Annex 2: A brief overview of the major International Maritime Conventions.80
MARITIME SAFETY
International Convention for the Safety of Life at Sea (SOLAS), 1960 and 1974
1960 Convention |
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1974 Version |
Adoption: 17 June 1960 |
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Adoption: 1 November 1974 |
Entry into force: 26 May 1965 |
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Entry into force: 25 May 1980 |
The SOLAS Convention is a complex instrument that evolved into its form over many decades. It is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The 1960 Convention represents a significant step towards modernizing regulations and keeping pace with technological developments in the shipping industry. It also intends to keep the Convention up to date by periodic amendments.
The main objective of the 1974 version of the SOLAS Convention is to specify minimum standards for the construction, equipment and operation of ships compatible with their safety. Flag states are responsible for ensuring that ships under their flag comply with its requirements, and a number of certificates are prescribed in the Convention as proof of conformity. State Parties may also inspect ships of other Parties if there are clear grounds for believing that such ships or their equipment do not observe SOLAS standards.
Also included in the Convention are provisions on surveying various types of ships, issuance of documents signifying compliance to SOLAS standards, fire safety requirements, life-saving arrangements, operational needs for watch keeping and listening, safety of navigation, and carriage of cargo including dangerous goods, among others.
Succeeding amendments deal with strengthened port state control requisites, improved safety measures for different types of ships and carriage of various cargo, additional structural and operational requirements, new system of survey and certification for ships in congruence with Load Lines Convention and MARPOL 73/78, enhanced maritime communications through the use of satellites, introduction of new traffic management systems, and establishment of an amendment procedure. As a result, new chapters in the SOLAS Convention have been formed. Such pertain to safe operation of ships through the application of International Safety Management Code, safety measures for high-speed craft, and special measures to resolve differences concerning amendment procedures.
Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
Adoption: 20 October 1972
Entry into force: 15 July 1977
The Convention is designed to update and replace the Collision Regulations of 1960 which are annexed to the SOLAS Convention adopted in that year. It aims to maintain a high level of safety at sea by providing rules for avoiding collisions of ships.
COLREG contains provisions dealing with steering and sailing, lights, shapes and sound signals, risk of collision, guidance in determining safe speed, and conduct of vessels operating in or near traffic separation schemes. The provisions on the latter are the most important innovations in the 1972 Regulations. Other rules concern the operation of vessels in narrow channels and the conduct of vessels in restricted visibility, vessels restricted in their ability to maneuver, and vessels constrained by their draught. The rules also include requirements for special lights for air-cushion vessels operating in non-displacement mode, special lights and day signals for vessels engaged in dredging or underwater operations, and sound signals to be given in restricted visibility.
There are four Annexes containing technical requirements concerning lights and shapes and their positioning, sound signaling appliances, additional signals for fishing vessels when operating in close proximity, and international distress signals. Amendments to the Convention followed on 1981, 1987, and 1989 and mostly affected rules on traffic separation schemes.
Convention on the International Maritime Satellite Organization (INMARSAT), 1976
Adoption: 3 September 1976
Entry into force: 16 July 1979
The Convention defines the purposes of Inmarsat as being to improve maritime communications, thereby assisting in improving distress and safety of life at sea communication, the efficiency and management of ships, maritime public correspondence services, and radio-determination capabilities. It began its operations in 1981 and its organizational structure consists of an Assembly, Council and a Directorate headed by the Director-General. An Annex to the Convention further outlines the procedures for dispute settlement.
Amendments enabled Inmarsat to extend its services from ships to aircrafts and land-based vehicles, which led to the change in the name of the organization to International Mobile Satellite Organization. Despite organizational restructuring, it retains an intergovernmental body to ensure that it meets public service obligations, including its commitments related to Global Maritime Distress and Safety Systems (GDMSS).
The 1993 Torremolinos Protocol
Adoption: 2 April 1993
Entry into force: 12 months after 15 States with at least an aggregate fleet of 14,000 vessels equivalent to approximately 50% of today s world fishing fleet of vessels of 24 meters in length and over have ratified the Protocol
Status: 7 acceptances received
The Protocol updates the 1977 Torremolinos International Convention for the Safety of Fishing Vessels and takes into account the technological changes that occurred in the recent years. It addresses the need to take a pragmatic approach towards the early ratification of an instrument which is needed to regulate the safety of fishing vessels and those who sail in them. The Protocol also applies to fishing vessels of 24 meters in length and over, including those vessels which process their catch.
Safety provisions addressed by the Protocol include automatically controlled machinery spaces, improved life-saving appliances, immersion suits and thermal protective aids, satellite communication systems and other components of the global maritime distress and safety system.
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978
Adoption: 7 July 1978
Entry into force: 28 April 1984
The Convention was the first to establish basic requirements on training, certification and watchkeeping for seafarers in an international level. The technical provisions of the 1978 Convention are contained in an Annex and divided into six chapters. They include general principles on navigational, engineering and radio watchkeeping and maintenance, and special requirements for tankers.
The 1991 amendments to the Convention are mostly concerned with additional requirements made necessary by the implementation of the Global Maritime Distress and Safety System (GMDSS) while the 1994 modifications deals with special training for crews on tankers.
On the other hand, the1995 amendments represent a major revision of the Convention. One of the major features under these is the adoption of a new STCW Code, to which many technical regulations have been transferred. The regulations are divided up into two, one part being mandatory while the other is only recommended, to make the task of revising and updating provisions of the Code easier.
Such amendments also require State Parties to provide detailed information to the International Maritime Organization of administrative measures taken to ensure compliance with the Convention. Parties are thus obliged to undertake necessary steps and give effect to laws, orders and regulations that ensure the implementation of safety of life and property at sea and protection of the marine environment. There are also enhanced procedures concerning the exercise of port State control that allows intervention in the case of deficiencies deemed to pose danger to persons, property or the environment. Measures have likewise been introduced for watchkeeping personnel to prevent fatigue.
International Convention on Standards of Training, Certification and Watch keeping for Fishing Vessel Personnel (STCW-F), 1995
Adoption: 7 July 1995
Entry into force: 12 months after being accepted by 15 states
Status: 2 acceptances received
This Convention is the first attempt to make standards of safety for fishing vessels crew mandatory. It applies to crews of seagoing fishing vessels generally of 24 meters in length and above.
The STCW-F Convention is comparatively short and consists of 15 Articles and several chapters contained in the Annex. Some parts of the Convention deal with certification of skippers, officers, engineer officers and radio operators.
International Convention on Maritime Search and Rescue (SAR), 1979
Adoption: 27 April 1979
Entry into force: 22 June 1985
The main purpose of the Convention is to facilitate cooperation between Governments and between those participating in search and rescue (SAR) operations at sea by establishing an international SAR plan. Cooperation of this type is encouraged by the 1974 SOLAS Convention, Parties to which ensure that any necessary arrangements are made for coast watching and for the rescue of persons in distress off its coasts. These arrangements include the establishment, operation and maintenance of maritime safety facilities as deemed practicable and necessary.
Under the SAR Convention, the world's oceans have been divided up into regional search and rescue regions. In each region, countries have been working to agree each individual country's search and rescue region, for which it is responsible. States are encouraged to enter into SAR agreements with neighboring countries. Such agreements involve the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits.
Parties are further encouraged to take actions that will expedite entry of rescue units from other Parties into its territorial waters. Preparatory measures should also be taken, including the establishment of rescue coordination centers and sub-canters.
The Convention outlines operating procedures to be followed in the event of emergencies or alerts and during SAR operations. This includes the designation of an on-scene commander and establishment of ship-reporting systems. This enables the interval between the loss of contact with a vessel and the initiation of search operations to be reduced. This also permits the rapid determination of vessels which may be called upon to provide assistance including medical help when required.
The 1998 amendments which led to the revised SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on regional approaches and coordination between maritime and aeronautical SAR operations. The new text requires Parties, either individually or in cooperation with other States, to ascertain basic elements of a search and rescue service. It likewise describes how SAR services should be arranged and national capabilities be developed.