9.1 The Committee recalled that at MEPC 48, it was noted that very few returns had been submitted to IMO on alleged inadequacy of reception facilities. In reviewing this issue, the Chairman of MEPC 48 had stressed that the overall purpose of making reports about waste reception facilities should be to encourage improvement in the availability of the facilities to shipping and use by ships so as to minimize/prevent illegal discharge/dumping of waste materials as defined by MARPOL 73/78.

　

9.2 As a result, the Committee instructed the FSI Sub-Committee to consider relevant issues, including the reporting procedure, in order to improve the situation.

　

9.3 It was also noted that, having considered these requests, FSI 11 instructed the Secretariat to prepare an appropriate submission to FSI 12 on waste reception facilities reporting requirements including availability, use and purpose of reporting as provided in Annexes I, II and V to MARPOL 73/78 and the Guidelines for ensuring the adequacy of port waste reception facilities.

　

9.4 The Committee, therefore, agreed to await the outcome of FSI 12 on this issue prior to giving it any further consideration.

　

9.5 In this regard, the Committee noted that the Secretariat had recently received reports from Finland and Norway on inadequacy of reception facilities, a summary of which would be prepared by the Secretariat for consideration by the next session of the FSI Sub-Committee.

　

　

　

10.1.1 It was noted that the forty-sixth session of the Sub-Committee on Ship Design and Equipment had been held from 10 to 19 March 2003 and that six issues had been identified as requiring consideration by the Committee. The discussion and decisions made by the Committee regarding these issues are reported below.

　

　

10.1.2 The Committee noted that it had been requested to adopt the draft MEPC resolution on Guidelines for on-board NOx verification procedure - Direct measurement and monitoring method. However, it was recalled that this issue, along with a related submission from the Republic of Korea (MEPC 49/10/8) had already been discussed under agenda item 4.

　

10.1.3 In this context, the delegation of Spain indicated that there was no guidance for removing the nitrogen content of residual fuels (ISO 8217). As a result, any actions focused on reducing NOx emissions should be addressed using other alternatives.

　

　

10.1.4 The Committee noted that it had been requested to:

　

　

10.1.5 In considering this request, it was noted that DE 46 had developed the draft Revised Guidelines and specifications for pollution prevention equipment for machinery space bilges of ships to replace resolution MEPC.60(33), taking into account the instruction given by MEPC 48 to include ISO Standard 9377-2 (use of GLC to replace IR Spectrophotometry).

　

10.1.6 It was also noted that DE 46 had developed the draft Revised Guidelines and specifications for oil discharge monitoring and control systems for oil tankers to replace resolution A.586(14) which included a number of improvements.

　

10.1.7 In this context, in introducing its document, MEPC 49/10/9, the United States made the point that, whilst supporting the revisions, it proposed that existing equipment be phased out of service if it does not meet the new requirements as set forth in the revised resolutions allowing a phase out period of five years. In order to accommodate the new resolutions, the United States proposed amendments to regulations 15(3), 16(4) and 16(5) of Annex I to MARPOL 73/78 to reflect this.

　

10.1.8 Whilst there was some sympathy for the concept proposed by the United States, the Committee considered that it would be more appropriate to adopt the resolutions now and give further consideration to the proposal at a future session, so that a cost/benefit analysis could be taken into account.

　

10.1.9 In this context, it was noted that, in the operative paragraph 2(a) of the draft resolution (DE 46/32/Add.1, annex 3), there were square brackets round the date 1 January 2005 which the Committee agreed should be removed.

　

10.1.10 As a result, the Committee adopted the Revised Guidelines and specifications for pollution control equipment for machinery spaces bilges of ships by resolution MEPC.107(49) and adopted the Revised Guidelines and specifications for oil discharge monitoring and control systems for oil tankers by resolution MEPC.108(49), which are set out in annexes 13 and 14 respectively.

　

　

10.1.11 The Committee agreed that, pending the outcome of the 2004 Ballast Water Conference, the item on "Safety aspects of ballast water management" should be kept in the DE Sub-Committee's work programme and included in the agenda of a future session following relevant instructions of the Committee.

　

10.1.12 The Committee noted the Sub-Committee's discussions on the protection of pump rooms and access to shore-based computer programmes for salvage operations and on the protection of fuel tanks.

　

10.1.13 In considering the outcome of the Sub-Committee's discussion with regard to the draft IMO Guidelines on ship recycling, the Committee noted that DE 46 had proposed that, with regard to the list of potentially hazardous materials which may be found on board vessels delivered to recycling yards, the reference to halon should be amended to include perfluorocarbons (PFCs).

　

10.1.14 It was also noted that this issue had already been considered under agenda item 3 (ship recycling).

　

　

10.2.1 The Committee noted that the eleventh meeting of the Sub-Committee on Flag State Implementation had been held from 7 to 11 April 2003 and fifteen issues had been identified as requiring consideration by this Committee. The discussion and decisions made by the Committee regarding these issues are reported below.

　

10.2.2 It was recalled that the Committee had instructed the Secretariat to put information on casualties on the IMO website once its content had been agreed by FSI. In order to assist the Organization in receiving the required information on casualties, the Committee endorsed the request of FSI to remind Member States of the casualty related data required to be reported to the Organization.

　

10.2.3 Having noted that that FSI 11 had been informed of a number of accidents involving thermal oil systems, the Committee endorsed the Sub-Committee's invitation to Member States to submit reports involving thermal oil systems accidents.

　

10.2.4 The Committee endorsed, in principle, with regard to the development of the draft Code for the implementation of [mandatory] IMO instruments:

　

　

10.2.5 In considering this issue, it was noted that this draft Code was not anticipated to be completed until FSI 13 and would cover the three stakeholders, i.e. flag States, port States and coastal States rather than being limited to flag States. It was also noted that MSC 77 had also endorsed, in principle, the recommendations of FSI 11 related to these issues.

　

10.2.6 It was noted that FSI had originally intended to finalize a draft Assembly resolution on the transfer of ships between flag States for consideration by MSC 77 and MEPC 49. However, the Sub-Committee had decided to give further consideration to the incorporation of other relevant provisions prior to submitting the resolution to the Committees for approval. The Committee concurred with the Sub-Committee's approach to this issue, recognizing that MSC 77 had not considered this point as it had only dealt with urgent matters arising from FSI 11.

　

10.2.7 It was noted that FSI 11 had agreed that it would be advantageous to divide the introduction and three annexes of the amended resolution A.746(18) into separate guidelines for SOLAS, LL and MARPOL. Furthermore, FSI 11 had agreed that it should co-ordinate the review of these annexes and so recommended to the Committees that, whenever a statutory instrument is developed that entails consequential amendments to the associated survey guidelines, amendments to the guidelines should be developed before the entry into force of the amendments to the statutory instrument.

　

10.2.8 The Committee agreed in principle with this proposed methodology for future review of the Survey guidelines under the HSSC. However, concern was expressed that a continuous item on "Review of the Survey Guidelines under HSSC" should be included in its work programme, and agreed to consider this further under agenda item 19.

　

10.2.9 The Committee concurred with the decision of MSC 77 that the draft revised Survey Guidelines under the HSSC for submission to the twenty-third session of the Assembly for adoption. However, it was recognized that annex 3 to these Guidelines did not reflect the recent amendments to MARPOL 73/78, particularly in relation to regulation I/13G. Noting that the draft revised Survey Guidelines covered amendments to MARPOL 73/78 only until 2000, the Committee requested FSI to update the Guidelines at the earliest opportunity.

　

10.2.10 The Committee noted that FSI 11 was intending to continue working on the self-assessment of flag State performance on the basis of information provided by the Secretariat and information provided by Member States on their initial SAFs and updates to allow proposals for amending the forms and to show how the Organization could benefit from the information in the SAFs under the agenda item "Comprehensive analysis of difficulties encountered in the implementation of IMO instruments".

　

10.2.11 The Committee concurred with this approach of the Sub-Committee concerning its future work on the self-assessment of flag State performance.

　

10.2.12 The Committee noted that it had been requested to approve the proposed revised work programme of the Sub-Committee and provisional agenda for FSI 12 but agreed to consider this issue under agenda item 19.

　

10.2.13 The Committee endorsed the instructions of FSI 11 to the Secretariat to update the list of mandatory reports under MARPOL 73/78 to show which Parties had submitted their reports and which had failed to do so. In addition, the Committee endorsed the instructions to the Secretariat to submit reports on waste reception facilities reporting requirements including availability, use and purpose of reporting as provided in Annexes I, II and V to MARPOL 73/78 and the Guidelines of ensuring adequacy of port waste reception facilities.

　

10.2.14 The Committee noted that it had been requested to consider the Sub-Committee's recommendations regarding the draft Guidelines for brief sampling of anti-fouling systems on ships and the draft AFS circular annexing the examples of sampling methodologies and take action as appropriate. This issue was considered under agenda item 6.

　

10.2.15 The Committee also agreed to consider the request to adopt the draft MEPC resolution on Guidelines for inspections of ships anti-fouling systems under agenda item 6.

　

10.2.16 The Committee also noted the draft amendments to resolution A.787(19), as amended by resolution A.882(21), with the understanding that it would approve them at a future session when the 2001 AFS Convention has entered into force, for submission to the Assembly for adoption. This issue was considered further under agenda item 6.

　

10.2.17 Furthermore, the Committee agreed to consider the Sub-Committee's recommendations on ships recycling-related matters under agenda item 6.

　

10.2.18 The Committee noted that the draft amendments to MARPOL Annex VI on the introduction of the HSSC had been considered under agenda item 4.

　

10.2.19 Having noted that it was requested to consider the Sub-Committee's recommendations concerning the possible amendments to regulation 3(3) of Annex IV of MARPOL 73/78 and take action as appropriate, the Committee agreed to consider this issue under agenda item 16 whilst noting that FSI 11 was referring to regulation 3(3) of the existing Annex IV.

　

10.2.20 Notwithstanding the specific actions requested of it by FSI 11, the Committee approved its report in general.