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ANNEX 1

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MARITIME SAFETY COMMITTEE	MSC 75/ISWG/WP.4
75th session	14 February 2002
Agenda item 17	Original: ENGLISH

DRAFT AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 AS AMENDED

Report of the Ad Hoc Drafting Group

1	The Ad Hoc Drafting Group met on 11,12 and 14 February 2002 outside plenary hours under the chairmanship of Mr. N.L. Charalambous (Cyprus) and was attended by delegations from the following Member States:

AUSTRALIA	MARSHALL ISLANDS
BAHAMAS	NIGERIA
BELGIUM	NORWAY
BRAZIL	PANAMA
CANADA	REPUBLIC OF KOREA
CYPRUS	RUSSIAN FEDERATION
DENMARK	SAINT VINCENT AND THE
FRANCE	GRENADINES
GERMANY	SINGAPORE
GREECE	SPAIN
ITALY	SWEDEN
JAPAN	UNITED KINGDOM
LIBERIA	UNITED STATES
MALTA

by observers from the following United Nations And Specialized Agencies:

INTERNATIONAL LABOUR ORGANIZATION

by observers from the following intergovernmental organizations:

ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

EUROPEAN COMMISSION

and by observers from the following non-governmental organizations in consultative status:

INTERNATIONAL CHAMBER OF SHIPPING (ICS)

INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS (IAPH)

INTERNATIONAL MARITIME PILOTS' ASSOCIATION (IMPA)

INTERNATIONAL COUNCIL OF CRUISE LINES (ICCL)

INTERNATIONAL PARCEL TANKERS ASSOCIATION(IPTA)

INTERNATIONAL HARBOUR MASTERS' ASSOCIATION(IHMA)

2	The Ad Hoc Drafting Group was instructed, taking into account the discussions, decisions and guidance of the Plenary to:

.1 prepare draft amendments to regulation V/l9 of the 1974 SOLAS Convention¹;

.2 prepare a first draft of amendments to chapter XI, on measures to enhance maritime security, indicating the issues, identified by the Ad Hoc Guidance Group, as being mandatory; and

.3 report on Friday, the 15 February 2002.

3	As instructed by the Plenary the Ad Hoc Drafting Group prepared:

.1 a draft Conference Resolution for the adoption of amendments to the 1974 SOLAS Convention;

.2 a draft amendment to regulation V/l9;

.3 a first draft of amendments to chapter XI; and

.4 a first draft of an instrument containing the remaining issues, identified by the Ad Hoc Guidance Group, as mandatory which have not been included in the proposed amendments to chapter XI.

3.1
The text of the aforesaid is set out in Annexes 1 and 2 to this report.

During the deliberations of the Group the issues listed below, relating to measures to enhance maritime security, have been identified as warranting the attention of the Contracting Governments to the 1974 SOLAS Convention (Contracting Governments). These are brought to the attention of the Plenary for the purpose of enabling Contracting Government to consider them in the context of their preparations and submissions to MSC 75 so as to enable MSC 75 to prepare a text of draft amendments to the 1974 SOLAS Convention to be circulated in accordance with article VIII. The majority of the Group was of the opinion that consideration and resolution of these issues will greatly assist any further drafting work and will positively contribute to the successful conclusion of the Conference of Contracting Governments to the 1974 SOLAS Convention contemplated for December 2002.

The issues are:

.1 the structure and presentation of the amendments to chapter XI (i.e. what shall be contained in Chapter XI, the possible adoption of a mandatory code, what shall be contained in a mandatory code, the development of guidelines, etc.);

.2 the possible application of the proposed measures to non-self propelled mobile offshore drilling vessels and to fixed and floating platforms. It is noted that as regards mobile offshore drilling units, MSC 66 decided that mobile offshore drilling units not propelled by mechanical means need not comply with the requirements of chapter IX;

.3 if fixed and floating platforms are to be included in the scope of application of the proposed measures there is a need to develop appropriate definitions. In this respect it is noted that the definition contained in the 1988 SUA Protocol covers only fixed platforms. If fixed and floating platforms are to be included, in the light of their nature, there is a need to decide whether these shall be treated under the measures addressing ship or under those addressing port facilities;

.4 to consider whether a definition of "port" has to be included and if so the content of the definition;

.5 the role, duties and obligations of Contracting Governments, as the third partner, in the efforts of enhancing maritime security and in this context whether an appropriate regulation needs to be included in chapter XI. In this respect reference is made to paragraphs 3 to 3.8 of the Annex to MSC/Circ.443;

.6 whether the measures to enhance maritime security will be subject, as far as the ships are concerned, to port State control inspections and if so the need to establish the appropriate regulatory framework.

In such an eventuality, in due course, the Procedures for port State control, adopted by the Organization by resolution A.787(19), as amended by resolution A.882(21), will need to be reviewed and appropriately amended;

.7 whether compliance of the ship (and of the port facility) with the measures to enhance maritime security will have to be verified and certified by the Contracting Government concerned (or on its behalf); and

.8 the question of application of chapter XI to FPSOs and FSUs.

In addition and with reference to regulation V/19.2.4.2.2, which requires tankers to be fitted with AIS "not later than the first survey for safety equipment survey on or after 1 July 2003", it has transpired that, in view of the fact that a number of Contracting Governments to the 1974 SOLAS Convention are also Parties to the 1988 SOLAS Protocol, under various scenarios of interpretation of the expression "the first survey for safety equipment on or after 1 July 2003", the date of compliance of a tanker, with the requirements to be fitted with AIS, may be well beyond the 31 December 2004 presently envisaged in the proposed draft amendments to regulation V/l9.2.4.2.4.

In the light of the issues identified in paragraph 4.2 above although reference is made to mobile offshore drilling vessels and fixed and floating platforms in the various headings which appear in the attached first draft of proposed amendments no reference to these is explicitly made in the text of the amendments. In fact the proposed draft amendments refer and address ships only and they have been developed with ships in mind. The proposed draft amendments have not been considered or examined in the context of either mobile offshore drilling vessels or fixed or floating platforms.

It is noted that in the preparation of the first draft of proposed amendments to chapter XI and the associated instrument, in view of the very early stage of these drafts, the provisions and guidelines contained in Resolution A911(22) on Uniform Wording for Referencing IMO Instruments have not been-applied.

Action requested of the Intersessional Working Group

8	The Intersessional Working Group is invited:

.1 to note:

.1 the proposed draft Conference Resolution for the adoption of amendments to the 1974 SOLAS Convention;

.2 the proposed draft amendments to chapter V;

.3 the first draft of proposed amendments to chapter XI; and

.4 the first draft of an instrument containing the remaining issues,identified by the Ad Hoc Guidance Group, as mandatory which have not been included in the proposed amendments to chapter XI;

as set out in annexes 1 and 2 to this report;

.2 to invite Contracting Governments to consider the attached annexes and submit, for the consideration of MSC 75, comments and proposals thereto, as deemed necessary;

.3 to invite Contracting Governments to consider the issues set out in paragraphs 4 and 5 of this report and to submit, for the consideration of MSC 75, comments and proposals thereto, as deemed necessary;

.4 to invite Contracting Governments to note the comments set out in paragraph 6 above, in the context of subparagraphs .2 and .3 above; and

.5 to approve this report in the context of the terms of reference set out in paragraph 2 above.

¹	Unless expressly indicated otherwise an article, a chapter or a regulation referred to in this report means an article, a chapter or a regulation of the 1974 SOLAS Convention.