
Article 1 

1. The position of the Union at the 28th IMO Assembly shall be to agree to the draft IMO Instruments Implementation Code, as approved by the IMO Maritime Safety Committee in its 91st session and as laid down in Annex 16 to IMO document MSC 91/22.
2. The position of the Union at the 28th IMO Assembly shall be to agree to the following:
(a) amendments to Regulation 3 of Chapter 1 of Annex I and the inclusion of a new Annex IV to the International Convention on Load Lines, 1966 with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by the IMO Maritime Safety Committee at its 91st session and as laid down in Annex 10 to IMO document MSC 91/22;
(b) amendments to Regulation 2 of Annex I and the inclusion of a new Annex III to the International Convention on Tonnage Measurement, 1969 with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by the IMO Maritime Safety Committee at its 91st session and as laid down in Annex 12 to IMO document MSC 91/22;
(c) amendments to the Convention on the International Regulations for Preventing Collisions at Sea, 1972, by including a new Part F with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by the IMO Maritime Safety Committee at its 91st session and as laid down in Annex 11 to IMO document MSC 91/22.
Article 2 

1. The position of the Union at the 65th session of the IMO Marine Environment Protection Committee shall be to agree to the draft IMO Code on Recognised Organisations, as approved by that committee at its 64th session and by the IMO Maritime Safety Committee at its 91st session and as laid down in Annex 19 to IMO document MSC 91/22.
2. The position of the Union at the 65th session of the IMO Marine Environment Protection Committee shall be to agree to the adoption of the amendments to Regulation 6 of Annex I and Regulation 8 of Annex II to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 with a view to rendering the IMO Code on Recognised Organisations mandatory, as approved by that committee at its 64th session and as laid down in Annex 23 to IMO document MEPC 64/23.
3. The position of the Union at the 66th session of the IMO Marine Environment Protection Committee shall be to agree to the adoption of the amendments to Regulation 1 of Annex I; the inclusion of a new Chapter 10 in Annex I; the amendments to Regulation 1 of Annex II; the inclusion of a new Chapter 9 in Annex II; the inclusion of new Chapters 1 and 2 in Annex III; the amendments to Regulation 1 of Annex IV; the inclusion of a new Chapter 6 in Annex IV; the inclusion of new Chapters 1 and 2 in Annex V; the amendments to Regulation 2 of Annex VI; and the inclusion of a new Chapter 5 in Annex VI to the protocols of 1978 and 1997 relating to the International Convention for the Prevention of Pollution from Ships, 1973 with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by that committee at its 64th session and as laid down in Annex 20 to IMO document MEPC 64/23.
Article 3 

1. The position of the Union at the 92nd session of the IMO Maritime Safety Committee shall be to agree to the draft IMO Code on Recognised Organisations, as approved by that committee at its 91st session and by the IMO Marine Environment Protection Committee at its 64th session and as laid down in Annex 19 to IMO document MSC 91/22.
2. The position of the Union at the 92nd session of the IMO Maritime Safety Committee shall be to agree to the following:
(a) amendments to Regulation 1 of Chapter XI-1 of the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974) with a view to rendering the IMO Code on Recognised Organisations mandatory, as approved by that committee at its 91st session and as laid down in Annex 20 to IMO document MSC 91/22;
(b) amendments to Regulation 2-1 of Chapter I of Annex I to the 1988 Protocol to the International Convention on Load Lines, 1966 with a view to rendering the IMO Code on Recognised Organisations mandatory, as approved by that committee in its 91st session and as laid down in Annex 21 to IMO document MSC 91/22.
3. The position of the Union at the 93rd session of the IMO Maritime Safety Committee shall be to agree to the following:
(a) amendments to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974) by including a new Chapter XIII with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by that committee at its 91st session and as laid down in Annex 17 to IMO document MSC 91/22;
(b) amendments to Regulation 3 of Chapter 1 of Annex I and the inclusion of a new Annex IV to Annex B to the 1988 Protocol to the International Convention on Load Lines, 1966 with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme, as approved by that committee at its 91st session and as laid down in Annex 18 to IMO document MSC 91/22.
4. The position of the Union at the 92nd and 93rd sessions of the IMO Maritime Safety Committee shall be to agree to the approval and subsequent adoption of appropriate amendments to the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 with a view to rendering the IMO Instruments Implementation Code mandatory, together with an associated flag State audit scheme.
Article 4 

1. The position of the Union as set out in Articles 1, 2 and 3 shall be expressed by the Member States which are members of the IMO acting jointly in the interest of the Union, and subject to the declaration contained in the Annex.
2. Formal and minor changes to the Union’s position as set out in Articles 1, 2 and 3 may be agreed without requiring that position to be amended.
Article 5 
Member States are hereby authorised to give their consent to be bound, in the interest of the Union and subject to the declaration set out in the Annex, by the amendments referred to in Article 1(2), Article 2(2) and (3) and Article 3(2), (3) and (4).
Article 6 
This Decision is addressed to the Member States.
Done at Brussels, 13 May 2013.
For the Council
The President
S. COVENEY
ANNEX

[Insert name of the contracting Member State] considers that the [Insert name of the relevant Code] contains a set of minimum requirements on which States can elaborate and improve as appropriate for the enhancement of maritime safety and the protection of the environment.
In particular, as regards the [Insert name of the relevant Code], [Insert name of the contracting Member State] wishes to make clear that nothing in the said Code shall be construed to restrict or limit in any way the fulfilment of its obligations under the law of the European Union in relation to:

— the definition of ‘statutory certificates’ and ‘class certificates’,
— the scope of the obligations and criteria laid down for recognised organisations,
— the duties of the European Commission as regards the recognition, assessment and, where appropriate, the imposition of corrective measures or sanctions on recognised organisations.
In the case of an IMO audit, [Insert name of the contracting Member State] will state that only compliance with those provisions of the relevant international conventions which [Insert name of the contracting Member State] has accepted, including in the terms of this declaration, shall be verified.
