[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Page 4564]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:

       By Mr. LUGAR, from the Committee on Foreign Relations:

 [Treaty Doc. 108-7  Protocol of 1997 Amending MARPOL Convention (Ex. 
                             Rept. 109-13)]

       The text of the committee-recommended resolution of advice 
     and consent to ratification is as follows:

Text of Resolution of Advice and Consent to Ratification as Recommended 
                 by the Committee on Foreign Relations

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to 
     Understandings and Declaration
       The Senate advises and consents to the ratification of the 
     Protocol of 1997 to Amend the International Convention for 
     the Prevention of Pollution from Ships, 1973, as modified by 
     the Protocol of 1978 Relating Thereto (hereinafter in this 
     resolution referred to as the ``Protocol of 1997''), signed 
     by the United States on December 22, 1998 (T. Doc 108-7), 
     subject to the understandings and declaration in sections 2 
     and 3.
       Section 2. Understandings
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification:
       (1) The United States of America understands that the 
     Protocol of 1997 does not, as a matter of international law, 
     prohibit Parties from imposing, as a condition of entry into 
     their ports or internal waters, more stringent emission 
     standards or fuel oil requirements than those identified in 
     the Protocol.
       (2) The United States of America understands that 
     Regulation 15 applies only to safety aspects associated with 
     the operation of vapor emission control systems that may be 
     applied during cargo transfer operations between a tanker and 
     port-side facilities and to the requirements specified in 
     Regulation 15 for notification to the International Maritime 
     Organization of port State regulation of such systems.
       Section 3. Declaration
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration, which shall be included 
     in the United States instrument of ratification:
       The United States of America notes that at the time of 
     adoption of the Protocol of 1997, the NOx emission 
     control limits contained in Regulation 13 were those agreed 
     as being achievable by January 1, 2000, on new marine diesel 
     engines, and further notes that Regulation 13(3)(b) 
     contemplated that new technology would become available to 
     reduce on-board NOx emissions below those limits. 
     As such improved technology is now available, the United 
     States expresses its support for an amendment to Annex VI, 
     that would, on an urgent basis, revise the agreed 
     NOx emission control limits contained in 
     Regulation 13 in keeping with new technological developments. 
     

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