A/RES/59/24 international navigation and ports and where there are vulnerable or protected marine areas; 37. Welcomes the adoption by the General Conference of the International Atomic Energy Agency at its forty-eighth session of resolution GC(48)/RES/10, concerning measures to strengthen international cooperation in nuclear, radiation and transport safety and waste management, including those aspects relating to maritime transport, 16 and also welcomes the approval of the Action Plan for the Safety of Transport of Radioactive Materials by the Board of Governors of the Agency in March 2004; 38. Once again urges flag States without an effective maritime administration and appropriate legal frameworks to establish or enhance the necessary infrastructure, legislative and enforcement capabilities to ensure effective compliance with, and implementation and enforcement of, their responsibilities under international law and, until such action is undertaken, to consider declining the granting of the right to fly their flag to new vessels, suspending their registry or not opening a registry; 39. Welcomes the report of the Consultative Group on Flag State Implementation, 17 and invites all concerned organizations to disseminate it widely; 40. Also welcomes the progress made by the International Maritime Organization on the establishment and further development of a voluntary International Maritime Organization member State audit scheme, in such a manner as not to exclude the possibility in the future of it becoming mandatory; 41. Requests that the Secretary-General report to the General Assembly at its sixty-first session on the study undertaken by the International Maritime Organization in cooperation with other competent international organizations following the invitation extended to it in resolution 58/240 and resolution 58/14 of 24 November 2003 to examine and clarify the role of the “genuine link” in relation to the duty of flag States to exercise effective control over ships flying their flag, including fishing vessels, and the potential consequences of non-compliance with duties and obligations of flag States described in relevant international instruments; 42. Encourages relevant international organizations to further develop ideas to devise means of discouraging owners and operators from non-compliance with the requirements imposed by flag States in carrying out their duties and obligations under relevant international instruments; 43. Welcomes the progress made by the International Labour Organization in the preparation of a consolidated maritime labour convention; 44. Recognizes the important role of port State control in promoting the effective enforcement by flag States of, and compliance by shipowners and charterers with, flag States’ and internationally agreed safety, labour and pollution standards, as well as maritime security regulations and conservation and management measures, and encourages Member States to improve the exchange of appropriate information between port States control authorities; _______________ 16 See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference, Forty-eighth Regular Session, 20–24 September 2004 (GC(48)/RES/DEC(2004)). 17 A/59/63. 9

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