Considerando que, em 21 de Junho de 2013, na sua 92.ª sessão, o Comité de Segurança Marítima da Organização Marítima Internacional, através da resolução MSC.350(92), adoptou emendas à Convenção Internacional para a Salvaguarda da Vida Humana no Mar de 1974 (SOLAS 1974), tal como emendada, e que tais emendas entraram em vigor na ordem jurídica internacional, incluindo a República Popular da China e a sua Região Administrativa Especial de Macau, em 1 de Janeiro de 2015;
O Chefe do Executivo manda publicar, nos termos do n.º 1 do artigo 6.º da Lei n.º 3/1999 (Publicação e formulário dos diplomas), a resolução MSC.350(92) do Comité de Segurança Marítima da Organização Marítima Internacional, que contém as referidas emendas, nos seus textos autênticos em línguas chinesa e inglesa.
A Convenção SOLAS 1974 encontra-se publicada no Boletim Oficial de Macau n.º 49, I Série, Suplemento, de 6 de Dezembro de 1999.
Promulgado em 26 de Abril de 2017.
O Chefe do Executivo, Chui Sai On.
Gabinete do Chefe do Executivo, aos 26 de Abril de 2017. — A Chefe do Gabinete, O Lam.
THE MARITIME SAFETY COMMITTEE,
RECALLING Article 28(b) of the Convention on the International Maritime Organization concerning the functions of the Committee,
RECALLING ALSO article VIII(b) of the International Convention for the Safety of Life at Sea (SOLAS), 1974 (hereinafter referred to as “the Convention”), concerning the amendment procedure applicable to the annex to the Convention, other than to the provisions of chapter I thereof,
HAVING CONSIDERED, at its ninety-second session, amendments to the Convention, proposed and circulated in accordance with article VIII(b)(i) thereof,
1. ADOPTS, in accordance with article VIII(b)(iv) of the Convention, amendments to the Convention, the text of which is set out in the annex to the present resolution;
2. DETERMINES, in accordance with article VIII(b)(vi)(2)(bb) of the Convention, that the said amendments shall be deemed to have been accepted on 1 July 2014, unless, prior to that date, more than one third of the Contracting Governments to the Convention or Contracting Governments the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world’s merchant fleet, have notified their objections to the amendments;
3. INVITES SOLAS Contracting Governments to note that, in accordance with article VIII(b)(vii)(2) of the Convention, the amendments shall enter into force on 1 January 2015 upon their acceptance in accordance with paragraph 2 above;
4. REQUESTS the Secretary-General, in conformity with article VIII(b)(v) of the Convention, to transmit certified copies of the present resolution and the text of the amendments contained in the annex to all Contracting Governments to the Convention;
5. ALSO REQUESTS the Secretary-General to transmit copies of this resolution and its annex to Members of the Organization which are not Contracting Governments to the Convention.
Regulation 19 – Emergency training and drills
1 The existing text of paragraphs 2.2 and 2.3 is replaced with the following:
“2.2 On a ship engaged on a voyage where passengers are scheduled to be on board for more than 24 h, musters of newly-embarked passengers shall take place prior to or immediately upon departure. Passengers shall be instructed in the use of the lifejackets and the action to take in an emergency.
2.3 Whenever new passengers embark, a passenger safety briefing shall be given immediately before departure, or immediately after departure. The briefing shall include the instructions required by regulations 8.2 and 8.4, and shall be made by means of an announcement, in one or more languages likely to be understood by the passengers. The announcement shall be made on the ship’s public address system, or by other equivalent means likely to be heard at least by the passengers who have not yet heard it during the voyage. The briefing may be included in the muster required by paragraph 2.2. Information cards or posters or video programmes displayed on ships video displays may be used to supplement the briefing, but may not be used to replace the announcement.”
2 After existing paragraph 3.2, a new paragraph 3.3 is inserted as follows:
“3.3 Crew members with enclosed space entry or rescue responsibilities shall participate in an enclosed space entry and rescue drill to be held on board the ship at least once every two months.”
3 Existing sections 3.3 and 3.4 are renumbered as 3.4 and 3.5, respectively. In the renumbered paragraph 3.4.2, the reference “paragraph 3.3.1.5” is replaced by the reference “paragraph 3.4.1.5”; and in the renumbered paragraph 3.4.3, the reference “paragraphs 3.3.4 and 3.3.5” is replaced by the reference “paragraphs 3.4.4 and 3.4.5”.
4 After the renumbered section 3.5, the following new section is added:
“3.6 Enclosed space entry and rescue drills
3.6.1 Enclosed space entry and rescue drills should be planned and conducted in a safe manner, taking into account, as appropriate, the guidance provided in the recommendations developed by the Organization.
3.6.2 Each enclosed space entry and rescue drill shall include:
.1 checking and use of personal protective equipment required for entry;
.2 checking and use of communication equipment and procedures;
.3 checking and use of instruments for measuring the atmosphere in enclosed spaces;
.4 checking and use of rescue equipment and procedures; and
.5 instructions in first aid and resuscitation techniques.”
5 In paragraph 4.2, at the end of subparagraph .3, the word “and” is deleted; at the end of subparagraph .4, the period “.” is replaced by the word “; and”; and after subparagraph .4, the following new subparagraph is added:
“.5 risks associated with enclosed spaces and onboard procedures for safe entry into such spaces which should take into account, as appropriate, the guidance provided in recommendations developed by the Organization.”
6 In paragraph 5, after the words “fire drills,”, the words “enclosed space entry and rescue drills,” are inserted.
Regulation 19 – Carriage requirements for shipborne navigational systems and equipment
7 In subparagraph 1.2.1, the words “1.2.2 and 1.2.3” are replaced with the words “1.2.2, 1.2.3 and 1.2.4”.
8 In subparagraph 1.2.2, the word “and” at the end of the subparagraph is deleted and in subparagraph 1.2.3, the full stop “.” is replaced with the word “; and”.
9 After the existing subparagraph 1.2.3, the following new subparagraph is added:
“.4 be fitted with the system required in paragraph 2.2.3, as follows:
.1 passenger ships irrespective of size, not later than the first survey after 1 January 2016;
.2 cargo ships of 3,000 gross tonnage and upwards, not later than the first survey after 1 January 2016;
.3 cargo ships of 500 gross tonnage and upwards but less than 3,000 gross tonnage, not later than the first survey after 1 January 2017; and
.4 cargo ships of 150 gross tonnage and upwards but less than 500 gross tonnage, not later than the first survey after 1 January 2018.
The bridge navigational watch alarm system shall be in operation whenever the ship is underway at sea.
The provisions of paragraph 2.2.4 shall also apply to ships constructed before 1 July 2002.”
10 After the new subparagraph 1.2.4, the following new paragraph is added:
“1.3 Administrations may exempt ships from the application of the requirement of paragraph 1.2.4 when such ships will be taken permanently out of service within two years after the implementation date specified in subparagraphs 1.2.4.1 to 1.2.4.4.”
Regulation 1 – Authorization of recognized organizations
11 The existing text of regulation 1 is replaced with the following:
“The Administration shall authorize organizations, referred to in regulation I/6, including classification societies, in accordance with the provisions of the present Convention and with the Code for Recognized Organizations (RO Code), consisting of part 1 and part 2 (the provisions of which shall be treated as mandatory) and part 3 (the provisions of which shall be treated as recommendatory), as adopted by the Organization by resolution MSC.349(92), as may be amended by the Organization, provided that:
.1 amendments to part 1 and part 2 of the RO Code are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention;
.2 amendments to part 3 of the RO Code are adopted by the Maritime Safety Committee in accordance with its Rules of Procedure; and
.3 any amendments adopted by the Maritime Safety Committee and the Marine Environment Protection Committee are identical and come into force or take effect at the same time, as appropriate.”