1The rule in plain words
In one sentence…
COLREG requires Contracting Parties to use the provisions of the Code for Implementation when carrying out their Convention obligations and responsibilities.
Which provisions must Contracting Parties use?
They must use the provisions of the Code for Implementation.
When do they use them?
In carrying out their obligations and responsibilities contained in the present Convention.
2Key points
- 1.
Contracting Parties → duty holders.
- 2.
Required instrument = Code for Implementation.
- 3.
Use tied to obligations and responsibilities.
- 4.
Legal frame → present Convention.
3Frequent mistakes
Wrong: "The Code for Implementation is optional for Contracting Parties."
Right: They shall use its provisions when carrying out the Convention's obligations and responsibilities.
Wrong: "Rule 40 covers responsibilities, but not the required duties."
Right: It covers execution of the obligations and responsibilities in the Convention.
Wrong: "The Code applies independently of the present Convention."
Right: Rule 40 links its use to obligations and responsibilities contained in the present Convention.
4Exam keys & interpretation
Exam keys
"Contracting Parties" identifies who bears the duty; do not confuse the subject with the instrument.
"Provisions" means use the Code's content, not merely mention Rule 40.
"Contained in the present Convention" marks the Convention link in the question.
How to read it
Read the rule as an institutional mandate: identify the Contracting Parties and the Code they must use.
If an option separates Convention obligations from the Code for Implementation, it misses the sentence's link.
5Official text
IMO COLREG 1972International Maritime Organization — Resolution A.1085(28)
Full wording of the rule, reproduced from the official source below.
Contracting Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in the present Convention.6Test your knowledge
Who shall use the provisions of the Code for Implementation?
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