagedfor the Organization; and

(v) the right to use codes and to receive documents and correspondence by courier or insealed dispatch bags for their communications with the International Maritime Organiza-tion

In connection with section 2(a)(iv) and (v) above, the principle contained in the last sentence ofsection 12 of the standard clauses shall be applicable

(b) Privileges and immunities are granted to such experts in the interests of the Organization and notfor the personal benefit of the individuals themselves The Organization shall have the right andduty to waive the immunity of any expert in any case where, in its opinion, the immunity wouldimpede the course of justice and it can be waived without prejudice to the interests of theOrganization

32 - Resolution A.908(22)

Annex 2

DRAFT EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

AND THE INTERNATIONAL MARITIME ORGANIZATION FURTHER AMENDING THE AGREEMENT REGARDING THE HEADQUARTERS OF THE ORGANIZATION SIGNED AT LONDON ON 28 NOVEMBER 1968

(AS AMENDED)

The Secretary of State for Foreign and Commonwealth Affairs to

the Secretary-General of the International Maritime Organization

Foreign and Commonwealth Office

London SWI [Date]

Sir,

I have the honour to refer to the Agreement between the International Maritime Organization(previously known as the Inter-Governmental Maritime Consultative Organization) and the Government ofthe United Kingdom of Great Britain and Northern Ireland regarding the Headquarters of the Organization,signed at London on 28 November 1968 (as amended), (hereinafter referred to as "the HeadquartersAgreement") and to correspondence between ourselves regarding the extension of privileges andimmunities

I now have the honour to propose the following amendments to the Headquarters Agreement:

(1) Replace the words "citizens of the United Kingdom and Colonies" with the words "Britishcitizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals(Overseas)" in the following paragraphs:

(a) Article 10(1) (first paragraph), 10(2) and 10(3);

(3) In Article 9(3), insert "or the Directors of the Administrative Division, the Technical Co-operationDivision, the Legal Affairs and External Relations Division, the Conference Division and theMarine Environment Division" after the words "the Secretary of the Maritime SafetyCommittee" At the end of Article 9(3), add the words: "If the Organization changes the titles

of any of the aforementioned Director posts at any time, this paragraph shall continue to apply tothe holders for the time being of such posts."

(4) In the first and second sentences of Article 10(1), delete the word "and" after "Deputy General" and insert "and the Directors of the Administrative Division, the Technical Co-operation Division, the Legal Affairs and External Relations Division, the Conference Division andthe Marine Environment Division" after the words "the Secretary of the Maritime SafetyCommittee" At the end of Article 10(1), add the words: "If the Organization changes the titles

Secretary-of any Secretary-of the aforementioned Director posts at any time, this paragraph shall continue to apply tothe holders for the time being of such posts."

Resolution A.908(22) - 33

(5) In Article 12(1), delete the word "and" after "Deputy Secretary-General", and insert "and theDirectors of the Administrative Division, the Technical Co-operation Division, the Legal Affairsand External Relations Division, the Conference Division and the Marine Environment Division"after the words "the Secretary of the Maritime Safety Committee" At the end of Article 12(1),add the words: "If the Organization changes the titles of any of the aforementioned Directorposts at any time, this paragraph shall continue to apply to the holders for the time being of suchposts."

(6) In Article 13 bis (1), insert the words "or acting Permanent Representative" after the words "as

its Permanent Representative"

(7) Insert a new paragraph after Article 13 bis (2) as follows:

"(2A) In addition to the immunities and privileges specified in paragraphs (1) and (2) of this

article, the Permanent Representative and acting Permanent Representative shall enjoy,

in respect of themselves and members of their families forming part of their households,for the term of their business with the Organization, the privileges and immunities,exemptions and facilities accorded to diplomatic envoys, in accordance withinternational law."

(8) In Article 13 bis (4), insert the words "or an acting Permanent Representative" after the words

"a Permanent Representative"

(9) In the second sentence of Article 13 bis (5), replace the words "Paragraph (2)" with the words

"Paragraphs (2) and (2A)" and replace the words "paragraph (1)" with the words "paragraphs (1)and (2A)"

If the foregoing proposals are acceptable to the International Maritime Organization, I have the honour topropose that this Note, together with your reply in that sense, shall constitute an Agreement between theGovernment of the United Kingdom of Great Britain and Northern Ireland and the International MaritimeOrganization which shall enter into force on the date on which the United Kingdom legislation giving effect

to the amendment comes into force

(for the Secretary of State)

The Secretary-General of the International Maritime Organization to the Secretary ofState for Foreign and Commonwealth Affairs

London SWI [Oate]

I have the honour to refer to your Note of [date] which reads as follows:

[As in Note FCO Secretary-General]

I have the honour to inform you that the foregoing proposal is acceptable to the International MaritimeOrganization, which therefore agrees that the Note and the present reply shall constitute an Agreementbetween the Organization and your Government which shall enter into force on the date on which theUnited Kingdom legislation giving effect to the amendments comes into force

I have the honour to convey to you the assurances of my highest consideration

W.A O'NEIL

Secretary-General

International Maritime Organization

34 - Resolution A.908(n)