MSC 70/11/11
The Committee, noting that the
Sub-Committee had approved the above TSSs subject to approval
of associated Rules of navigation for ships navigating in the
Straits of Istanbul and Canakkale, considered relevant draft
rules submitted by Turkey (MSC 63/7/2).
The Russian Federation (MSC
63/7/15), generally supported by a number of delegations,
noting that the rules for ships navigating in the Straits of
Istanbul and Canakkale proposed by Turkey for adoption by the
Organization contained a number of provisions which
contradict universally recognized rules of the Law of the Sea
and the terms of the Montreux Convention, 1936, was of the
opinion that the Rules to be adopted by the Organization
should conform completely to the 1936 Montreux Convention,
the United Nations Convention on the Law of the Sea, 1982,
provisions of customary law on straits used for international
navigation and the IMO General Provisions on Ship's Routeing
and should be applied to the extent which would prevent any
infringement of the above instruments. The Russian Federation
believed that, to ensure safe navigation and pollution
prevention in the Straits, a safety management system should
be developed by the Committee including response procedures
to deal both with known and foreseeable risks. The Russian
Federation considered that such a system was the only way to
develop a realistic safety and pollution prevention
management system in the Straits.
The Committee, noting the
statement by the delegation of Turkey that the Turkish
national regulations would not contradict the Rules and
Recommendations on Navigation through the Strait of Istanbul,
Strait of Canakkale and the Marmara Sea (MSC 63/23, paragraph
7.22), prepared and adopted, subject to confirmation by the
nineteenth session of the Assembly, the Rules and
Recommendations to ensure safety of navigation for all ships
using the Straits and the associated traffic separation
schemes. These TSSs and Rules and Recommendations were
circulated by SN/Circ. 166.
The Committee also agreed that
the adopted, Rules and Recommendations are established
purely. for the purpose of safety of navigation and
environmental protection and are not intended in any way to
affect or prejudice the rights of any ship using the Straits
under international law, including the United Nations
Convention on the Law of the Sea, 1982 and the 1936 Montreux
Convention, National regulations promulgated by the coastal
State should be in total conformity with the rules and
regulations adopted by IMO. The IMO Assembly, at its
nineteenth session adopted resolution A.827(19) approving the
above Rules and Recommendations and the provisions of
SN/Circ.166.
6 More than four years of
operation of the TSSs in the Straits have clearly shown that
a considerable number of ships, due to their size, were
unable at some difficult bends to comply with the use bf the
TSSs in the Straits under Rule 10 of the COLREGs. In 1997,
according to Turkish data (see annex 7 to the report of NAV
44), that was the case for 1885 vessels as compared to 372
vessels in 1996 (NAV 43/INF.6). In all such cases the Turkish
Maritime Authorities suspended temporarily the TSSs and
regulated one way traffic, and the number of such suspensions
as shown by the above figures, tends to increase. It is clear
that when the status of the TSSs is often changed, it leads
to difficulties for captains so far as application of COLREGs
is concerned. In 1993-1994 at the time of consideration and
approval of the TSSs proposed by Turkey only the occasional
suspension of two-way traffic and introduction of one-way
traffic for a limited period was foreseen. The Russian
Federation shares the opinion than frequent suspensions of
the TSSs, as is now the case, is unacceptable for the safe
and normal operation of TSSs. At present TSSs operate also in
other parts of the World Ocean but such suspensions take
place only in the Straits,
7 Besides, at present, there is a
situation when several documents, including the Montreux
Convention, already containing shipping regulations, regulate
traffic in the Straits, namely:
.1 the Regulation for traffic
order in the area of Istanbul and Canakkale and the Sea
of Marmara introduced by Turkey from 1 July 1994;
I:/MSC/70/11-11.WPD
