1. The Marine Environment Protection Committee, at its forty-ninth session recognized that original Annex IV of MARPOL 73/78 would enter into force on 27th September, 2003. As Annex IV of MARPOL 73/78 has been ratified by India, the same has come into force for India on 27th September, 2003. As such, as per the agreement reflected in resolution MEPC.88(44), Parties to Annex IV of MARPOL 73/78 have to implement the revised Annex IV as set out in Annex 10 to MEPC 44/20 which was approved by the Committee at its forty-fourth session, rather than the existing Annex IV.

2. As revised Annex IV would be circulated for adoption by MEPC 51 in early 2004, the revised Annex IV would only become effective in July, 2005. As such there would be a possibility of confusion as to which text, is to be applied i.e. either the original or revised Annex IV.

3. It is recommended to apply the revised Annex IV upon the entry into force of the existing Annex IV. However, to avoid confusion the implementation of the revised Annex IV may be deferred until its entry into force in July, 2005 as expected, and :-

.1 not to apply, for the purpose of port state control, requirements of the existing Annex IV to ships of foreign flag falling under those categories of ships which will be exempted from application in the revised Annex IV; and

.2 not apply any punitive measures for such ships.

during the transitional period from the date of entry into force of the existing Annex IV until the date of entry into force of the revised Annex IV.

This issues with the approval of Chief Surveyor with the Govt. of India.