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3 RECENT DEVELOPMENT IN IMO RELATING TO MARITIME SAFETY AND POLLUTION PREVENTION
The following paragraphs provide a summary of measures taken by IMO to enhance maritime safety and marine environment protection, particularly those which may be of interest to port State control officers.
 
Standard of training, certification and watchkeeping (STCW)
 
Regulation I/7 of the 1978 STCW Convention, as amended in 1995, and section AI/7 of the STCW Cod prescribe that each Party shall submit to IMO information on the steps taken to give the Convention full and complete effect, and that the information submitted shall be evaluated by competent persons and confirmed by the MSC. Those Parties that have passed this evaluation are included in so-called "white list".
 
The Committee at its seventy-third, seventy-fourth and first extraordinary sessions approved a total of 101 Parties to the STCW Convention which have given full and complete effect to the provisions of the STCW Convention as amended in 1995. Attached at Annex 1 is MSC Circular 1018 containing the list of STCW Parties which have been approved by the MSC.
 
STW 33 held in January 2002 recognized that not all seafarers carry required STCW certificates or endorsements on 1 February 2002, and agreed to issue STCW.7/Circ.12 (copy attached at Annex 2). Under this circular, in cases where a seafarer's documentation complies with the requirements in force immediately before 1 February 2002, but is not in accordance with the requirements of STCW 95, port State control officers, until 31 July 2002, are recommended to issue only a warning to companies and to notify the seafarers and Administrations concerned accordingly.
 
This circular was considered by the SWG (Standing Working Group) of the Tokyo MOU. The Group agreed to follow the recommendations of the STW Sub-Committee until 31 July 2002.
 
PSCC11 considered the action to be taken after the expiry of the transitional period on 31 July 2002. The Committee agreed that the provisions of STCW 95 should be strictly followed. Subsequently, in consultation with the Paris MOU, the guide on the PSC for STCW compliance was issued on 10 July 2002 under cover TMSO2/164 (copy attached at Annex 3).
 
Revision of chapter 11-2 of SOLAS 74
 
The MSC at is 73rd session adopted comprehensive revision of chapter II-2 of SOLAS 73 on fire safety measures. These amendments entered into force on 1 July 2002. New chapter II-2 applies to ships constructed on or after 1 July 2000. Ships constructed before that date continue to the regulated by the existing chapter II-2.
 
Chapter II-2 had been amended several times since the entry into force of SOLAS 74 in 1981, and consequently the requirements have become complicated and not easily understandable. Under new chapter II-2 regulations have been rearranged in logical order, incorporating the concept of functional approach. The table of contents of the regulations of chapter II-2 of SOLAS 74 is shown in Annex 4.
 
To supplement the provisions of chapter II-2, an International Code for Fire Safety Systems (FSS Code) were adopted as a mandatory code. Some of the detailed requirements, such as use of class A, B and C divisions for different parts of the ship's structures, which were hitherto included in chapter II-2 have been transferred to the FSS Code. This approach is similar to that adopted in 1996 for revised chapter III, i.e. technical details contained in chapter III had been transferred to a mandatory LSA Code.
 
Revision of chapter V of SOLAS 74
 
The MSC at its 73rd session in December 2000 adopted revised chapter V of SOLAS 74 on safety of navigation. This amendment entered into force on 1 July 2002. Regulations 18 and 19, the text of which is shown in Annex 5, contain carriage requirements of certain new equipment, particularly automatic identification system (AIS) and voyage data recorder (VDR).
 
AIS is a system which information on a ship automatically provides to, and is received by, other ships and shore facilities. It will enable the ship to identify type, size, cargo and other information of other ships navigating in the vicinity. VDR is a "black box" to record information on the operation of a ship which has been lost as a result of an accident. It is intended to provide information which will help to investigate the cause of accident.
 
While the existing requirements of chapter V apply to all types and sizes of ships on all voyages, new chapter V contains provisions for general exemptions from the requirements relating to equipment. New regulation V/1.4 provides that the Administration may allow relaxation or exemption from requirements on equipment for the following categories of ships:
 
.1 ships below 150 gross tonnage engaged on any voyage;
.2 ships below 500 gross tonnage not engaged on international voyages; and
.3 fishing vessels.
 
Record of Equipment in Forms P, E and C was also amended to include the list of navigational equipment covered by the revised chapter V of SOLAS 74. The amendments to these Forms are shown in Annex 6.
 
Mandatory application of the IMDG Code
 
The IMDG Code is an instrument to supplement the provisions of chapter VII of SOLAS 74 concerning the carriage of dangerous goods in packaged forms. Its legal status is recommendatory under both SOLAS 74 and MARPOL 73/78.
 
The IMDG Code was recently completely reformatted and the reformatted code was approved at MSC 72 in May 2000 as Amendment 30. The revised Code will took effect on 1 January 2001 with transitional period until 31 December 2001. The revised Code is much less bulky than the present version.
 
Several countries have recently proposed to make the IMDG Code mandatory. After lengthy discussions at the DSC Sub-Committee, the MSC and the MEPC, it was agreed that the IMDG Code should be made mandatory under SOLAS 74 and MARPOL 73/78. MSC 75 in May 2002 adopted amendments to SOLAS chapter VI and VII to make the IMDG Code mandatory. The amendments will enter into force on 1 January 2004.
 
Bearing in mind that the UN Recommendations of the Transport of Dangerous Goods are amended by the UN Committee of Experts every two years, the MSC agreed that the mandatory IMDG Code is amended at two year intervals.
 
Revision of resolution A.744(18)
 
Following the breakdown of tanker "Nakhodka" resulting in massive oil pollution of the Japanese coast, Japan proposed to IMO certain measures to improve the safety and pollution prevention of oil tankers. One of the important proposal was to evaluate the longitudinal strength of oil tankers of 130 m and above in length and 15 years of age and over during the enhanced survey under resolution A.744(18). The following is the gist of the proposal:
 
.1 during the first enhanced survey carried out after the date when the tanker reaches 15 years of age, the thickness of longitudinal strength members of the tanker should be measured;
.2 if the sectional area of structural members is less than 90% of the original value, then either the longitudinal strength of the ship should be calculated, the structural members should be renewed or reinforced;
.3 if the longitudinal strength calculated in accordance with the criteria stipulated in A.744(18) is less than 90% of the original value, then the structural members should be renewed or reinforced; and
.4 the results of the longitudinal calculation should be recorded in the form set out in A.744(18).
 
Following the accident to "Erika" which caused massive oil pollution in the French coast, France proposed amendments to A.744(18) which require oil tankers of 15 years of age and over must be surveyed on the outside of bottom plating during the intermediate surveys. Presently, it is permissible to carry out inspection of bottom plating during intermediate surveys while the ship is afloat.
 
The above proposals were adopted at MSC 73 and entered into force on 1 July 2002.
 
Revision of the 1966 Load Line Convention
 
The international standard for load lines of ships, or the maximum draught the ship is permitted to load, was first established in 1933. It was based on the concept of equivalent reserve buoyancy of ships. One of the main purposes of the load line regulations was to provide for a unified loading limit among ships flying different flags so as to avoid unfair commercial advantage. The regulations are not, therefore, entirely based on technical consideration. This concept are retained in the 1966 Load Line Convention.
 
The 1966 Load Line Convention prescribes amendment procedure for technical provisions, using explicit amendment procedure. Consequently, no amendments adopted have received sufficient numbers of acceptance for bring them in force.
 
The 1988 Load Line Protocol incorporates not only the harmonized system of survey and certification, but also tacit acceptance procedures for amendments to the technical provisions of the 1988 Protocol. This will enable future amendments to the technical provisions of the Load Line Convention to be brought into force expeditiously.
 
With the entry into force of the 1988 Load Line Protocol in February 2000, the SLF Sub-Committee is presently working on the comprehensive revision of the 1966 Load Line Convention, as modified by the 1988 Protocol, to bring the technical provisions more scientifically sound. As a first step, the Sub-Committee prepared proposed amendments to the 1988 Load Line Protocol relating to the strength criteria of hatch covers, minimum bow height and reserved buoyancy at the forward part of the ship. The proposed amendments will be considered at MSC 76 in December 2002.
 
It should be noted that the above amendments, when they enter into force, will apply only to the Parties to the 1988 Load Line Protocol.
 
Global and uniform implementation of the harmonized system of survey and certification
 
With the entry into for of the 1988 SOLAS and Load Line Protocols in February 2000, the harmonized system of survey and certification (HSSC) are implemented by those States parties to the 1988 Protocols in respect of SOLAS and Load Line Conventions. However, the corresponding amendments to MARPOL 73/78 and the IBC and IGC Codes, which entered into force at the same date under the tacit acceptance procedures, are applicable to all MARPOL and SOLAS Parties. This situation creates anomalies in the requirements, requiring different system of survey and certification on the same ship flying the flag of non-Parties to the 1988 SOLAS and Load Line Protocols.
 
To facilitate global and uniform implementation of the HSSC by States, whether or not they are parties to the 1988 Protocols, resolution A.883(21) was adopted in 1999 whereby States which are not parties to the 1988 Protocols may carry out survey and issue SOLAS, Loads Lines and MARPOL certificates under the HSSC as equivalent to provisions of the SOLAS 74 and Load Line 66, with a slight modification of the certificates.
 
Maritime Security
 
Following the multiple terrorist attacks in New York and Washington on 11 September 2001, the United States Government proposed to IMO to take urgent action to strengthen the security in the maritime transport. Measures proposed by the United States included the following:
 
.1 Automatic Identification Systems (AIS)
- amendments to SOLAS regulation V/19.2.4
- long range AIS interface
.2 Ship and offshore facility security plans
.3 Ship security officer
.4 Company security officer
.5 Port facility security plans
.6 Port vulnerability assessment
.7 Seafarer identification verification and background check
.8 Port of origin container examinations
.9 Co-operation with the World Custom Organization (WCO)
.10 Information on the ship, its cargo and people
.11 Means of ship alerting
.12 Ship security equipment
.13 Update of MSC/Circ.443
.14 Long term goal
 
The above proposals were considered in detail by the intersessional meeting of the MSC working group on maritime security (11 - 15 February 2002) and MSC 75 (15 - 24 May 2002). As a result of intensive discussions, the meeting prepared:
 
.1 draft text of amendments to SOLAS chapter V on advance installation of the Automatic Identification System (AIS);
.2 draft Code on maritime and port security;
.3 draft text of SOLAS chapter XI to make the above Code mandatory;
.4 mandatory marking of the IMO number on the hull;
.5 mandatory carriage on continuous synopsis record; and
.6 port State control on maritime security.
 
These proposals will be further considered by the second intersessional meeting to be held from 9 to 13 September 2002.
 
It is envisaged that proposed amendments to SOLAS 74 and related mandatory codes would be adopted by the conference of Contracting Governments of SOLAS 74 in December 2002.







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