A/RES/58/240
encourages States to draw up plans and to establish procedures to implement those
guidelines for ships in waters under their jurisdiction;
26. Also welcomes the adoption by the General Conference of the
International Atomic Energy Agency at its forty-seventh session of resolution
GC(47)/RES/7, concerning measures to strengthen international cooperation in
nuclear, radiation and transport safety and waste management, including those
aspects relating to maritime transport safety, 13 in which it requested the Agency to
develop an action plan, in consultation with its member States and for approval by
the Board of the Agency, if possible in March 2004, based on the results of the
International Conference on the Safety of Transport of Radioactive Material and
within the competence of the Agency;
27. 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;
28. Invites the International Maritime Organization and other relevant
competent international organizations to study, 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;
29. Requests the Secretary-General, in cooperation and consultation with
relevant agencies, organizations and programmes of the United Nations system, to
prepare and disseminate to States a comprehensive elaboration of the duties and
obligations of flag States, including the potential consequences for non-compliance
prescribed in the relevant international instruments;
30. Encourages the acceleration of the work of the International Maritime
Organization in developing a voluntary model audit scheme, and urges the
organization to strengthen its draft implementation code;
31. Welcomes the work of the Food and Agriculture Organization of the
United Nations in promoting compliance by States and their fishing vessels with
conservation and management measures, and requests the International Maritime
Organization and the Food and Agriculture Organization to enhance their
cooperation and coordination in their efforts with regard to flag State duties relating
thereto, including through the Inter-Agency Consultative Group on Flag State
Implementation during the period of the Group’s existence;
32. Also welcomes the work of the International Labour Organization to
consolidate and modernize international maritime labour standards, and calls upon
Member States to take an active interest in the development of these new standards
for seafarers and fishers;
33. Recognizes the important role of port State controls 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
_______________
13
See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference,
Forty-seventh Regular Session, 15–19 September 2003 (GC(47)/RES/DEC(2003)).
7
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