1 

The twenty-second session of the Assembly (A22) was held from 19 to 29 November 2001 and the first extraordinary session of the Committee on 27 and 28 November 2001 respectively. This document reports on the decisions of the Assembly and the Committee at these sessions on the issue addressed by this agenda item.

2 

The Assembly(A22/5(b)/2, paragraph 79) unanimously adopted resolution A. 924(22) on Measures and procedures to prevent acts of terrorism which threaten security of passengers and crews and the safety of ships, as set out at annex, which had been proposed by the Secretary-General in the aftermath of the terrorist attacks in New York and Washington, D. C. on 11 September 2001 (annex 3 to document A22/8/1) and had already been unanimously approved by the Council at its twenty-first extraordinary session. The Assembly also decided, responding to a proposal by the United States' delegation, that, in order for action on the Assembly's requests in the resolution to be taken expeditiously, an intersessional working group should be established to prepare appropriate recommendations for submission to MSC 75 for any necessary follow-up action.

3 

The elaboration of details to pursue IMO's further work on maritime security was tasked to the Assembly's Committee 2 (Technical Committee). On the Assembly's concluding session on 29 November 2001, the Plenary considered the recommendations made by the Technical Committee and approved them as proposed. Details of the decisions of the Technical committee are outlined the ensuing paragraphs.

4 

The Technical Committee recalled that, among the measures the United States was considering, included:

5 

Following presentation of a possible expeditious course of action, the Secretariat explained that, while AIS matters could be considered within the context of the revised SOLAS chapter V, the port and ships' security plans issue could not be considered under any other SOLAS chapter, in which case it might be appropriate to have it dealt with by means of a possible amendment(s) to SOLAS chapter XI on Special measures to enhance maritime safety. If that chapter were to be amended, it could incorporate other maritime security measures proposed, in which case it might be appropriate to rename it "Special measures to enhance maritime safety and security". Naturally, any final decision as to which parts of SOLAS, STCW or other IMO Conventions should be amended would be matter for MSC 75 to decide.

6 

The Technical Committee agreed that the intersessional MSC Working Group on Maritime Security, should meet (against IMO costs, including interpretation costs, covered by the United States) at IMO Headquarters from 11 to 15 February 2002 to:

7 

The Technical Committee further agreed to 15 January 2002 as the deadline for submission of any relevant documents for consideration by the group. These documents would be circulated as MSC 75 documents in the usual manner and translated. All subsequent comments on these submissions would be considered by the meeting. No credentials would be required for attendance at the meeting. Member Governments should be encouraged to send maritime as well as security experts to the intersessional meeting.

8 

The Technical Committee recognized that, since FAL 29 would meet before the intersessional working group meeting when it would be informed of the outcome of the decisions of the Assembly on the issue, the FAL Committee would be in a position to decide what contributions it might wish to make to the working group.

9 

In order to pursue the matter further in an expeditious manner, the Technical Committee decided that the outcome of the intersessional working group be submitted to MSC 75 for follow-up by an ad hoc working group; as well as to the Legal and FAL Committees for appropriate action.

10 

In this context, the Technical Committee was advised by the Secretariat, on behalf of the Chairman of the MSC, on the status of the working groups agreed, in principle by MSC 74, to be established at MSC 75;and that the Committee's decision for a new Working Group on Maritime Security would, in essence, mean a fourth group which would go beyond the provisions of the Guidelines on organization and method of work. The MSC Chairman's personal view was that exceptional circumstances demanded exceptional actions and that the special effort the MSC would be asked make would be worth taking for the sake of both maritime safety and security and the Organization's good name.

11 

The Technical Committee, having noted the MSC Chairman's information and view, decided that, in principle, a fourth working group, i. e., a Working Group on Maritime Security, should be established at MSC 75 with top priority and that it be left to MSC 75 to decide on the need for, and which other working group, should be established. It further decided that its decisions on the matter be conveyed to the extraordinary session of the MSC, for information and action, as appropriate.

12 

In the context of the aforementioned presentation by the Secretariat as mentioned in paragraph 5, the Technical Committee's attention was drawn to the fact that, in order that amendments to SOLAS chapter XI be adopted, there would, in accordance with resolution 5 of the 1994 SOLAS Conference, be a need to convene a conference of SOLAS Contracting Governments. Further to acting in accordance with that resolution, the Technical Committee recognized that, opting for a [SOLAS] conference, a strong message would be conveyed about the seriousness IMO was attaching to the issue of maritime security.

13 

The Technical Committee agreed that such a conference could be organized in conjunction with MSC 76 in December 2002, provided the Assembly decided that such a conference was desirable and such a decision was concurred to by least one third of SOLAS Contracting Governments attending the Assembly in accordance with SOLAS article VIII. The Technical Committee, and eventually the Assembly, also noted that organizing the Conference in conjunction with an MSC session would entail no additional financial cost to the Organization.

14 

It was agreed that the decisions of the Assembly, calling for an intersessional working group; a fourth working group at MSC 75; and the convening of a conference, should not create any precedence for similar action to be taken in future and needed to be seen in the light of the exceptional circumstances in which they had been taken.

15 

In concluding its deliberations on the issue, the Technical Committee, and eventually the Assembly, approved, with the concurrence of representatives of Governments constituting more than one-third of Contracting Governments [and Parties] to SOLAS [and the STCW] Convention(s) present at the Assembly, the convening of an IMO Conference on Maritime Security to take place in conjunction with MSC 76 in December 2002, to consider, with a view to adoption, proposed amendments to SOLAS [and STCW] Convention(s); and expressed deep appreciation to the Secretary-General for his timely and appropriate initiative to submit the relevant resolution to the Assembly through the Council.