Decisión nº: 002277

In October 1985 the 1971 Fund Assembly decided to interpret Article 5.4 of the 1971 Fund Convention so as to allow amendments to instruments listed in Article 5.3 to be adopted by a tacit amendment procedure, provided that such amendments were of an important character for the purpose of the prevention of oil pollution. The Assembly also decided, in accordance with Article 5.4 of the 1971 Fund Convention, to replace the instrument in Article 5.3 (a) (i) with ‘the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and as amended by Resolution MEPC.14 (20) adopted by the Marine Environment Protection Committee of the International Maritime Organisation on 7 September 1984’. The Assembly further decided to replace the instrument in Article 5.3 (a) (ii) with ‘the International Convention for the Safety of Life at Sea, 1974, as modified by the Protocol of 1978 relating thereto and as amended by Resolution MSC.1 (XLV) adopted by the Maritime Safety Committee of the International Maritime Organization on 20 November 1981’. It was decided that these replacements should take effect on 1 August 1986 and 1 May 1986, respectively. The Assembly further decided not to include the 1981 amendments to COLREG 72, since it considered that they were not of major importance for the purpose of Article 5 of the 1971 Fund Convention. As regards the 1983 amendments to SOLAS 74, the Assembly agreed that their character justified their inclusion in the list in the above Article, but decided that it was premature to do so, since it was not possible to establish until January 1986 whether these amendments would enter into force.