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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