11 WORK OF OTHER BODIES
11.1 Outcome of C 89
11.1.1 The Committee noted that the eighty-ninth session of the Council (C 89) had been held from 25 to 29 November. Those issues arising from this session and of relevance to the Committee are reported hereunder.
11.1.2 The Committee noted that Council had noted those issues arising from MEPC 48, which had been brought to its attention and, in particular:
.1 approved the convening of the Diplomatic Conference on Ballast Water Management in early 2004 instead of October 2003; and
.2 approved the holding of an intersessional meeting of the ESPH Working Group of the BLG Sub-Committee in 2003. This meeting has been scheduled to take place from 1 to 5 September 2003.
11.1.3 With regard to the IMO Model Audit Scheme, it was noted that the Council had requested MSC 76 to consider establishing a joint MSC/MEPC/TCC Working Group in order to consider the matter further in accordance with the terms of reference as identified in C 89/WP.1/Rev.1.
11.1.4 The Committee noted that this issue was the subject of three notes by the Secretariat (MEPC 49/11/7 and MEPC 49/11/7/Add.1) and that:
.1 MEPC 49/11/7 contained a copy of the report of the Joint MSC/MEPC/TCC Working Group on the IMO Model Audit Scheme, which was originally submitted to MSC 77 as MSC 77/WP.14 together with the action points requested of MSC and MEPC;
.2 MEPC 49/11/7/Add.1 provided information on the outcome of MSC 77 on this specific issue; and
.3 MEPC 49/11/9 (Outcome of C 90) also provided information related to this issue.
11.1.5 The Committee noted that the Council, at its ninetieth session, had approved the report of the Joint Working Group, taking into account the outcome of MSC 77 and TC 53, recognizing that MEPC 49 would be considering the report further.
11.1.6 Whilst recognizing the progress that had already been made, the Committee considered each of the action points in paragraph 4 of MEPC 49/11/7 and took action as described hereunder.
11.1.7 Having considered the outcome of the group's consideration of the various aspects of the scheme (paragraphs 14.1 and 14.2 of the annex to MSC 77/WP.14), the Committee:
.1 noted that the Joint MSC/MEPC/TCC Working Group on the IMO Model Audit Scheme was tentatively scheduled to meet during MEPC 51 from 29 March to 2 April 2004, but considering that MEPC 51 will have three other working groups, recommended that an alternative date should be found for the next meeting of the joint group;
.2 approved the group's recommendation on the inclusion of only a generic reference to UNCLOS under the scope of the scheme and noted that MSC had done likewise;
.3 endorsed MARPOL 73/78 as the IMO instrument containing environmentally-critical area to be included in the scope of the scheme;
.4 approved the work plan for the establishment of the scheme and, in particular, the establishment of an ad hoc correspondence group and the convening of the Joint MSC/MEPC/TCC Working Group before June 2004 and June 2005 respectively;
.5 approved the proposed draft Assembly resolution, as amended by the MSC, Council and TCC, on the Voluntary IMO Model Audit Scheme, noting that MSC 77 had done likewise. In this context, the Committee took specific note of paragraph 6.10 of MSC 77/WP.14, which indicated that the obligations and responsibilities should be auditable in accordance with the draft Code for the implementation of [mandatory] IMO instruments to be developed by the Organization; and
.6 approved the report of the Joint Working Group (MSC 77/WP.14) in general.
11.1.8 With regard to the World Summit on Sustainable Development (WSSD), it was noted that Council had instructed all Committees and their subsidiary bodies to take into account the Summit's Plan of Implementation when preparing their long term work programmes for consideration by Assembly. The Committee, recognizing that it was already doing this, agreed to pay particular attention to this point when discussing the Work Programmes, under agenda item 19.
11.1.9 It was recalled that, at MEPC 48, it had been agreed to recommend that provisional consultative status be given to IMTA-Interferry. However, it was noted that the Council had deferred making a decision on this recommendation until MSC had had time to consider the application and so Council considered this issue at its ninetieth session in June 2003 when it agreed to g provisional consultative status to IMTA-Interferry.
11.2 Outcome of MSC 76
11.2.1 The Committee noted that the seventy-sixth session of the Maritime Safety Committee (MSC 76) had been held from 2 to 13 December 2002. Those issues identified in MEPC 49/11/2 which were of interest to this Committee were noted and, in particular, the Committee concurred with the decision of MSC 76 in approving the draft MSC/MEPC circular on Recommendation for the use of a standard format for cargo information required by chapter 16 of the IBC Code (BLG 7/15, annex 8) and instructed the Secretariat to issue the Recommendation as MSC/Circ.1100-MEPC/Circ.407. In this connection, the Committee noted that the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), which includes chapter 1.5 on Safety Data Sheets (SDS) was available as a United Nations Publication:
Sales No: E.03.II.E.25
ISBN: 92-1-116840-6.
11.2.2 The Committee also endorsed the IACS unified interpretation, MPC 9, in relation to regulation 13F(3) of Annex I to MARPOL 73/78.
11.3 Outcome of MSC 77
11.3.1 The Committee noted that the seventy-seventh session of the Maritime Safety Committee (MSC 77) had been held from 28 May to 6 June 2003. Having noted those issues of interest to the Committee and the decisions of MSC 77, the Committee:
.1 approved the draft MSC/MEPC/FAL circular on the availability of tug assistance as shown in annex 1 to MSC 77/2;
.2 approved the draft Assembly resolution on Revised Survey Guidelines under the Harmonized System of Survey and Certification, set out in annex 19 to MSC 77/26, and instructed the Secretariat to make, in consultation with interested delegations, necessary editorial modifications to the draft Revised Survey Guidelines, for submission to the twenty-third session of the Assembly for adoption;
.3 approved the draft Assembly resolution on Human Element vision, principles and goals for the Organization;
.4 approved the draft revised Guidelines on the organization and method of work of the MSC and MEPC and their subsidiary bodies, annexed to document MSC 77/22, amended as indicated in paragraph 22.2 of MSC 77/26, and instructed the Secretariat to issue the Guidelines under cover of an MSC/MEPC circular superseding MSC/Circ.931-MEPC/Circ.366 (see paragraph 18.9);
.5 noted that MSC 77 had agreed, in principle, to combine the holding of BLG 9 with DSC 9 in order to establish the ESPH Working Group in 2004. Noting that alternative proposals were made, it was agreed to discuss this issue further under agenda item 19; and
.6 noted that MSC 77 had requested the Chairmen of the MSC, MEPC and FAL, in consultation with the Secretariat, to prepare proposals on the work of the SPI Working Group and advise the MSC, MEPC and FAL accordingly.
11.4 Outcome of FAL 30 and the SPI Working Group
11.4.1 It was noted that the Facilitation Committee had held its thirtieth session from 27 to 31 January 2003,the SPI Working Group had met at the same time and three action items had been identified for consideration by the Committee. After consideration, the Committee:
.1 recalled that, at MEPC 48, it had concurred with MSC 75, that FAL need not pursue its work on the harmonization of ships. certificates for the time being and so FAL agreed not to pursue the issue and noted that the FAL Committee's had followed this recommendation;
.2 noted that the FAL Committee had recognized that there was a need to update the list of certificates and documents required to be on board ships and so the Secretariat was instructed to prepare the revised list for consideration by MSC, MEPC and FAL at a future session; and
.3 recalled that it had already approved the draft MSC/MEPC/FAL circular on Availability of tug assistance when considering the outcome of MSC 77.
11.5 Outcome of C 90
11.5.1 The Committee noted that the ninetieth session of Council (C 90) had been held from 16 to 20 June 2003 and particularly noted the discussions at Council related to the IMO Model Audit Scheme as well as other issues of interest to this Committee. The Committee:
.1 recalled that it had agreed to discuss this issue under agenda item 19;
.2 agreed to consider the applications for consultative status under agenda item 21;
.3 noted that the Council had approved the holding of a two-day extra session of the MEPC to be held during the twenty-third session of the Assembly, which was discussed further under agenda item 16 in order to decide on the need to hold such an extra session; and
.4 considered the guidelines on the access of news media to IMO meetings and whilst agreeing, in principle, that the media should only be allowed into plenary sessions, agreed to consider the whole issue further at the next regular session of MEPC.
11.6 Outcome of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals
11.6.1 The Committee noted that the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals had held its fourth meeting from 9 to 11 December 2002 and that its report had been issued as ST/SG/AC.10/C.4/8.
11.6.2 The Committee agreed that the Secretariat should inform the UN GHS Sub-Committee of those product properties which are not part of the GHS system but are used by IMO (autoignition temperature, flammability limits and physical properties) in defining Pollution Categories and Carriage Requirements.
11.6.3 Whilst agreeing to consider sending their appropriate experts to participate in the forthcoming specialized GHS meetings, Members agreed that the Secretariat should also attend appropriate GHS meetings.
11.7 Possible future work for the GESAMP/EHS Working Group
11.7.1 The Committee recalled that, at MEPC 48, the Secretary to the GESAMP/EHS Working Group had reported back on some specific questions which this Committee had put to the GESAMP/EHS Working Group together with some suggestions for potential future work this Group considered it would be able to carry out if the Committee so wished.
11.7.2 However, it was also recalled that the Committee had indicated that it would like to see the options put to it as a list so that consideration could be given to each one. Having considered the individual options, the Committee:
.1 agreed that the hazard evaluations, developed by the Group, should be reported directly to IMO bodies at the same time as GESAMP;
.2 considered whether EHS should evaluate all of the appropriate properties of products subject to the IBC Code in order to allow ESPH to translate these into Carriage Requirements and requested ESPH to consider this approach and report back on its deliberations to a future session;
.3 agreed, in principle, that only the Secretariat should attend GHS meetings when relevant topics of interest are to be addressed and that where possible, should request guidance from the Committee on specific issues;
.4 instructed ESPH to give consideration to whether EHS should consider occupational health issues, related to chemical hazards as part of the evaluation of chemicals and report back on its deliberations to a future session;
.5 agreed to wait for the outcome of the Ballast Water Working Group before and if chemicals were to be allowed for the treatment of ballast water, a decision could be made on whether EHS should be requested to evaluate them;
.6 agreed to instruct DSC to consider whether it might be appropriate for EHS to act as an independent advisory body, should disagreements, between interested parties, arise over the Self Classification of packaged goods.
11.8 Outcome of GESAMP/EHS 39
11.8.1 The Committee noted that the thirty-ninth session of the GESAMP/EHS Working Group had been held from 28 April to 2 May 2003 and that the Group had completed the vast majority of the evaluation of chemicals which it was asked to do but that it still needed to consolidate this work before the results can be made publicly available.
11.8.2 It was also noted that, at the request of BLG 8, the Group had made provisional assessments for the acute aquatic toxicity ratings (Column B1) of the GESAMP Hazard Profile which were missing for vegetable oils. This had been done in order to allow this Committee to see how these products would be assigned to Pollution Categories and Ship Types under the 3-, 4- and 5-Category systems.
11.8.3 Having noted these points, the Committee:
.1 requested industry to provide the missing data to GESAMP/EHS for those products identified in MEPC 49/INF.23, so that the remaining Pollution Categories and Ship Types can be assigned. In addition, it was agreed that, if the required data were not forthcoming those products would NOT appear in the IBC Code;
.2 whilst recognizing that this was primarily a safety issue for MSC, the Committee requested industry to provide the additional missing data for those products identified in MEPC 49/INF.24, so that the carriage requirements resulting from the human health properties of the products could be verified or amended as deemed appropriate;
.3 recognized that the Pollution Categories resulting from the revised GESAMP/Hazard Profiles would need to be taken into account when deciding which system should be incorporated into the revised Annex II to MARPOL 73/78;
.4 recognized that GESAMP/EHS required further meetings to consolidate the evaluation of products but once this task was completed it was agreed that further consideration should be given to the future role of this Group; and
.5 with regard to the evaluation of vegetable oils, the Committee noted that the provisional rating of either (2) in column B1 or Fp in column E2 of the GESAMP Hazard Profiles would require such products to be transported in chemical tankers.
11.9 Outcome of the thirty-third session of GESAMP
11.9.1 The Committee noted that the thirty-third session of GESAMP had been held from 5 to 9 May 2003 and that its report described the strategic plan for the future of GESAMP and its contribution to the Global Reporting and Assessment of the State of the Marine Environment (GMA) and, in particular, drew the Committee's attention to costs associated with the EHS Working Group.
11.9.2 Having considered the report, the Committee agreed that, prior to making any decision related to the future funding of the work of the GESAMP/EHS Working Group, it would be necessary to decide on its future role so that a cost/benefit analysis could be determined. However, one delegation indicated that it could not support any system involving fees for an evaluation as this might deter industry from submitting data.
11.9.3 In this context, the Secretariat was instructed to submit a document to a future session of the Committee explaining the implications of the costs associated with the potential work associated with the evaluation of chemicals.
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