Complete list
Maritime safety
Marine pollution
Liability and compensation
Other subjects
Maritime safety
Maritime safety
Marine pollution
Liability and compensation
Other subjects
Maritime safety
International Convention for the Safety of
Life at Sea (SOLAS), 1974
International Convention on Load Lines (LL), 1966
Special Trade Passenger Ships Agreement (STP), 1971
Protocol on Space Requirements for Special Trade Passenger Ships, 1973
Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
International Convention for Safe Containers (CSC), 1972
Convention on the International Maritime Satellite Organization (INMARSAT), 1976
The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978
International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
International Convention on Maritime Search and Rescue (SAR), 1979
International Convention on Load Lines (LL), 1966
Special Trade Passenger Ships Agreement (STP), 1971
Protocol on Space Requirements for Special Trade Passenger Ships, 1973
Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
International Convention for Safe Containers (CSC), 1972
Convention on the International Maritime Satellite Organization (INMARSAT), 1976
The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978
International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
International Convention on Maritime Search and Rescue (SAR), 1979
Marine
pollution
International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78)
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LDC), 1972
International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990
Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol)
International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001
International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LDC), 1972
International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990
Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol)
International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001
International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
Liability
and compensation
International Convention on Civil Liability
for Oil Pollution Damage (CLC), 1969
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR), 1971
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR), 1971
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
Other
subjects
Convention on Facilitation of International
Maritime Traffic (FAL),
1965
International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), 1988
International Convention on Salvage (SALVAGE), 1989
International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), 1988
International Convention on Salvage (SALVAGE), 1989
Xx
International Convention for the Safety of Life at Sea
(SOLAS), 1974
Adoption:
1 November 1974
Entry into force: 25 May 1980
Entry into force: 25 May 1980
Convention
description
Introduction and history
Amendment procedure
Technical provisions
Chapter I - General Provisions
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
Chapter II-2 - Fire protection, fire detection and fire extinction
Chapter III - Life-saving appliances and arrangements
Chapter IV - Radiocommunications
Chapter V - Safety of navigation
Chapter VI - Carriage of Cargoes
Chapter VII - Carriage of dangerous goods
Chapter VIII - Nuclear ships
Chapter IX - Management for the Safe Operation of Ships
Chapter X - Safety measures for high-speed craft
Chapter XI-1 - Special measures to enhance maritime safety
Chapter XI-2 - Special measures to enhance maritime security
Chapter XII - Additional safety measures for bulk carriers
Amendment procedure
Technical provisions
Chapter I - General Provisions
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
Chapter II-2 - Fire protection, fire detection and fire extinction
Chapter III - Life-saving appliances and arrangements
Chapter IV - Radiocommunications
Chapter V - Safety of navigation
Chapter VI - Carriage of Cargoes
Chapter VII - Carriage of dangerous goods
Chapter VIII - Nuclear ships
Chapter IX - Management for the Safe Operation of Ships
Chapter X - Safety measures for high-speed craft
Chapter XI-1 - Special measures to enhance maritime safety
Chapter XI-2 - Special measures to enhance maritime security
Chapter XII - Additional safety measures for bulk carriers
Introduction
and history
The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster, the second in 1929, the third in 1948 and the fourth in 1960.
The 1960 Convention - which was adopted on 17 June 1960 and entered into force on 26 May 1965 - was the first major task for IMO after the Organization's creation and it represented a considerable step forward in modernizing regulations and in keeping pace with technical developments in the shipping industry.
The intention was to keep the Convention up to date by periodic amendments but in practice the amendments procedure incorporated proved to be very slow. It became clear that it would be impossible to secure the entry into force of amendments within a reasonable period of time.
As a result, a completely new Convention was adopted in 1974 which included not only the amendments agreed up until that date but a new amendment procedure - the tacit acceptance procedure - designed to ensure that changes could be made within a specified (and acceptably short) period of time.
Instead of requiring that an amendment shall enter into force after being accepted by, for example, two thirds of the Parties, the tacit acceptance procedure provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendment are received from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as amended.
top
top
The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster, the second in 1929, the third in 1948 and the fourth in 1960.
The 1960 Convention - which was adopted on 17 June 1960 and entered into force on 26 May 1965 - was the first major task for IMO after the Organization's creation and it represented a considerable step forward in modernizing regulations and in keeping pace with technical developments in the shipping industry.
The intention was to keep the Convention up to date by periodic amendments but in practice the amendments procedure incorporated proved to be very slow. It became clear that it would be impossible to secure the entry into force of amendments within a reasonable period of time.
As a result, a completely new Convention was adopted in 1974 which included not only the amendments agreed up until that date but a new amendment procedure - the tacit acceptance procedure - designed to ensure that changes could be made within a specified (and acceptably short) period of time.
Instead of requiring that an amendment shall enter into force after being accepted by, for example, two thirds of the Parties, the tacit acceptance procedure provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendment are received from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as amended.
top
top
Amendment
procedure
Article VIII of the SOLAS 1974 Convention states that amendments can be made either:
Article VIII of the SOLAS 1974 Convention states that amendments can be made either:
After
consideration within IMO
Amendments proposed by a Contracting Government are circulated at least six months before consideration by the Maritime Safety Committee (MSC) - which may refer discussions to one or more IMO Sub-Committees - and amendments are adopted by a two-thirds majority of Contracting Governments present and voting in the MSC. Contracting Governments of SOLAS, whether or not Members of IMO are entitled to participate in the consideration of amendments in the so-called "expanded MSC".
Amendments by a Conference
A Conference of Contracting Governments is called when a Contracting Government requests the holding of a Conference and at least one-third of Contracting Governments agree to hold the Conference. Amendments are adopted by a two-thirds majority of Contracting Governments present and voting.
In the case of both a Conference and the expanded MSC, amendments (other than to Chapter I) are deemed to have been accepted at the end of a set period of time following communication of the adopted amendments to Contracting Governments, unless a specified number of Contracting Governments object. The length of time from communication of amendments to deemed acceptance is set at two years unless another period of time - which must not be less than one year - is determined by two-thirds of Contracting Governments at the time of adoption.
Amendments to Chapter I are deemed accepted after positive acceptance by two-thirds of Contracting Governments.
Amendments enter into force six months after their deemed acceptance.
The minimum length of time from circulation of proposed amendments through entry into force is 24 months - circulation: six months, adoption to deemed acceptance date: 12 months minimum; deemed acceptance to entry into force: six months.
However, a resolution adopted in 1994 makes provision for an accelerated amendment procedure to be used in exceptional circumstances - allowing for the length of time from communication of amendments to deemed acceptance to be cut to six months in exceptional circumstances and when this is decided by a Conference. In practice to date, the expanded MSC has adopted most amendments to SOLAS, while Conferences have been held on several occasions - notably to adopt whole new Chapters to SOLAS or to adopt amendments proposed in response to a specific incident.
top
top
Amendments proposed by a Contracting Government are circulated at least six months before consideration by the Maritime Safety Committee (MSC) - which may refer discussions to one or more IMO Sub-Committees - and amendments are adopted by a two-thirds majority of Contracting Governments present and voting in the MSC. Contracting Governments of SOLAS, whether or not Members of IMO are entitled to participate in the consideration of amendments in the so-called "expanded MSC".
Amendments by a Conference
A Conference of Contracting Governments is called when a Contracting Government requests the holding of a Conference and at least one-third of Contracting Governments agree to hold the Conference. Amendments are adopted by a two-thirds majority of Contracting Governments present and voting.
In the case of both a Conference and the expanded MSC, amendments (other than to Chapter I) are deemed to have been accepted at the end of a set period of time following communication of the adopted amendments to Contracting Governments, unless a specified number of Contracting Governments object. The length of time from communication of amendments to deemed acceptance is set at two years unless another period of time - which must not be less than one year - is determined by two-thirds of Contracting Governments at the time of adoption.
Amendments to Chapter I are deemed accepted after positive acceptance by two-thirds of Contracting Governments.
Amendments enter into force six months after their deemed acceptance.
The minimum length of time from circulation of proposed amendments through entry into force is 24 months - circulation: six months, adoption to deemed acceptance date: 12 months minimum; deemed acceptance to entry into force: six months.
However, a resolution adopted in 1994 makes provision for an accelerated amendment procedure to be used in exceptional circumstances - allowing for the length of time from communication of amendments to deemed acceptance to be cut to six months in exceptional circumstances and when this is decided by a Conference. In practice to date, the expanded MSC has adopted most amendments to SOLAS, while Conferences have been held on several occasions - notably to adopt whole new Chapters to SOLAS or to adopt amendments proposed in response to a specific incident.
top
top
Technical
provisions
The main objective 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 that this has been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention - this procedure is known as port State control.The current SOLAS Convention includes Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided into 12 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the issuing of documents signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions for the control of ships in ports of other Contracting Governments.
top
top
The main objective 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 that this has been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention - this procedure is known as port State control.The current SOLAS Convention includes Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided into 12 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the issuing of documents signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions for the control of ships in ports of other Contracting Governments.
top
top
Chapter
II-1 - Construction - Subdivision and stability, machinery and electrical
installations
The subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight integrity and bilge pumping arrangements for passenger ships are also laid down as well as stability requirements for both passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance between two adjacent bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that services which are essential for the safety of the ship, passengers and crew are maintained under various emergency conditions. The steering gear requirements of this Chapter are particularly important.
top
top
The subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight integrity and bilge pumping arrangements for passenger ships are also laid down as well as stability requirements for both passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance between two adjacent bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that services which are essential for the safety of the ship, passengers and crew are maintained under various emergency conditions. The steering gear requirements of this Chapter are particularly important.
top
top
Chapter
II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour.
top
top
Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour.
top
top
Chapter
III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to type of ship.
The Chapter includes requirements for life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to type of ship.
The International Life-Saving Appliance
(LSA) Code gives specific technical requirements for LSAs and is mandatory
under Regulation 34, which states that all life-saving appliances and
arrangements shall comply with the applicable requirements of the LSA Code.
top
top
top
top
Chapter
IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to carry equipment designed to improve the chances of rescue following an accident, including satellite emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or survival craft.
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to carry equipment designed to improve the chances of rescue following an accident, including satellite emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or survival craft.
Regulations in Chapter IV cover
undertakings by contracting governments to provide radiocommunciation services
as well as ship requirements for carriage of radiocommunications equipment. The
Chapter is closely linked to the Radio Regulations of the International
Telecommunication Union.
top
top
top
top
Chapter
V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided by Contracting Governments and sets forth provisions of an operational nature applicable in general to all ships on all voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship engaged on international voyages.
The subjects covered include the maintenance of meteorological services for ships; the ice patrol service; routeing of ships; and the maintenance of search and rescue services.
This Chapter also includes a general obligation for masters to proceed to the assistance of those in distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship identification systems (AIS) for certain ships.
top
top
Chapter V identifies certain navigation safety services which should be provided by Contracting Governments and sets forth provisions of an operational nature applicable in general to all ships on all voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship engaged on international voyages.
The subjects covered include the maintenance of meteorological services for ships; the ice patrol service; routeing of ships; and the maintenance of search and rescue services.
This Chapter also includes a general obligation for masters to proceed to the assistance of those in distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship identification systems (AIS) for certain ships.
top
top
Chapter
VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their particular hazards to ships or persons on board, may require special precautions".
The regulations include requirements for stowage and securing of cargo or cargo units (such as containers).
The Chapter requires cargo ships carrying grain to comply with the International Grain Code.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification, packing, marking, labelling and placarding, documentation and stowage of dangerous goods. Contracting Governments are required to issue instructions at the national level and the Chapter makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated to accommodate new dangerous goods and to supplement or revise existing provisions.
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their particular hazards to ships or persons on board, may require special precautions".
The regulations include requirements for stowage and securing of cargo or cargo units (such as containers).
The Chapter requires cargo ships carrying grain to comply with the International Grain Code.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification, packing, marking, labelling and placarding, documentation and stowage of dangerous goods. Contracting Governments are required to issue instructions at the national level and the Chapter makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated to accommodate new dangerous goods and to supplement or revise existing provisions.
Part
A-1 - Carriage of dangerous goods in solid
form in bulk - covers the documentation, stowage and segregation requirements
for these goods and requires reporting of incidents involving such goods.
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires chemical tankers built after 1 July 1986 to comply with the International Bulk Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers constructed after 1 July 1986 to comply with the requirements of the International Gas Carrier Code (IGC Code).
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires chemical tankers built after 1 July 1986 to comply with the International Bulk Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers constructed after 1 July 1986 to comply with the requirements of the International Gas Carrier Code (IGC Code).
Part
D includes special requirements for the carriage of
packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes
on board ships and requires ships carrying such products to comply with the
International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel,
Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).
Tthe chapter requires carriage of dangerous
goods to be in compliance with the relevant provisions of the International
Maritime Dangerous Goods Code (IMDG Code). The IMDG Code was first adopted by
IMO in 1965 and has been kept up to date by regular amendments, including those
needed to keep it in line with United Nations Recommendations on the Transport
of Dangerous Goods which sets the basic requirements for all the transport
modes
Chapter
VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety management system to be established by the shipowner or any person who has assumed responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).
Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety management system to be established by the shipowner or any person who has assumed responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).
Chapter
XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship identification number scheme; and port State control on operational requirements.
The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship identification number scheme; and port State control on operational requirements.
Chapter
XI-2 - Special measures to enhance maritime security
The Chapter was adopted in December 2002 and entered into force on 1 July 2004. Regulation XI-2/3 of the new chapter enshrines the International Ship and Port Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements. The regulation requires Administrations to set security levels and ensure the provision of security level information to ships entitled to fly their flag. Prior to entering a port, or whilst in a port, within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if that security level is higher than the security level set by the Administration for that ship.
The Chapter was adopted in December 2002 and entered into force on 1 July 2004. Regulation XI-2/3 of the new chapter enshrines the International Ship and Port Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements. The regulation requires Administrations to set security levels and ensure the provision of security level information to ships entitled to fly their flag. Prior to entering a port, or whilst in a port, within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if that security level is higher than the security level set by the Administration for that ship.
Regulation XI-2/8 confirms the role of the
Master in exercising his professional judgement over decisions necessary to
maintain the security of the ship. It says he shall not be constrained by the
Company, the charterer or any other person in this respect.
Regulation XI-2/5 requires all ships to be
provided with a ship security alert system, according to a strict timetable
that will see most vessels fitted by 2004 and the remainder by 2006. When
activated the ship security alert system shall initiate and transmit a
ship-to-shore security alert to a competent authority designated by the Administration,
identifying the ship, its location and indicating that the security of the ship
is under threat or it has been compromised. The system will not raise any alarm
on-board the ship. The ship security alert system shall be capable of being activated
from the navigation bridge and in at least one other location.
Regulation XI-2/6 covers requirements for
port facilities, providing among other things for Contracting Governments to
ensure that port facility security assessments are carried out and that port
facility security plans are developed, implemented and reviewed in accordance
with the ISPS Code.
Other regulations in this chapter cover the
provision of information to IMO, the control of ships in port, (including
measures such as the delay, detention, restriction of operations including
movement within the port, or expulsion of a ship from port), and the specific
responsibility of Companies.
Chapter
XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Amendments
year by year
The Protocol of 1978 - Tanker
safety and pollution prevention
The 1981 amendments -chapter II-1 and II-2 updated
The 1983 amendments -revised chapter III
The 1988 (April) amendments - post Herald of Free Enterprise
The 1988 (October) amendments - stability of passenger ships
The 1988 Protocol - HSSC
The 1988 amendments - GMDSS
The 1989 amendments - chapters II-1 and II-2
The 1990 amendments - subdivision and stability: probabilistic approach
The 1991 amendments - revised chapter VI
The April 1992 amendments - measures for existing ro-ro passenger ships
The December 1992 amendments -fire safety of new passenger ships
The May 1994 amendments (Conference) - Accelerated amendmentprocedure
NewChapter IX - Management for the Safe Operation of Ships
New Chapter X - Safety measures for high-speed craft
New Chapter XI - Special measures to enhance maritime safety
The May 1994 amendments (MSC) - emergency towing, ship reporting systems
The December 1994 amendments - cargo code made mandatory
The May 1995 amendments - ships routeing systems made mandatory
The November 1995 amendments (Conference) - ro-ro safety post-Estonia
The June 1996 amendments - revised chapter III
The December 1996 amendments -new Fire Test Procedures Code
The June 1997 amendments - Vessel Traffic Services regulation
The November 1997 amendments (Conference) - New chapter XII bulk carrier safety
The May 1998 amendments - amendments to chapters II-1, IV, VI
The May 1999 amendments - INF Code made mandatory
The May 2000 amendment - helicopter landing area
The December 2000 amendments - VDRs, AIS made mandatory in revised chapter V, revised chapter II-1
The June 2001 amendments - ch VII, ch IX
The May 2002 amendments - IMDG Code made mandatory
The December 2002 amendments (Conference) - measures to enhance maritime security
The December 2002 amendments - bulk carrier new regulations
The June 2003 amendments - ch V
May 2004 amendments - persons in distress at sea, accidents with lifeboats
December 2004 amendments - bulk carriers, free-fall lifeboats, S-VDRs
May 2005 amendments - revised chapter II-1
May 2006 amendments - LRIT
May 2006 amendments - other issues
The 1981 amendments -chapter II-1 and II-2 updated
The 1983 amendments -revised chapter III
The 1988 (April) amendments - post Herald of Free Enterprise
The 1988 (October) amendments - stability of passenger ships
The 1988 Protocol - HSSC
The 1988 amendments - GMDSS
The 1989 amendments - chapters II-1 and II-2
The 1990 amendments - subdivision and stability: probabilistic approach
The 1991 amendments - revised chapter VI
The April 1992 amendments - measures for existing ro-ro passenger ships
The December 1992 amendments -fire safety of new passenger ships
The May 1994 amendments (Conference) - Accelerated amendmentprocedure
NewChapter IX - Management for the Safe Operation of Ships
New Chapter X - Safety measures for high-speed craft
New Chapter XI - Special measures to enhance maritime safety
The May 1994 amendments (MSC) - emergency towing, ship reporting systems
The December 1994 amendments - cargo code made mandatory
The May 1995 amendments - ships routeing systems made mandatory
The November 1995 amendments (Conference) - ro-ro safety post-Estonia
The June 1996 amendments - revised chapter III
The December 1996 amendments -new Fire Test Procedures Code
The June 1997 amendments - Vessel Traffic Services regulation
The November 1997 amendments (Conference) - New chapter XII bulk carrier safety
The May 1998 amendments - amendments to chapters II-1, IV, VI
The May 1999 amendments - INF Code made mandatory
The May 2000 amendment - helicopter landing area
The December 2000 amendments - VDRs, AIS made mandatory in revised chapter V, revised chapter II-1
The June 2001 amendments - ch VII, ch IX
The May 2002 amendments - IMDG Code made mandatory
The December 2002 amendments (Conference) - measures to enhance maritime security
The December 2002 amendments - bulk carrier new regulations
The June 2003 amendments - ch V
May 2004 amendments - persons in distress at sea, accidents with lifeboats
December 2004 amendments - bulk carriers, free-fall lifeboats, S-VDRs
May 2005 amendments - revised chapter II-1
May 2006 amendments - LRIT
May 2006 amendments - other issues
The
Protocol of 1978
Adoption: 17 February 1978
Entry into force: 1 May 1981
The 1978 Protocol was adopted at the International Conference on Tanker Safety and Pollution Prevention, which was convened in response to a spate of tanker accidents in 1976-1977.
The conference adopted measures affecting tanker design and operation, which were incorporated into both the SOLAS Protocol of 1978 as well as the Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol).
The 1978 SOLAS Protocol made a number of important changes to Chapter I, including the introduction of unscheduled inspections and/or mandatory annual surveys and the strengthening of port State control requirements. Chapter II-1, Chapter II-2 and Chapter V were also improved.
The main amendments included the following:
New crude oil carriers and product carriers of 20,000 dwt and above were required to be fitted with an inert gas system.
An inert gas system became mandatory for existing crude oil carriers of 70,000 dwt and above by 1 May 1983, and by 1 May 1985 for ships of 20,000-70,000 dwt.
In the case of crude oil carriers of 20-40,000 dwt there was provision for exemption by flag States where it was considered unreasonable or impracticable to fit an inert gas system and high-capacity fixed washing machines are not used. But an inert gas system is always required when crude oil washing is operated.
An inert gas system was required on existing product carriers from 1 May 1983 and by 1 May 1985 for ships of 40-70,000 dwt and down to 20,000 dwt which were fitted with high capacity washing machines.
In addition to requiring that all ships of 1,600 grt and above be fitted with radar, the Protocol required that all ships of 10,000 grt and above have two radars, each capable of being operated independently.
All tankers of 10,000 grt and above to have two remote steering gear control systems, each operable separately from the navigating bridge.
The main steering gear of new tankers of 10,000 grt and above to comprise two or more identical power units, and be capable of operating the rudder with one or more power units.
top
top
Adoption: 17 February 1978
Entry into force: 1 May 1981
The 1978 Protocol was adopted at the International Conference on Tanker Safety and Pollution Prevention, which was convened in response to a spate of tanker accidents in 1976-1977.
The conference adopted measures affecting tanker design and operation, which were incorporated into both the SOLAS Protocol of 1978 as well as the Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol).
The 1978 SOLAS Protocol made a number of important changes to Chapter I, including the introduction of unscheduled inspections and/or mandatory annual surveys and the strengthening of port State control requirements. Chapter II-1, Chapter II-2 and Chapter V were also improved.
The main amendments included the following:
New crude oil carriers and product carriers of 20,000 dwt and above were required to be fitted with an inert gas system.
An inert gas system became mandatory for existing crude oil carriers of 70,000 dwt and above by 1 May 1983, and by 1 May 1985 for ships of 20,000-70,000 dwt.
In the case of crude oil carriers of 20-40,000 dwt there was provision for exemption by flag States where it was considered unreasonable or impracticable to fit an inert gas system and high-capacity fixed washing machines are not used. But an inert gas system is always required when crude oil washing is operated.
An inert gas system was required on existing product carriers from 1 May 1983 and by 1 May 1985 for ships of 40-70,000 dwt and down to 20,000 dwt which were fitted with high capacity washing machines.
In addition to requiring that all ships of 1,600 grt and above be fitted with radar, the Protocol required that all ships of 10,000 grt and above have two radars, each capable of being operated independently.
All tankers of 10,000 grt and above to have two remote steering gear control systems, each operable separately from the navigating bridge.
The main steering gear of new tankers of 10,000 grt and above to comprise two or more identical power units, and be capable of operating the rudder with one or more power units.
top
top
The
1981 amendments
Adoption: 20 November 1981
Entry into force: 1 September 1984
Chapters II-1 and II-2 were re-written and updated.
In Chapter II-1, the provisions of resolution A.325(IX) Recommendation concerning regulations for machinery and electrical installations in passenger and cargo ships (adopted in November 1975) were incorporated and made mandatory. Changes to regulations 29 and 30 on steering gear introduced the concept of duplication of steering gear control systems in tankers. These measures were agreed taking into account concerns following the 1978 Amoco Cadiz disaster and relevant provisions in the 1978 SOLAS Protocol.
Chapter II-2 was re-arranged to take into account strengthened fire safety requirements for cargo ships and passenger ships.
The revised Chapter II-2 incorporated the requirements of resolution A.327(IX) Recommendation concerning fire safety requirements for cargo ships, which included 21 regulations based on the principles of: separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; protection of means of escape; early detection, containment or extinction of any fire; and restricted use of combustible materials. Other amendments to Chapter II-2 related to provisions for halogenated hydrocarbon extinguishing systems, special requirements for ships carrying dangerous goods, and a new regulation 62 on inert gas systems.
Some important changes were also made to Chapter V, including the addition of new requirements concerning the carriage of shipborne navigational equipment, covering such matters as gyro and magnetic compasses; the mandatory carriage of two radars and of automatic radar plotting aids in ships of 10,000 grt and above; echo-sounders; devices to indicate speed and distance; rudder angle indicators; propeller revolution indicators; rate of turn indicators; radio-direction finding apparatus; and equipment for homing on the radiotelephone distress frequency.
In addition, a few minor changes were made to Chapter III; seven regulations in Chapter IV were replaced, amended or added and a number of small changes were made to Chapter VII.
top
top
Adoption: 20 November 1981
Entry into force: 1 September 1984
Chapters II-1 and II-2 were re-written and updated.
In Chapter II-1, the provisions of resolution A.325(IX) Recommendation concerning regulations for machinery and electrical installations in passenger and cargo ships (adopted in November 1975) were incorporated and made mandatory. Changes to regulations 29 and 30 on steering gear introduced the concept of duplication of steering gear control systems in tankers. These measures were agreed taking into account concerns following the 1978 Amoco Cadiz disaster and relevant provisions in the 1978 SOLAS Protocol.
Chapter II-2 was re-arranged to take into account strengthened fire safety requirements for cargo ships and passenger ships.
The revised Chapter II-2 incorporated the requirements of resolution A.327(IX) Recommendation concerning fire safety requirements for cargo ships, which included 21 regulations based on the principles of: separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; protection of means of escape; early detection, containment or extinction of any fire; and restricted use of combustible materials. Other amendments to Chapter II-2 related to provisions for halogenated hydrocarbon extinguishing systems, special requirements for ships carrying dangerous goods, and a new regulation 62 on inert gas systems.
Some important changes were also made to Chapter V, including the addition of new requirements concerning the carriage of shipborne navigational equipment, covering such matters as gyro and magnetic compasses; the mandatory carriage of two radars and of automatic radar plotting aids in ships of 10,000 grt and above; echo-sounders; devices to indicate speed and distance; rudder angle indicators; propeller revolution indicators; rate of turn indicators; radio-direction finding apparatus; and equipment for homing on the radiotelephone distress frequency.
In addition, a few minor changes were made to Chapter III; seven regulations in Chapter IV were replaced, amended or added and a number of small changes were made to Chapter VII.
top
top
The
1983 amendments
Adoption: 17 June 1983
Entry into force: 1 July 1986
The most extensive changes involved Chapter III, which was completely rewritten. The Chapter in the 1974 Convention differed little from the texts which appeared in the 1960 and 1948 SOLAS Conventions and the amendments were designed not only to take into account the many technical advances which had taken place since then but also to expedite the evaluation and introduction of further improvements.
There were also a few minor changes to Chapter II-1 and some further changes to Chapter II-2 (including improvements to the 1981 amendments) designed particularly to increase the safety of bulk carriers and passenger ships. Some small changes were made to Chapter IV.
Amendments to Chapter VII extended its application to chemical tankers and liquefied gas carriers by making reference to two new Codes, the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code). Both apply to ships built on or after 1 July 1986.
top
top
Adoption: 17 June 1983
Entry into force: 1 July 1986
The most extensive changes involved Chapter III, which was completely rewritten. The Chapter in the 1974 Convention differed little from the texts which appeared in the 1960 and 1948 SOLAS Conventions and the amendments were designed not only to take into account the many technical advances which had taken place since then but also to expedite the evaluation and introduction of further improvements.
There were also a few minor changes to Chapter II-1 and some further changes to Chapter II-2 (including improvements to the 1981 amendments) designed particularly to increase the safety of bulk carriers and passenger ships. Some small changes were made to Chapter IV.
Amendments to Chapter VII extended its application to chemical tankers and liquefied gas carriers by making reference to two new Codes, the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code). Both apply to ships built on or after 1 July 1986.
top
top
The
1988 (April) amendments
Adoption: 21 April 1988
Entry into force: 22 October 1989
In March 1987 the car ferry Herald of Free Enterprise capsized shortly after leaving Zeebrugge in Belgium and sank with the loss of 193 lives. The United Kingdom proposed a series of measures designed to prevent a recurrence, the first package of which was adopted in April 1988.
They included new regulations 23-2 and 42-1 of Chapter II-1 intended to improve monitoring of doors and cargo areas and to improve emergency lighting.
top
top
Adoption: 21 April 1988
Entry into force: 22 October 1989
In March 1987 the car ferry Herald of Free Enterprise capsized shortly after leaving Zeebrugge in Belgium and sank with the loss of 193 lives. The United Kingdom proposed a series of measures designed to prevent a recurrence, the first package of which was adopted in April 1988.
They included new regulations 23-2 and 42-1 of Chapter II-1 intended to improve monitoring of doors and cargo areas and to improve emergency lighting.
top
top
The
1988 (October) amendments
Adoption: 28 October 1988
Entry into force: 29 April 1990
Some of these amendments also resulted from the Herald of Free Enterprise disaster and included details of how stability of passenger ships in a damaged condition should be determined and a requirement for all cargo loading doors to be locked before a ship leaves the berth.
The amendments also made it compulsory for passenger ships to have a lightweight survey at least every five years to ensure their stability has not been adversely affected by the accumulation of extra weight or any alterations to the superstructure.
Other amendments concerning the stability of passenger ships in the damaged condition were also adopted. These regulations had been in preparation before the Herald of Free Enterprise incident and their adoption was brought forward.
top
top
Adoption: 28 October 1988
Entry into force: 29 April 1990
Some of these amendments also resulted from the Herald of Free Enterprise disaster and included details of how stability of passenger ships in a damaged condition should be determined and a requirement for all cargo loading doors to be locked before a ship leaves the berth.
The amendments also made it compulsory for passenger ships to have a lightweight survey at least every five years to ensure their stability has not been adversely affected by the accumulation of extra weight or any alterations to the superstructure.
Other amendments concerning the stability of passenger ships in the damaged condition were also adopted. These regulations had been in preparation before the Herald of Free Enterprise incident and their adoption was brought forward.
top
top
The
1988 Protocol (HSSC)
Adoption: 11 November 1988
Entry into force: 3 February 2000
The Protocol introduced a new harmonized system of surveys and certification (HSSC) to harmonize with two other Conventions, Load Lines and MARPOL 73/78. The aim is to alleviate problems caused by the fact that as requirements in the three instruments vary, ships may be obliged to go into dry-dock for a survey required by one convention shortly after being surveyed in connection with another.
By enabling the required surveys to be carried out at the same time, the system is intended to reduce costs for shipowners and administrations alike.
top
top
Adoption: 11 November 1988
Entry into force: 3 February 2000
The Protocol introduced a new harmonized system of surveys and certification (HSSC) to harmonize with two other Conventions, Load Lines and MARPOL 73/78. The aim is to alleviate problems caused by the fact that as requirements in the three instruments vary, ships may be obliged to go into dry-dock for a survey required by one convention shortly after being surveyed in connection with another.
By enabling the required surveys to be carried out at the same time, the system is intended to reduce costs for shipowners and administrations alike.
top
top
The
1988 (GMDSS) amendments
Adoption: 11 November 1988
Entry into force: 1 February 1992
IMO had begun work on the Global Maritime Distress and Safety System (GMDSS) in the 1970s and its introduction marked the biggest change to maritime communications since the invention of radio.
The amendments which replaced the existing Chapter IV phased in the introduction of the GMDSS in stages between 1993 and 1 February 1999. The basic concept of the system is that search and rescue authorities ashore, as well as ships in the vicinity, will be rapidly alerted in the event of an emergency.
The GMDSS makes great use of the satellite communications provided by Inmarsat but also uses terrestrial radio.
The equipment required by ships varies according to the sea area in which they operate - ships travelling to the high seas must carry more communications equipment than those which remain within reach of specified shore-based radio facilities. In addition to distress communications, the GMDSS also provides for the dissemination of general maritime safety information (such as navigational and meteorological warnings and urgent information to ships).
top
top
Adoption: 11 November 1988
Entry into force: 1 February 1992
IMO had begun work on the Global Maritime Distress and Safety System (GMDSS) in the 1970s and its introduction marked the biggest change to maritime communications since the invention of radio.
The amendments which replaced the existing Chapter IV phased in the introduction of the GMDSS in stages between 1993 and 1 February 1999. The basic concept of the system is that search and rescue authorities ashore, as well as ships in the vicinity, will be rapidly alerted in the event of an emergency.
The GMDSS makes great use of the satellite communications provided by Inmarsat but also uses terrestrial radio.
The equipment required by ships varies according to the sea area in which they operate - ships travelling to the high seas must carry more communications equipment than those which remain within reach of specified shore-based radio facilities. In addition to distress communications, the GMDSS also provides for the dissemination of general maritime safety information (such as navigational and meteorological warnings and urgent information to ships).
top
top
The
1989 amendments
Adoption: 11 April 1989
Entry into force: 1 February 1992
The main changes concern Chapter II-1 and II-2 of the Convention and deal with ships' construction and with fire protection, detection and extinction.
In Chapter II-1, one of the most important amendments is designed to reduce the number and size of openings in watertight bulkheads in passenger ships and to ensure that they are closed in the event of an emergency.
In Chapter II-2, improvements were made to regulations concerning fixed gas fire-extinguishing systems, smoke detection systems, arrangements for fuel and other oils, the location and separation of spaces and several other regulations.
The International Gas Carrier Code - which is mandatory under SOLAS - was also amended.
top
top
Adoption: 11 April 1989
Entry into force: 1 February 1992
The main changes concern Chapter II-1 and II-2 of the Convention and deal with ships' construction and with fire protection, detection and extinction.
In Chapter II-1, one of the most important amendments is designed to reduce the number and size of openings in watertight bulkheads in passenger ships and to ensure that they are closed in the event of an emergency.
In Chapter II-2, improvements were made to regulations concerning fixed gas fire-extinguishing systems, smoke detection systems, arrangements for fuel and other oils, the location and separation of spaces and several other regulations.
The International Gas Carrier Code - which is mandatory under SOLAS - was also amended.
top
top
The
1990 amendments
Adoption: May 1990
Entry into force: 1 February 1992
Important changes were made to the way in which the subdivision and stability of dry cargo ships is determined. They apply to ships of 100 metres or more in length built on or after 1 February 1992.
The amendments introduced a new part B-1 of Chapter II-1 containing subdivision and damage stability requirements for cargo ships based upon the so-called "probabilistic" concept of survival, which was originally developed through study of data relating to collisions collected by IMO.
This showed a pattern in accidents which could be used in improving the design of ships: most damage, for example, is sustained in the forward part of ships and it seemed logical, therefore, to improve the standard of subdivision there rather than towards the stern. Because it is based on statistical evidence as to what actually happens when ships collide, the probabilistic concept provides a far more realistic scenario than the earlier "deterministic" method, whose principles regarding the subdivision of passenger ships are theoretical rather than practical in concept.
Amendments were also made to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code).
top
top
Adoption: May 1990
Entry into force: 1 February 1992
Important changes were made to the way in which the subdivision and stability of dry cargo ships is determined. They apply to ships of 100 metres or more in length built on or after 1 February 1992.
The amendments introduced a new part B-1 of Chapter II-1 containing subdivision and damage stability requirements for cargo ships based upon the so-called "probabilistic" concept of survival, which was originally developed through study of data relating to collisions collected by IMO.
This showed a pattern in accidents which could be used in improving the design of ships: most damage, for example, is sustained in the forward part of ships and it seemed logical, therefore, to improve the standard of subdivision there rather than towards the stern. Because it is based on statistical evidence as to what actually happens when ships collide, the probabilistic concept provides a far more realistic scenario than the earlier "deterministic" method, whose principles regarding the subdivision of passenger ships are theoretical rather than practical in concept.
Amendments were also made to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code).
top
top
The
1991 amendments
Adoption: 24 May 1991
Entry into force: 1 January 1994
Chapter VI (Carriage of grain) was completely revised to extend it to include other cargoes and it was retitled Carriage of cargoes. The text is shorter, but the Chapter is backed up by two new Codes. The International Grain Code is mandatory while the Code of Safe Practice for Cargo Stowage and Securing is recommended. The Chapter also refers to the Code of Safe Practice for Ships Carrying Timber Deck Cargoes and the Code of Safe Practice for Solid Bulk Cargoes. In Chapter II-2, fire safety requirements for passenger ships were improved and other changes were made to Chapter III and Chapter V.
top
top
Adoption: 24 May 1991
Entry into force: 1 January 1994
Chapter VI (Carriage of grain) was completely revised to extend it to include other cargoes and it was retitled Carriage of cargoes. The text is shorter, but the Chapter is backed up by two new Codes. The International Grain Code is mandatory while the Code of Safe Practice for Cargo Stowage and Securing is recommended. The Chapter also refers to the Code of Safe Practice for Ships Carrying Timber Deck Cargoes and the Code of Safe Practice for Solid Bulk Cargoes. In Chapter II-2, fire safety requirements for passenger ships were improved and other changes were made to Chapter III and Chapter V.
top
top
The
April 1992 amendments
Adoption: 10 April 1992
Entry into force: 1 October 1994
New standards concerning the stability of existing ro-ro passenger ships after damage were included in amendments to Chapter II-1. They were based on measures to improve the damage stability of new ro-ro passenger ships which came into force on 29 April 1990 but were slightly modified. The measures were phased in over an 11-year period beginning 1 October 1994.
A number of other amendments to SOLAS were adopted, including improved fire safety measures for existing passenger ships carrying more than 36 passengers, including mandatory requirements for smoke detection and alarm and sprinkler systems in accommodation and service spaces, stairway enclosures and corridors. Other improvements involved the provision of emergency lighting, general emergency alarm systems and other means of communication.
Some of these measures became applicable for existing ships on 1 October 1994. Those dealing with smoke detection and alarm systems and sprinklers applied from 1 October 1997. Requirements concerning stairways of steel-frame construction, for fire-extinguishing systems in machinery spaces and for fire doors were mandatory from 1 October 2000.
The April 1992 amendments were particularly important because they applied to existing ships. In the past, major changes to SOLAS had been restricted to new ships by so-called "grandfather clauses". The reason for this is that major changes involve expensive modifications to most ships, and there had previously been a reluctance to make such measures retroactive.
top
top
Adoption: 10 April 1992
Entry into force: 1 October 1994
New standards concerning the stability of existing ro-ro passenger ships after damage were included in amendments to Chapter II-1. They were based on measures to improve the damage stability of new ro-ro passenger ships which came into force on 29 April 1990 but were slightly modified. The measures were phased in over an 11-year period beginning 1 October 1994.
A number of other amendments to SOLAS were adopted, including improved fire safety measures for existing passenger ships carrying more than 36 passengers, including mandatory requirements for smoke detection and alarm and sprinkler systems in accommodation and service spaces, stairway enclosures and corridors. Other improvements involved the provision of emergency lighting, general emergency alarm systems and other means of communication.
Some of these measures became applicable for existing ships on 1 October 1994. Those dealing with smoke detection and alarm systems and sprinklers applied from 1 October 1997. Requirements concerning stairways of steel-frame construction, for fire-extinguishing systems in machinery spaces and for fire doors were mandatory from 1 October 2000.
The April 1992 amendments were particularly important because they applied to existing ships. In the past, major changes to SOLAS had been restricted to new ships by so-called "grandfather clauses". The reason for this is that major changes involve expensive modifications to most ships, and there had previously been a reluctance to make such measures retroactive.
top
top
The
December 1992 amendments
Adoption: 11 December 1992
Entry into force: 1 October 1994
The most important amendments were concerned with the fire safety of new passenger ships. They made it mandatory for new ships (i.e. those built after 1 October 1994) carrying more than 36 passengers to be fitted with automatic sprinklers and a fire detection and alarm system centralized in a continuously-manned remote control station. Controls for the remote closing of fire doors and shutting down of ventilation fans must be located at the same place.
New standards for the fire integrity of bulkheads and decks were introduced and improvements made to standards for corridors and stairways used as a means of escape in case of fire. Emergency lighting which can be used by passengers to identify escape routes is required.
Other amendments affected the fire safety of ships carrying 36 passengers or less and also oil tanker fire safety.
Three Codes were also amended. Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) entered into force on 1 July 1994 and affect ships built after that date.
Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) entered into force on 1 July 1994. The Code is voluntary and applies to existing ships.
top
top
Adoption: 11 December 1992
Entry into force: 1 October 1994
The most important amendments were concerned with the fire safety of new passenger ships. They made it mandatory for new ships (i.e. those built after 1 October 1994) carrying more than 36 passengers to be fitted with automatic sprinklers and a fire detection and alarm system centralized in a continuously-manned remote control station. Controls for the remote closing of fire doors and shutting down of ventilation fans must be located at the same place.
New standards for the fire integrity of bulkheads and decks were introduced and improvements made to standards for corridors and stairways used as a means of escape in case of fire. Emergency lighting which can be used by passengers to identify escape routes is required.
Other amendments affected the fire safety of ships carrying 36 passengers or less and also oil tanker fire safety.
Three Codes were also amended. Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) entered into force on 1 July 1994 and affect ships built after that date.
Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) entered into force on 1 July 1994. The Code is voluntary and applies to existing ships.
top
top
The
May 1994 amendments (Conference)
Adoption: 24 May 1994
Entry into force: 1 January 1996 (Chapters X, XI) 1 July 1998 (Chapter IX)
The Conference adopted three new SOLAS Chapters as well as a resolution on an accelerated amendment procedure.
Accelerated amendment procedure
The Conference adopted a resolution on an accelerated amendment procedure to be used in exceptional circumstances. It states that a Conference of Contracting Governments can reduce the period after which an amendment to the technical Chapters of the Convention (which excludes the articles and Chapter I) is deemed to have been accepted from 12 months to six months, in exceptional circumstances.
Article VIII of SOLAS deals with the procedures for amending the Convention. The existing text says that proposed amendments have to be circulated to Governments at least six months prior to adoption and cannot enter into force until at least 18 months after adoption. This makes a total of 24 months, from circulation (six months), through adoption, to deemed acceptance date (12 months after adoption), to entry into force (six months after deemed acceptance date).
The resolution adopted by the conference states that the circulation period will remain at six months as will the period between the date on which the amendment is deemed to have been accepted and the date of entry into force. But the period between adoption and deemed acceptance date can be reduced to six months from 12. The total period between circulation of an amendment and its entry into force could thus be reduced from 24 months to 18 - in exceptional circumstances.
top
top
Adoption: 24 May 1994
Entry into force: 1 January 1996 (Chapters X, XI) 1 July 1998 (Chapter IX)
The Conference adopted three new SOLAS Chapters as well as a resolution on an accelerated amendment procedure.
Accelerated amendment procedure
The Conference adopted a resolution on an accelerated amendment procedure to be used in exceptional circumstances. It states that a Conference of Contracting Governments can reduce the period after which an amendment to the technical Chapters of the Convention (which excludes the articles and Chapter I) is deemed to have been accepted from 12 months to six months, in exceptional circumstances.
Article VIII of SOLAS deals with the procedures for amending the Convention. The existing text says that proposed amendments have to be circulated to Governments at least six months prior to adoption and cannot enter into force until at least 18 months after adoption. This makes a total of 24 months, from circulation (six months), through adoption, to deemed acceptance date (12 months after adoption), to entry into force (six months after deemed acceptance date).
The resolution adopted by the conference states that the circulation period will remain at six months as will the period between the date on which the amendment is deemed to have been accepted and the date of entry into force. But the period between adoption and deemed acceptance date can be reduced to six months from 12. The total period between circulation of an amendment and its entry into force could thus be reduced from 24 months to 18 - in exceptional circumstances.
top
top
Chapter
IX: Management for the Safe Operation of Ships
This new Chapter to the Convention was designed to make mandatory the International Safety Management Code, which was adopted by IMO in November 1993 (Assembly resolution A.741(18)).
The amendments introducing the new Chapter IX entered into force on 1 July 1998. The Chapter applies to passenger ships and tankers from that date and to cargo ships and mobile drilling units of 500 gross tonnage and above from 1 July 2002.
The Code establishes safety management objectives which are:
- to provide for safe practices in ship operation and a safe working environment;
- to establish safeguards against all identified risks;
- to continuously improve safety management skills of personnel, including preparing for emergencies.
The Code requires a safety management system (SMS) to be established by "the Company", which is defined as the shipowner or any person, such as the manager or bareboat charterer, who has assumed responsibility for operating the ship.
The company is then required to establish and implement a policy for achieving these objectives. This includes providing the necessary resources and shore-based support. Every company is expected "to designate a person or persons ashore having direct access to the highest level of management".
The procedures required by the ISM Code should be documented and compiled in a Safety Management Manual, a copy of which should be kept on board.
top
top
This new Chapter to the Convention was designed to make mandatory the International Safety Management Code, which was adopted by IMO in November 1993 (Assembly resolution A.741(18)).
The amendments introducing the new Chapter IX entered into force on 1 July 1998. The Chapter applies to passenger ships and tankers from that date and to cargo ships and mobile drilling units of 500 gross tonnage and above from 1 July 2002.
The Code establishes safety management objectives which are:
- to provide for safe practices in ship operation and a safe working environment;
- to establish safeguards against all identified risks;
- to continuously improve safety management skills of personnel, including preparing for emergencies.
The Code requires a safety management system (SMS) to be established by "the Company", which is defined as the shipowner or any person, such as the manager or bareboat charterer, who has assumed responsibility for operating the ship.
The company is then required to establish and implement a policy for achieving these objectives. This includes providing the necessary resources and shore-based support. Every company is expected "to designate a person or persons ashore having direct access to the highest level of management".
The procedures required by the ISM Code should be documented and compiled in a Safety Management Manual, a copy of which should be kept on board.
top
top
Chapter
X: Safety Measures for High Speed Craft
The new Chapter made mandatory the International Code of Safety for High-Speed Craft.
top
top
The new Chapter made mandatory the International Code of Safety for High-Speed Craft.
top
top
Chapter
XI: Special Measures to Enhance Safety:
The new Chapter entered into force on 1 January 1996.
Regulation 1 states that organizations entrusted by an Administration with the responsibility for carrying out surveys and inspections shall comply with the guidelines adopted by IMO in resolution A.739(18) in November 1993.
Regulation 2 extends to bulk carriers aged five years and above, the enhanced programme of surveys applicable to tankers under MARPOL 73/78. The enhanced surveys should be carried out during the periodical, annual and intermediate surveys prescribed by the MARPOL and SOLAS Conventions.
The related guidelines on enhanced surveys pay special attention to corrosion. Coatings and tank corrosion prevention systems must be thoroughly checked and measurements must also be carried out to check the thickness of plates.
Regulation 3 provides that all passenger ships of 100 gross tonnage and above and all cargo ships of 300 gross tonnage and above shall be provided with an identification number conforming to the IMO ship identification number scheme, as adopted by resolution A.600(15) in 1987.
Regulation 4 makes it possible for port State control officers inspecting foreign ships to check operational requirements "when there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the safety of ships"
Reference is made to resolution A.742(18), adopted in November 1993. The resolution acknowledges the need for port States to be able to monitor not only the way in which foreign ships comply with IMO standards but also to be able to assess "the ability of ships' crews in respect of operational requirements relevant to their duties, especially with regard to passenger ships and ships which may present a special hazard"
The "clear grounds" referred to are defined in the annex to the resolution. They include such factors as operational shortcomings, cargo operations not being conducted properly, the involvement of the ship in incidents caused by operational mistakes, absence of an up-to-date muster list and indications that crew members may not be able to communicate with each other.
Port State control inspections are normally limited to checking certificates and documents. But if certificates are not valid or if there are clear grounds for believing that the condition of the ship or of its equipment, or its crew, does not substantially meet the requirements of a relevant instrument, a more detailed inspection may be carried out.
The operations and procedures selected for special attention include ascertaining that crew members are aware of their duties as indicated in the muster list; communications; fire and abandon ship drills; familiarity with the ship's damage control and fire control plans; bridge, cargo and machinery operations; and ability to understand manuals and other instructions.
top
top
The new Chapter entered into force on 1 January 1996.
Regulation 1 states that organizations entrusted by an Administration with the responsibility for carrying out surveys and inspections shall comply with the guidelines adopted by IMO in resolution A.739(18) in November 1993.
Regulation 2 extends to bulk carriers aged five years and above, the enhanced programme of surveys applicable to tankers under MARPOL 73/78. The enhanced surveys should be carried out during the periodical, annual and intermediate surveys prescribed by the MARPOL and SOLAS Conventions.
The related guidelines on enhanced surveys pay special attention to corrosion. Coatings and tank corrosion prevention systems must be thoroughly checked and measurements must also be carried out to check the thickness of plates.
Regulation 3 provides that all passenger ships of 100 gross tonnage and above and all cargo ships of 300 gross tonnage and above shall be provided with an identification number conforming to the IMO ship identification number scheme, as adopted by resolution A.600(15) in 1987.
Regulation 4 makes it possible for port State control officers inspecting foreign ships to check operational requirements "when there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the safety of ships"
Reference is made to resolution A.742(18), adopted in November 1993. The resolution acknowledges the need for port States to be able to monitor not only the way in which foreign ships comply with IMO standards but also to be able to assess "the ability of ships' crews in respect of operational requirements relevant to their duties, especially with regard to passenger ships and ships which may present a special hazard"
The "clear grounds" referred to are defined in the annex to the resolution. They include such factors as operational shortcomings, cargo operations not being conducted properly, the involvement of the ship in incidents caused by operational mistakes, absence of an up-to-date muster list and indications that crew members may not be able to communicate with each other.
Port State control inspections are normally limited to checking certificates and documents. But if certificates are not valid or if there are clear grounds for believing that the condition of the ship or of its equipment, or its crew, does not substantially meet the requirements of a relevant instrument, a more detailed inspection may be carried out.
The operations and procedures selected for special attention include ascertaining that crew members are aware of their duties as indicated in the muster list; communications; fire and abandon ship drills; familiarity with the ship's damage control and fire control plans; bridge, cargo and machinery operations; and ability to understand manuals and other instructions.
top
top
The
May 1994 amendments
Adoption: 25 May 1994
Entry into force: 1 January 1996
Three new regulations were added to Chapter V:
Regulation 15.1 required all tankers of 20,000 dwt and above built after 1 January 1996 to be fitted with an emergency towing arrangement to be fitted at both ends of the ship. Tankers built before that date had to be fitted with a similar arrangement not later than 1 January 1999.
Regulation 22 was aimed at improving navigation bridge visibility.
Regulation 8.1 made mandatory the use of ship reporting systems approved by IMO. General principles for ship reporting systems were previously adopted by IMO in 1989 as a recommendation. The systems are used to provide, gather or exchange information through radio reports.
The regulation made it mandatory for ships entering areas covered by ship reporting systems to report in to the coastal authorities giving details of sailing plans.
In Chapter II-2 improvements were made to regulation 15, which deals with fire protection arrangements for fuel oil, lubrication oil and other flammable oils.
Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) and the Code for the Construction and Equipment of Ships Carrying Liquefied Gases (Gas Carrier Code) relate to the filling limits for cargo tanks.
top
top
Adoption: 25 May 1994
Entry into force: 1 January 1996
Three new regulations were added to Chapter V:
Regulation 15.1 required all tankers of 20,000 dwt and above built after 1 January 1996 to be fitted with an emergency towing arrangement to be fitted at both ends of the ship. Tankers built before that date had to be fitted with a similar arrangement not later than 1 January 1999.
Regulation 22 was aimed at improving navigation bridge visibility.
Regulation 8.1 made mandatory the use of ship reporting systems approved by IMO. General principles for ship reporting systems were previously adopted by IMO in 1989 as a recommendation. The systems are used to provide, gather or exchange information through radio reports.
The regulation made it mandatory for ships entering areas covered by ship reporting systems to report in to the coastal authorities giving details of sailing plans.
In Chapter II-2 improvements were made to regulation 15, which deals with fire protection arrangements for fuel oil, lubrication oil and other flammable oils.
Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) and the Code for the Construction and Equipment of Ships Carrying Liquefied Gases (Gas Carrier Code) relate to the filling limits for cargo tanks.
top
top
The
December 1994 amendments
Adoption: 9 December 1994
Entry into force: 1 July 1996
In Chapter VI (Carriage of Cargoes), the Code of Safe Practice for Cargo Stowage and Securing was made mandatory. The Code was adopted as a recommendation in 1991. The amendments made it mandatory to provide the cargo information required by the Code and for cargo units, including containers, to be loaded, stowed and secured in accordance with a manual that must be at least equivalent to the Code.
The Code was also made mandatory under Chapter VII (Carriage of dangerous goods).
top
top
Adoption: 9 December 1994
Entry into force: 1 July 1996
In Chapter VI (Carriage of Cargoes), the Code of Safe Practice for Cargo Stowage and Securing was made mandatory. The Code was adopted as a recommendation in 1991. The amendments made it mandatory to provide the cargo information required by the Code and for cargo units, including containers, to be loaded, stowed and secured in accordance with a manual that must be at least equivalent to the Code.
The Code was also made mandatory under Chapter VII (Carriage of dangerous goods).
top
top
The
May 1995 amendments
Adoption: 16 May 1995
Entry into force: 1 January 1997
Regulation 8 of Chapter V was amended to make ships' routeing systems compulsory. Governments are responsible for submitting proposals for ships' routeing systems to IMO in accordance with amendments to the General Provisions on Ships' Routeing, which were adopted at the same time.
top
top
Adoption: 16 May 1995
Entry into force: 1 January 1997
Regulation 8 of Chapter V was amended to make ships' routeing systems compulsory. Governments are responsible for submitting proposals for ships' routeing systems to IMO in accordance with amendments to the General Provisions on Ships' Routeing, which were adopted at the same time.
top
top
The
November 1995 amendments (Conference)
Adopted: 29 November 1995
Entry into force: 1 July 1997
The conference adopted a series of amendments to SOLAS, based on proposals put forward by the Panel of Experts on the safety of roll on-roll off passenger ships which was established in December 1994 following the sinking of the ferry Estonia.
The most important changes relate to the stability of ro-ro passenger ships in Chapter II-1.
The SOLAS 90 damage stability standard, which had applied to all ro-ro passenger ships built since 1990, was extended to existing ships in accordance with an agreed phase-in programme. Ships that only meet 85% of the standard had to comply fully by 1 October 1998 and those meeting 97.5% or above, by 1 October 2005. (The SOLAS 90 standard refers to the damage stability standard in the 1988 (October) amendments to SOLAS adopted 28 October 1988 and entering into force on 29 April 1990.)
The conference also adopted a new regulation 8-2, containing special requirements for ro-ro passenger ships carrying 400 passengers or more. This is intended to phase out ships built to a one-compartment standard and ensure that they can survive without capsizing with two main compartments flooded following damage.
Amendments to other Chapters in the SOLAS Convention included changes to Chapter III, which deals with life saving appliances and arrangements, including the addition of a section requiring ro-ro passenger ships to be fitted with public address systems, a regulation providing improved requirements for life-saving appliances and arrangements and a requirement for all passenger ships to have full information on the details of passengers on board and requirements for the provision of a helicopter pick-up or landing area.
Other amendments were made to Chapter IV (radiocommunications); Chapter V (safety of navigation) - including a requirement that all ro-ro passenger ships should have an established working language - and Chapter VI (carriage of cargoes).
The conference also adopted a resolution which permits regional arrangements to be made on special safety requirements for ro-ro passenger ships.
top
top
Adopted: 29 November 1995
Entry into force: 1 July 1997
The conference adopted a series of amendments to SOLAS, based on proposals put forward by the Panel of Experts on the safety of roll on-roll off passenger ships which was established in December 1994 following the sinking of the ferry Estonia.
The most important changes relate to the stability of ro-ro passenger ships in Chapter II-1.
The SOLAS 90 damage stability standard, which had applied to all ro-ro passenger ships built since 1990, was extended to existing ships in accordance with an agreed phase-in programme. Ships that only meet 85% of the standard had to comply fully by 1 October 1998 and those meeting 97.5% or above, by 1 October 2005. (The SOLAS 90 standard refers to the damage stability standard in the 1988 (October) amendments to SOLAS adopted 28 October 1988 and entering into force on 29 April 1990.)
The conference also adopted a new regulation 8-2, containing special requirements for ro-ro passenger ships carrying 400 passengers or more. This is intended to phase out ships built to a one-compartment standard and ensure that they can survive without capsizing with two main compartments flooded following damage.
Amendments to other Chapters in the SOLAS Convention included changes to Chapter III, which deals with life saving appliances and arrangements, including the addition of a section requiring ro-ro passenger ships to be fitted with public address systems, a regulation providing improved requirements for life-saving appliances and arrangements and a requirement for all passenger ships to have full information on the details of passengers on board and requirements for the provision of a helicopter pick-up or landing area.
Other amendments were made to Chapter IV (radiocommunications); Chapter V (safety of navigation) - including a requirement that all ro-ro passenger ships should have an established working language - and Chapter VI (carriage of cargoes).
The conference also adopted a resolution which permits regional arrangements to be made on special safety requirements for ro-ro passenger ships.
top
top
The
June 1996 amendments
Adoption: 4 June 1996
Entry into force: 1 July 1998
A completely revised Chapter III on life-saving appliances and arrangements was adopted. The amendments take into account changes in technology since the Chapter had been last re-written in 1983.
Many of the technical requirements were transferred to a new International Life-Saving Appliance (LSA) Code, applicable to all ships built on or after 1 July 1998. Some of the amendments apply to existing ships as well as new ones.
Other SOLAS Chapters were also amended.
In Chapter II-1, a new part A-1 dealing with the structure of ships was added. Regulation 3-1 requires ships to be designed, constructed and maintained in compliance with structural requirements of a recognized classification society or with applicable requirements by the Administration. Regulation 3-2 deals with corrosion prevention of seawater ballast tanks and other amendments to Chapter II-1 concern the stability of passenger and cargo ships in the damaged condition.
In Chapter VI, Regulation 7 was replaced by a new text dealing with the loading, unloading and stowage of bulk cargoes. It is intended to ensure that no excessive stress is placed on the ship's structure during such operations. The ship must be provided with a booklet giving advice on cargo handling operations and the master and terminal representative must agree on a plan to ensure that loading and unloading is carried out safely.
In Chapter XI, an amendment was made regarding authorization of recognized organizations.
The International Bulk Chemicals (IBC) and Bulk Chemicals (BCH) Codes were also amended. The IBC Code is mandatory under SOLAS and applies to ships carrying dangerous chemicals in bulk that were built after 1 July 1986. The BCH is recommended and applies to ships built before that date.
top
top
Adoption: 4 June 1996
Entry into force: 1 July 1998
A completely revised Chapter III on life-saving appliances and arrangements was adopted. The amendments take into account changes in technology since the Chapter had been last re-written in 1983.
Many of the technical requirements were transferred to a new International Life-Saving Appliance (LSA) Code, applicable to all ships built on or after 1 July 1998. Some of the amendments apply to existing ships as well as new ones.
Other SOLAS Chapters were also amended.
In Chapter II-1, a new part A-1 dealing with the structure of ships was added. Regulation 3-1 requires ships to be designed, constructed and maintained in compliance with structural requirements of a recognized classification society or with applicable requirements by the Administration. Regulation 3-2 deals with corrosion prevention of seawater ballast tanks and other amendments to Chapter II-1 concern the stability of passenger and cargo ships in the damaged condition.
In Chapter VI, Regulation 7 was replaced by a new text dealing with the loading, unloading and stowage of bulk cargoes. It is intended to ensure that no excessive stress is placed on the ship's structure during such operations. The ship must be provided with a booklet giving advice on cargo handling operations and the master and terminal representative must agree on a plan to ensure that loading and unloading is carried out safely.
In Chapter XI, an amendment was made regarding authorization of recognized organizations.
The International Bulk Chemicals (IBC) and Bulk Chemicals (BCH) Codes were also amended. The IBC Code is mandatory under SOLAS and applies to ships carrying dangerous chemicals in bulk that were built after 1 July 1986. The BCH is recommended and applies to ships built before that date.
top
top
The
December 1996 amendments
Adoption: 6 December 1996
Entry into force: 1 July 1998
Chapter II-2 was considerably modified, with changes to the general introduction, Part B (fire safety measures for passenger ships), Part C (fire safety measures for cargo ships) and Part D (fire safety measures for tankers). The changes made mandatory a new International Code for Application of Fire Test Procedures intended to be used by Administrations when approving products for installation in ships flying their flag.
Amendments to Chapter II-1 included a requirement for ships to be fitted with a system to ensure that the equipment necessary for propulsion and steering are maintained or immediately restored in the case of loss of any one of the generators in service.
An amendment to Chapter V aims to ensure that the crew can gain safe access to the ship's bow, even in severe weather conditions. Amendments were also made to two regulations in Chapter VII relating to carriage of dangerous goods and the IBC Code was also amended.
top
top
Adoption: 6 December 1996
Entry into force: 1 July 1998
Chapter II-2 was considerably modified, with changes to the general introduction, Part B (fire safety measures for passenger ships), Part C (fire safety measures for cargo ships) and Part D (fire safety measures for tankers). The changes made mandatory a new International Code for Application of Fire Test Procedures intended to be used by Administrations when approving products for installation in ships flying their flag.
Amendments to Chapter II-1 included a requirement for ships to be fitted with a system to ensure that the equipment necessary for propulsion and steering are maintained or immediately restored in the case of loss of any one of the generators in service.
An amendment to Chapter V aims to ensure that the crew can gain safe access to the ship's bow, even in severe weather conditions. Amendments were also made to two regulations in Chapter VII relating to carriage of dangerous goods and the IBC Code was also amended.
top
top
The
June 1997 amendments
Adoption: 4 June 1997
Entry into force: 1 July 1999
The amendments included a new Regulation 8.2 on Vessel Traffic Services (VTS) in Chapter V. VTS are traffic management systems, for example those used in busy straits. This Regulation sets out when VTS can be implemented. It says Vessel Traffic Services should be designed to contribute to the safety of life at sea, safety and efficiency of navigation and the protection of the marine environment, adjacent shore areas, worksites and offshore installations from possible adverse effects of maritime traffic.
Governments may establish VTS when, in their opinion, the volume of traffic or the degree of risk justifies such services. But no VTS should prejudice the "rights and duties of governments under international law" and a VTS may only be made mandatory in sea areas within a State's territorial waters.
In Chapter II-1, a new regulation 8.3 on "Special requirements for passenger ships, other than ro-ro passenger ships, carrying 400 persons or more" effectively makes these ships comply with the special requirements for ro-ro passenger ships in Regulation 8.2 which were adopted in November 1995. The special requirements are aimed at ensuring the ships can survive without capsizing with two main compartments flooded following damage.
top
top
Adoption: 4 June 1997
Entry into force: 1 July 1999
The amendments included a new Regulation 8.2 on Vessel Traffic Services (VTS) in Chapter V. VTS are traffic management systems, for example those used in busy straits. This Regulation sets out when VTS can be implemented. It says Vessel Traffic Services should be designed to contribute to the safety of life at sea, safety and efficiency of navigation and the protection of the marine environment, adjacent shore areas, worksites and offshore installations from possible adverse effects of maritime traffic.
Governments may establish VTS when, in their opinion, the volume of traffic or the degree of risk justifies such services. But no VTS should prejudice the "rights and duties of governments under international law" and a VTS may only be made mandatory in sea areas within a State's territorial waters.
In Chapter II-1, a new regulation 8.3 on "Special requirements for passenger ships, other than ro-ro passenger ships, carrying 400 persons or more" effectively makes these ships comply with the special requirements for ro-ro passenger ships in Regulation 8.2 which were adopted in November 1995. The special requirements are aimed at ensuring the ships can survive without capsizing with two main compartments flooded following damage.
top
top
The
November 1997 amendments (Conference)
Adoption: 27 November 1997
Entry into force: 1 July 1999
The Conference adopted a Protocol adding a new Chapter XII to the Convention entitled Additional Safety Measures for Bulk Carriers.
The regulations state that all new bulk carriers 150 metres or more in length (built after 1 July 1999) carrying cargoes with a density of 1,000 kg/m3 and above should have sufficient strength to withstand flooding of any one cargo hold, taking into account dynamic effects resulting from presence of water in the hold and taking into account the recommendations adopted by IMO.
For existing ships (built before 1 July 1999) carrying bulk cargoes with a density of 1,780 kg/m3 and above, the transverse watertight bulkhead between the two foremost cargo holds and the double bottom of the foremost cargo hold should have sufficient strength to withstand flooding and the related dynamic effects in the foremost cargo hold.
Cargoes with a density of 1,780 kg/m3 and above (heavy cargoes) include iron ore, pig iron, steel, bauxite and cement. Lighter cargoes, but with a density of more than 1,000 kg/m3, include grains such as wheat and rice, and timber.
The amendments take into account a study into bulk carrier survivability carried out by the International Association of Classification Societies (IACS) at the request of IMO. IACS found that if a ship is flooded in the forward hold, the bulkhead between the two foremost holds may not be able to withstand the pressure that results from the sloshing mixture of cargo and water, especially if the ship is loaded in alternate holds with high density cargoes (such as iron ore). If the bulkhead between one hold and the next collapses, progressive flooding could rapidly occur throughout the length of the ship and the vessel would sink in a matter of minutes.
IACS concluded that the most vulnerable areas are the bulkhead between numbers one and two holds at the forward end of the vessel and the double bottom of the ship at this location. During special surveys of ships, particular attention should be paid to these areas and, where necessary, reinforcements should be carried out.
The criteria and formulae used to assess whether a ship currently meets the new requirements, for example in terms of the thickness of the steel used for bulkhead structures, or whether reinforcement is necessary, are laid out in IMO standards adopted by the 1997 Conference.
Under Chapter XII, surveyors can take into account restrictions on the cargo carried in considering the need for, and the extent of, strengthening of the transverse watertight bulkhead or double bottom. When restrictions on cargoes are imposed, the bulk carrier should be permanently marked with a solid triangle on its side shell. The date of application of the new Chapter to existing bulk carriers depends on their age. Bulk carriers which are 20 years old and over on 1 July 1999 have to comply by the date of the first intermediate or periodic survey after that date, whichever is sooner. Bulk carriers aged 15-20 years must comply by the first periodical survey after 1 July 1999, but not later than 1 July 2002. Bulk carriers less than 15 years old must comply by the date of the first periodical survey after the ship reaches 15 years of age, but not later than the date on which the ship reaches 17 years of age.
top
top
Adoption: 27 November 1997
Entry into force: 1 July 1999
The Conference adopted a Protocol adding a new Chapter XII to the Convention entitled Additional Safety Measures for Bulk Carriers.
The regulations state that all new bulk carriers 150 metres or more in length (built after 1 July 1999) carrying cargoes with a density of 1,000 kg/m3 and above should have sufficient strength to withstand flooding of any one cargo hold, taking into account dynamic effects resulting from presence of water in the hold and taking into account the recommendations adopted by IMO.
For existing ships (built before 1 July 1999) carrying bulk cargoes with a density of 1,780 kg/m3 and above, the transverse watertight bulkhead between the two foremost cargo holds and the double bottom of the foremost cargo hold should have sufficient strength to withstand flooding and the related dynamic effects in the foremost cargo hold.
Cargoes with a density of 1,780 kg/m3 and above (heavy cargoes) include iron ore, pig iron, steel, bauxite and cement. Lighter cargoes, but with a density of more than 1,000 kg/m3, include grains such as wheat and rice, and timber.
The amendments take into account a study into bulk carrier survivability carried out by the International Association of Classification Societies (IACS) at the request of IMO. IACS found that if a ship is flooded in the forward hold, the bulkhead between the two foremost holds may not be able to withstand the pressure that results from the sloshing mixture of cargo and water, especially if the ship is loaded in alternate holds with high density cargoes (such as iron ore). If the bulkhead between one hold and the next collapses, progressive flooding could rapidly occur throughout the length of the ship and the vessel would sink in a matter of minutes.
IACS concluded that the most vulnerable areas are the bulkhead between numbers one and two holds at the forward end of the vessel and the double bottom of the ship at this location. During special surveys of ships, particular attention should be paid to these areas and, where necessary, reinforcements should be carried out.
The criteria and formulae used to assess whether a ship currently meets the new requirements, for example in terms of the thickness of the steel used for bulkhead structures, or whether reinforcement is necessary, are laid out in IMO standards adopted by the 1997 Conference.
Under Chapter XII, surveyors can take into account restrictions on the cargo carried in considering the need for, and the extent of, strengthening of the transverse watertight bulkhead or double bottom. When restrictions on cargoes are imposed, the bulk carrier should be permanently marked with a solid triangle on its side shell. The date of application of the new Chapter to existing bulk carriers depends on their age. Bulk carriers which are 20 years old and over on 1 July 1999 have to comply by the date of the first intermediate or periodic survey after that date, whichever is sooner. Bulk carriers aged 15-20 years must comply by the first periodical survey after 1 July 1999, but not later than 1 July 2002. Bulk carriers less than 15 years old must comply by the date of the first periodical survey after the ship reaches 15 years of age, but not later than the date on which the ship reaches 17 years of age.
top
top
The
May 1998 amendments
Adoption: 18 May 1998
Entry into force: 1 July 2002
Amendments were made to regulation 14 on Construction and initial testing of watertight bulkheads, etc., in passenger ships and cargo ships in Chapter II-1. Paragraph 3 is replaced to allow visual examination of welded connections, where filling with water or a hose test are not practicable.
In Chapter IV, the amendments included:
a new regulation 5-1 requiring Contracting Governments to ensure suitable arrangements are in place for registering Global Maritime Distress and Safety System (GMDSS) identities (including ship's call sign, Inmarsat identities) and making the information available 24 hours a day to Rescue Co-ordination Centres;
a new paragraph 9 to regulation 15 Maintenance requirements covering testing intervals for satellite emergency position indicating radio beacons (EPIRBs);
a new regulation 18 on Position updating requiring automatic provision of information regarding the ship's position where two-way communication equipment is capable of providing automatically the ship's position in the distress alert.
Amendments in Chapter VI to paragraph 6 of regulation 5 Stowage and securing make it clear that "all cargoes, other than solid and liquid bulk cargoes" should be loaded, stowed and secured in accordance with the Cargo Securing Manual. A similar amendment was adopted for Regulation 6 of Chapter VII, also covering Stowage and securing.
top
top
Adoption: 18 May 1998
Entry into force: 1 July 2002
Amendments were made to regulation 14 on Construction and initial testing of watertight bulkheads, etc., in passenger ships and cargo ships in Chapter II-1. Paragraph 3 is replaced to allow visual examination of welded connections, where filling with water or a hose test are not practicable.
In Chapter IV, the amendments included:
a new regulation 5-1 requiring Contracting Governments to ensure suitable arrangements are in place for registering Global Maritime Distress and Safety System (GMDSS) identities (including ship's call sign, Inmarsat identities) and making the information available 24 hours a day to Rescue Co-ordination Centres;
a new paragraph 9 to regulation 15 Maintenance requirements covering testing intervals for satellite emergency position indicating radio beacons (EPIRBs);
a new regulation 18 on Position updating requiring automatic provision of information regarding the ship's position where two-way communication equipment is capable of providing automatically the ship's position in the distress alert.
Amendments in Chapter VI to paragraph 6 of regulation 5 Stowage and securing make it clear that "all cargoes, other than solid and liquid bulk cargoes" should be loaded, stowed and secured in accordance with the Cargo Securing Manual. A similar amendment was adopted for Regulation 6 of Chapter VII, also covering Stowage and securing.
top
top
The
May 1999 amendments
Adoption: 27 May 1999
Entry into force: 1 January 2001
Amendments to Chapter VII make the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) mandatory.
The INF Code sets out how the material covered by the Code should be carried, including specifications for ships. The material covered by the code includes:
- Irradiated nuclear fuel - material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction.
- Plutonium - the resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing
- High-level radioactive wastes - liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stages, in a facility for reprocessing irradiated fuel, or solids into which such liquid wastes have been converted.
The INF Code applies to all ships regardless of the date of construction and size, including cargo ships of less than 500 gross tonnage, engaged in the carriage of INF cargo. The INF Code does not apply to warships, naval auxiliary or other ships used only on government non-commercial service, although Administrations are expected to ensure such ships are in compliance with the Code.
Specific regulations in the Code cover a number of issues, including: damage stability, fire protection, temperature control of cargo spaces, structural consideration, cargo securing arrangements, electrical supplies, radiological protection equipment and management, training and shipboard emergency plans.
Ships carrying INF cargo are assigned to one of three classes, depending on the total radioactivity of INF cargo which is carried on board, and regulations vary slightly according to the Class:
Class INF 1 ship - Ships which are certified to carry INF cargo with an aggregate activity less than 4,000 TBq (TeraBecquerel - measurement of radioactivity).
Class INF 2 ship - Ships which are certified to carry irradiated nuclear fuel or high-level radioactive wastes with an aggregate activity less than 2 x 106 TBq and ships which are certified to carry plutonium with an aggregate activity less than 2 x 105 TBq.
Class INF 3 ship - Ships which are certified to carry irradiated nuclear fuel or high-level radioactive wastes and ships which are certified to carry plutonium with no restriction of the maximum aggregate activity of the materials.
The INF Code was first adopted as a recommendatory Code by the eighteenth session of the Assembly on 4 November 1993 (resolution A.748(18)). The twentieth session of the Assembly adopted amendments to the INF Code to include specific requirements for shipboard emergency plans and notification in the event of an incident (resolution A.853(20), adopted on 27 November 1997).
The Maritime Safety Committee also adopted a redrafted text of the INF Code incorporating amendments reflecting its mandatory nature.
top
top
Adoption: 27 May 1999
Entry into force: 1 January 2001
Amendments to Chapter VII make the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) mandatory.
The INF Code sets out how the material covered by the Code should be carried, including specifications for ships. The material covered by the code includes:
- Irradiated nuclear fuel - material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction.
- Plutonium - the resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing
- High-level radioactive wastes - liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stages, in a facility for reprocessing irradiated fuel, or solids into which such liquid wastes have been converted.
The INF Code applies to all ships regardless of the date of construction and size, including cargo ships of less than 500 gross tonnage, engaged in the carriage of INF cargo. The INF Code does not apply to warships, naval auxiliary or other ships used only on government non-commercial service, although Administrations are expected to ensure such ships are in compliance with the Code.
Specific regulations in the Code cover a number of issues, including: damage stability, fire protection, temperature control of cargo spaces, structural consideration, cargo securing arrangements, electrical supplies, radiological protection equipment and management, training and shipboard emergency plans.
Ships carrying INF cargo are assigned to one of three classes, depending on the total radioactivity of INF cargo which is carried on board, and regulations vary slightly according to the Class:
Class INF 1 ship - Ships which are certified to carry INF cargo with an aggregate activity less than 4,000 TBq (TeraBecquerel - measurement of radioactivity).
Class INF 2 ship - Ships which are certified to carry irradiated nuclear fuel or high-level radioactive wastes with an aggregate activity less than 2 x 106 TBq and ships which are certified to carry plutonium with an aggregate activity less than 2 x 105 TBq.
Class INF 3 ship - Ships which are certified to carry irradiated nuclear fuel or high-level radioactive wastes and ships which are certified to carry plutonium with no restriction of the maximum aggregate activity of the materials.
The INF Code was first adopted as a recommendatory Code by the eighteenth session of the Assembly on 4 November 1993 (resolution A.748(18)). The twentieth session of the Assembly adopted amendments to the INF Code to include specific requirements for shipboard emergency plans and notification in the event of an incident (resolution A.853(20), adopted on 27 November 1997).
The Maritime Safety Committee also adopted a redrafted text of the INF Code incorporating amendments reflecting its mandatory nature.
top
top
The
May 2000 amendment
Adoption: 26 May 2000
Entry into force: 1 January 2002
SOLAS Chapter III, regulation 28.2 for helicopter landing areas is amended to require a helicopter landing area only for ro-ro passenger ships. Regulation 28.1 of SOLAS Chapter III requires all ro-ro passenger ships to be provided with a helicopter pick-up area and existing ro-ro passenger ships were required to comply with this regulation not later than the first periodical survey after 1 July 1997.
The requirement for a helicopter landing area for all passenger ships of 130 metres in length and upwards was deferred to 1 July 1999 but it was decided to amend the regulation to make this requirement applicable to ro-ro passenger ships only.
top
top
Adoption: 26 May 2000
Entry into force: 1 January 2002
SOLAS Chapter III, regulation 28.2 for helicopter landing areas is amended to require a helicopter landing area only for ro-ro passenger ships. Regulation 28.1 of SOLAS Chapter III requires all ro-ro passenger ships to be provided with a helicopter pick-up area and existing ro-ro passenger ships were required to comply with this regulation not later than the first periodical survey after 1 July 1997.
The requirement for a helicopter landing area for all passenger ships of 130 metres in length and upwards was deferred to 1 July 1999 but it was decided to amend the regulation to make this requirement applicable to ro-ro passenger ships only.
top
top
The
December 2000 amendments
Adoption: 6 December 2000
Entry into force: 1 July 2002
A number of amendments were adopted.
A revised SOLAS chapter V (Safety of Navigation) brings in a new mandatory requirement for voyage data recorders voyage data recorders (VDRs) to assist in accident investigations. Regulation 20 requires the following ships to fit VDRs:
- passenger ships constructed on or after 1 July 2002;
- ro-ro passenger ships constructed before 1 July 2002 not later than the first survey on or after 1 July 2002
- passenger ships other than ro-ro passenger ships constructed before 1 July 2002 not later than 1 January 2004; and·
- ships, other than passenger ships, of 3,000 gross tonnage and upwards constructed on or after 1 July 2002.
Adoption: 6 December 2000
Entry into force: 1 July 2002
A number of amendments were adopted.
A revised SOLAS chapter V (Safety of Navigation) brings in a new mandatory requirement for voyage data recorders voyage data recorders (VDRs) to assist in accident investigations. Regulation 20 requires the following ships to fit VDRs:
- passenger ships constructed on or after 1 July 2002;
- ro-ro passenger ships constructed before 1 July 2002 not later than the first survey on or after 1 July 2002
- passenger ships other than ro-ro passenger ships constructed before 1 July 2002 not later than 1 January 2004; and·
- ships, other than passenger ships, of 3,000 gross tonnage and upwards constructed on or after 1 July 2002.
The new chapter also requires automatic
identification systems (AIS), capable of providing information about the ship
to other ships and to coastal authorities automatically, to be fitted aboard
all ships of 300 gross tonnage and upwards engaged on international voyages,
cargo ships of 500 gross tonnage and upwards not engaged on international
voyages and passenger ships irrespective of size built on or after 1 July 2002.
It also applies to ships engaged on international voyages constructed before 1 July 2002, according to the following timetable:
- passenger ships, not later than 1 July 2003;
- tankers, not later than the first survey for safety equipment on or after 1 July 2003;
- ships, other than passenger ships and tankers, of 50,000 gross tonnage and upwards, not later than 1 July 2004;
It also applies to ships engaged on international voyages constructed before 1 July 2002, according to the following timetable:
- passenger ships, not later than 1 July 2003;
- tankers, not later than the first survey for safety equipment on or after 1 July 2003;
- ships, other than passenger ships and tankers, of 50,000 gross tonnage and upwards, not later than 1 July 2004;
- ships, other than passenger ships and
tankers, of 10,000 gross tonnage and upwards but less than 50,000 gross
tonnage, not later than 1 July 2005;
- ships, other than passenger ships and tankers, of 3,000 gross tonnage and upwards but less than 10,000 gross tonnage, not later than 1 July 2006.
- ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3,000 gross tonnage, not later than 1 July 2007.
- ships, other than passenger ships and tankers, of 3,000 gross tonnage and upwards but less than 10,000 gross tonnage, not later than 1 July 2006.
- ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3,000 gross tonnage, not later than 1 July 2007.
Note: the phase-in schedule for AIS on ships 300 gross
tonnage and upwards was amended by the 2002 amendments to a final date of 2004
(see below).
Amendments to SOLAS chapter X (Safety measures for high-speed craft) make mandatory for new ships the High-Speed Craft Code 2000. The 2000 HSC Code updates the mandatory High-Speed Craft Code adopted in 1994. The 2000 HSC will apply to all HSC built after the date of entry into force, 1 July 2002. The original HSC Code was adopted by IMO in May 1994, but the rapid pace of development in this sector of shipping has meant an early revision of the Code. The original Code will continue to apply to existing high-speed craft. The changes incorporated in the new Code are intended to bring it into line with amendments to SOLAS and new recommendations that have been adopted in the past four years - for example, requirements covering public address systems and helicopter pick-up areas
A revised SOLAS chapter II-2 (Construction, - Fire protection, fire detection and fire extinction) as well as a new International Code for Fire Safety Systems (FSS Code) were adopted. The revised chapter is intended to be clear, concise and user-friendly, incorporating the substantial changes introduced in recent years following a number of serious fire casualties. The revised chapter includes seven parts, each including requirements applicable to all or specified ship types, while the Fire Safety Systems (FSS) Code, which is made mandatory under the new chapter, includes detailed specifications for fire safety systems in 15 Chapters.
A new regulation in SOLAS Chapter II-1 (Construction - Structure, subdivision and stability, machinery and electrical installations) prohibits the new installation of materials which contain asbestos on all ships. The new regulation 3-5 is included in SOLAS Chapter II-1 (Construction - Structure, Subdivision and stability, machinery and electrical installations.
Amendments to the 1988 SOLAS Protocol include amendments to reflect the changes to SOLAS chapter V, such as the details of navigational systems and equipment referred to in the records of equipment attached to certificates.
Amendments to the International Code for the Application of Fire Test Procedures (FTP Code) add new parts 10 and 11 to annex 1 on Test for fire-restricting material for high-speed craft and test for fire-resisting divisions of high-speed craft.
Amendments to the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) and the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (BCH Code) relate to cargo hose requirements, protection of personnel and carriage of carbon disulphide. Entry into force 1 July 2002.
Amendments to the International Safety Management Code (ISM Code) include the replacement of Chapter 13 Certification, verification and control with chapters 13 Certification; and adding of chapters 14 Interim Certification; 15 Forms of Certificate; and 16 Verification; as well as a new appendix giving forms of documents and certificates.
Amendments to the Code for the Construction and equipment of ships carrying dangerous chemicals in bulk (BCH Code) relate to ship's cargo hoses, tank vent systems, safety equipment, operational requirements; and amendments to the Code for the construction and equipment of ships carrying liquefied gases in bulk (GC Code) relate to ship's cargo hoses, personnel protection and operating requirements.
Amendments to SOLAS chapter X (Safety measures for high-speed craft) make mandatory for new ships the High-Speed Craft Code 2000. The 2000 HSC Code updates the mandatory High-Speed Craft Code adopted in 1994. The 2000 HSC will apply to all HSC built after the date of entry into force, 1 July 2002. The original HSC Code was adopted by IMO in May 1994, but the rapid pace of development in this sector of shipping has meant an early revision of the Code. The original Code will continue to apply to existing high-speed craft. The changes incorporated in the new Code are intended to bring it into line with amendments to SOLAS and new recommendations that have been adopted in the past four years - for example, requirements covering public address systems and helicopter pick-up areas
A revised SOLAS chapter II-2 (Construction, - Fire protection, fire detection and fire extinction) as well as a new International Code for Fire Safety Systems (FSS Code) were adopted. The revised chapter is intended to be clear, concise and user-friendly, incorporating the substantial changes introduced in recent years following a number of serious fire casualties. The revised chapter includes seven parts, each including requirements applicable to all or specified ship types, while the Fire Safety Systems (FSS) Code, which is made mandatory under the new chapter, includes detailed specifications for fire safety systems in 15 Chapters.
A new regulation in SOLAS Chapter II-1 (Construction - Structure, subdivision and stability, machinery and electrical installations) prohibits the new installation of materials which contain asbestos on all ships. The new regulation 3-5 is included in SOLAS Chapter II-1 (Construction - Structure, Subdivision and stability, machinery and electrical installations.
Amendments to the 1988 SOLAS Protocol include amendments to reflect the changes to SOLAS chapter V, such as the details of navigational systems and equipment referred to in the records of equipment attached to certificates.
Amendments to the International Code for the Application of Fire Test Procedures (FTP Code) add new parts 10 and 11 to annex 1 on Test for fire-restricting material for high-speed craft and test for fire-resisting divisions of high-speed craft.
Amendments to the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) and the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (BCH Code) relate to cargo hose requirements, protection of personnel and carriage of carbon disulphide. Entry into force 1 July 2002.
Amendments to the International Safety Management Code (ISM Code) include the replacement of Chapter 13 Certification, verification and control with chapters 13 Certification; and adding of chapters 14 Interim Certification; 15 Forms of Certificate; and 16 Verification; as well as a new appendix giving forms of documents and certificates.
Amendments to the Code for the Construction and equipment of ships carrying dangerous chemicals in bulk (BCH Code) relate to ship's cargo hoses, tank vent systems, safety equipment, operational requirements; and amendments to the Code for the construction and equipment of ships carrying liquefied gases in bulk (GC Code) relate to ship's cargo hoses, personnel protection and operating requirements.
The
June 2001 Amendments
Adoption: June 2001
Entry into force: 1 January 2003
Adoption: June 2001
Entry into force: 1 January 2003
Amendments to Chapter VII - Carriage of
Dangerous Goods - and to the International Code for the Safe Carriage of
Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes
on Board Ships (INF Code) to align them with Amendment 30 to the International
Maritime Dangerous Goods (IMDG) Code.
Also amendments to the International Code
of Safety for High-Speed Craft (1994 HSC Code) to bring the provisions for
navigational equipment of the 1994 HSC Code in line with the relevant
provisions of the 2000 HSC Code (which enters into force on 1 July 2002 for
ships built after that date). In particular the amendments relate to carriage
of voyage data recorders and carriage of automatic identification systems
(AIS).
The
May 2002 amendments
Adoption: 24 May 2002
Entry into force: 1 January 2004
Adoption: 24 May 2002
Entry into force: 1 January 2004
The amendments to chapter SOLAS VII
(Carriage of Dangerous Goods) make the International Maritime Dangerous Goods
Code (IMDG Code) mandatory and separated requirements for packaged goods and
goods in solid form in bulk into two Parts A and A-1. The IMDG Code was adopted
in a mandatory form.
However, the provisions of the following
parts of the Code will remain recommendatory:
· chapter 1.3 (Training);
· chapter 2.1 (Explosives, Introductory Notes 1 to 4 only);
· chapter 2.3, section 2.3.3 (Determination of flashpoint only);
· chapter 3.2 (columns 15 and 17 of the Dangerous Goods List only);
· chapter 3.5 (Transport schedule for Class 7 radioactive material only),
· chapter 5.4, section 5.4.5 (Multimodal dangerous goods form), insofar as layout of the form is concerned;
· chapter 7.3 (Special requirements in the event of an incident and fire precautions involving dangerous goods only).
· chapter 1.3 (Training);
· chapter 2.1 (Explosives, Introductory Notes 1 to 4 only);
· chapter 2.3, section 2.3.3 (Determination of flashpoint only);
· chapter 3.2 (columns 15 and 17 of the Dangerous Goods List only);
· chapter 3.5 (Transport schedule for Class 7 radioactive material only),
· chapter 5.4, section 5.4.5 (Multimodal dangerous goods form), insofar as layout of the form is concerned;
· chapter 7.3 (Special requirements in the event of an incident and fire precautions involving dangerous goods only).
In practice, this means that from the legal
point of view, the whole of the IMDG Code is made mandatory, but provisions of
recommendatory nature are editorially expressed in the Code (e.g. using the
word "should" instead of "shall") to clarify their status.
The mandatory IMDG Code incorporates
certain changes relating to specific products, as well as relevant elements of
the amendments to the UN Recommendations on the Transport of Dangerous Goods,
Model Regulations adopted by the UN Committee of Experts on the Transport of
Dangerous Goods at its twenty-first session in Geneva from 4 to 13 December
2000.
Also, amendments to the 1978 SOLAS
Protocol, make changes to the Record of Equipment for the Passenger Ship Safety
Certificate (Form P); Record of Equipment for the Cargo Ship Safety Radio
Certificate (Form R); and Record of Equipment for the Cargo Ship Safety
Certificate (Form C).
The
December 2002 amendments (Conference) - Measures to enhance maritime security
Adoption: 13 December 2002
Entry into force: 1 July 2004
Adoption: 13 December 2002
Entry into force: 1 July 2004
The amendments to the 1974 SOLAS Convention
were adopted by a Diplomatic
Conference on Maritime Security and are aimed at enhancing maritime
security on board ships and at ship/port interface areas. Among other things,
these amendments create a new SOLAS chapter dealing specifically with maritime
security, which in turn contains the mandatory requirement for ships to comply
with the the new International Ship and Port Facility Security Code (ISPS
Code). The Code contains detailed security-related requirements for Governments,
port authorities and shipping companies in a mandatory section (Part A),
together with a series of guidelines about how to meet these requirements in a
second, non-mandatory section (Part B). The Conference also adopted a series of
resolutions designed to add weight to the amendments, encourage the application
of the measures to ships and port facilities not covered by the Code and pave
the way for future work on the subject..
Modifications to Chapter V (Safety of
Navigation) contain a new timetable for the fitting of Automatic Information
Systems (AIS). Ships, other than passenger ships and tankers, of 300 gross
tonnage and upwards but less than 50,000 gross tonnage, will be required to fit
AIS not later than the first safety equipment survey after 1 July 2004 or by 31
December 2004, whichever occurs earlier. Ships fitted with AIS shall maintain
AIS in operation at all times except where international agreements, rules or
standards provide for the protection of navigational information."
The existing SOLAS Chapter XI (Special
measures to enhance maritime safety) has been re-numbered as Chapter XI-1.
Regulation XI-1/3 is modified to require ships' identification numbers to be
permanently marked in a visible place either on the ship's hull or
superstructure. Passenger ships should carry the marking on a horizontal
surface visible from the air. Ships should also be marked with their ID numbers
internally.
And a new regulation XI-1/5 requires ships
to be issued with a Continuous Synopsis Record (CSR) which is intended to
provide an on-board record of the history of the ship. The CSR shall be issued
by the Administration and shall contain information such as the name of the
ship and of the State whose flag the ship is entitled to fly, the date on which
the ship was registered with that State, the ship's identification number, the
port at which the ship is registered and the name of the registered owner(s)
and their registered address. Any changes shall be recorded in the CSR so as to
provide updated and current information together with the history of the
changes.
New
Chapter XI-2 (Special measures to enhance maritime security)
A brand-new Chapter XI-2 (Special measures to enhance maritime security) is added after the renumbered Chapter XI-1.
A brand-new Chapter XI-2 (Special measures to enhance maritime security) is added after the renumbered Chapter XI-1.
This chapter applies to passenger ships and
cargo ships of 500 gross tonnage and upwards, including high speed craft,
mobile offshore drilling units and port facilities serving such ships engaged
on international voyages.
Regulation XI-2/2 of the new chapter
enshrines the International Ship and Port Facilities Security Code (ISPS Code).
Part A of this Code is mandatory and part B contains guidance as to how best to
comply with the mandatory requirements.
The regulation requires Administrations to
set security levels and ensure the provision of security level information to
ships entitled to fly their flag. Prior to entering a port, or whilst in a
port, within the territory of a Contracting Government, a ship shall comply
with the requirements for the security level set by that Contracting
Government, if that security level is higher than the security level set by the
Administration for that ship.
Regulation XI-2/8 confirms the role of the
Master in exercising his professional judgement over decisions necessary to
maintain the security of the ship. It says he shall not be constrained by the
Company, the charterer or any other person in this respect.
Regulation XI-2/6 requires all ships to be
provided with a ship security alert system, according to a strict timetable
that will see most vessels fitted by 2004 and the remainder by 2006. When
activated the ship security alert system shall initiate and transmit a
ship-to-shore security alert to a competent authority designated by the
Administration, identifying the ship, its location and indicating that the
security of the ship is under threat or it has been compromised. The system
will not raise any alarm on-board the ship. The ship security alert system
shall be capable of being activated from the navigation bridge and in at least
one other location.
Regulation XI-2/10 covers requirements for
port facilities, providing among other things for Contracting Governments to
ensure that port facility security assessments are carried out and that port
facility security plans are developed, implemented and reviewed in accordance
with the ISPS Code.
Other regulations in this chapter cover the
provision of information to IMO, the control of ships in port, (including
measures such as the delay, detention, restriction of operations including
movement within the port, or expulsion of a ship from port), and the specific
responsibility of Companies.
The
December 2002 amendments (by the expanded MSC)
Adoption: 12 December 2002
Entry into force: 1 July 2004
Adoption: 12 December 2002
Entry into force: 1 July 2004
Chapter
XII (Additional Safety Measures for Bulk Carriers) -
- New regulation XII/12 on Hold, ballast and dry space water level detectors require the fitting of high level alarms and level monitoring systems on all bulk carriers, in order to detect water ingress. The regulation requires the fitting of such alarms on all bulk carriers regardless of their date of construction.
- New regulation XII/13 on Availability of pumping systems would require the means for draining and pumping dry space bilges and ballast tanks any part of which is located forward of the collision bulkhead to be capable of being brought into operation from a readily accessible enclosed space.
SOLAS
chapter II-1 (Construction - structure, subdivision and stability, machinery
and electrical installations)-
- In Part B (Subdivision and stability), new regulation II-1/3-6 Access to spaces in cargo areas of oil tankers and bulk carriers is intended to ensure that vessels can be properly inspected throughout their lifespan, by designing and building the ship to provide suitable means for access. Associated Technical provisions for means of access for inspections are mandatory under the regulation. Without adequate access, the structural condition of the vessel can deteriorate undetected and major structural failure can arise. The regulation requires each space within the cargo area to be provided with an appropriate means of access to enable, throughout the life of a ship, overall and close-up inspections and thickness measurements of the ship's structures to be carried out by the Administration, the Company, and the ship's personnel and others as necessary.
- In Part C (Machinery Installation), new paragraph added to regulation 31 - Machinery control, to require automation systems to be designed in a manner which ensures that threshold warning of impending or imminent slowdown or shutdown of the propulsion system is given to the officer in charge of the navigational watch in time to assess navigational circumstances in an emergency.
Chapter
II-2 (Fire protection, fire detection and fire extinction) -
- The amendments concern references to the IMDG Code and reflect amendments to SOLAS chapter VII (Carriage of Dangerous Goods) adopted in May 2002 which make the International Maritime Dangerous Goods Code (IMDG Code) mandatory.
Chapter
III - Life-saving appliances and arrangements -
- The amendments to Regulation 26 - Additional requirements for ro-ro passenger ships, requires liferafts carried on ro-ro passenger ships to be fitted with a radar transponder in the ratio of one transponder for every four liferafts. The regulation is made applicable to existing ships as well as new ships.
Also adopted, amendments to the
International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel,
Plutonium and High-Level Radioactive Wastes on board Ships (INF Code) - The amendments in the
sections on definitions and application reflect amendments to SOLAS chapter VII
(Carriage of Dangerous Goods) adopted in May 2002 which make the IMDG Code
mandatory.
The
June 2003 amendments
Adoption: June 2003
Entry into force: 1 July 2006
Adoption: June 2003
Entry into force: 1 July 2006
Chapter
V - Safety of Navigation
Amendments to SOLAS regulations V/2
Definitions and V/22 Navigation Bridge Visibility add the definition of
"length" to regulation V/2 and a consequential editorial change is
made to regulation V/22. The definition states that "length of a ship
means its length overall".
Amendments to SOLAS regulation V/28 on
Records of navigational activities add a new paragraph on daily reporting. The
amendment will require all ships of 500 gross tonnage and above, engaged on
international voyages exceeding 48 hours, to submit a daily report to their
company, to include ship's position; ship's course and speed; and details of
any external or internal conditions that are affecting the ship's voyage or the
normal safe operation of the ship. The aim of the amendments is to address the
responsibilities of ship operators to provide information of benefit to those
responsible for mounting rescue operations.
The
May 2004 amendments
Adoption: May 2004
Adoption: May 2004
Entry
into force: 1 January 2006
Access to and within spaces in the cargo area of oil tankers and bulk carriers - Amendments to regulation II-1/3-6 mainly to allow the provision of non-permanent means of access onboard ships (the requirements for provision of permanent means of access were introduced in the December 2002 amendments).
Entry
into force: 1 July 2006
Persons
in distress at sea
Amendments to chapter V (Safety of Navigation) - to add a definition of search and rescue services; to set an obligation to provide assistance, regardless of nationality or status of persons in distress, and mandate co-ordination and co-operation between States to assist the ship's master in delivering persons rescued at sea to a place of safety; and to add a new regulation on master's discretion.
Amendments to chapter V (Safety of Navigation) - to add a definition of search and rescue services; to set an obligation to provide assistance, regardless of nationality or status of persons in distress, and mandate co-ordination and co-operation between States to assist the ship's master in delivering persons rescued at sea to a place of safety; and to add a new regulation on master's discretion.
Accidents
with lifeboats
Amendments to SOLAS chapter III (Life-saving appliances and arrangements) which are intended to help prevent accidents with lifeboats during drills. The amendments, which are expected to enter into force on 1 July 2006, stem from work by the Sub-Committee on Ship Design and Equipment (DE) intended to address the unacceptably high number of accidents with lifeboats that have been occurring over recent years. Crew have been injured, sometimes fatally, while participating in lifeboat drills and/or inspections.
Amendments to SOLAS chapter III (Life-saving appliances and arrangements) which are intended to help prevent accidents with lifeboats during drills. The amendments, which are expected to enter into force on 1 July 2006, stem from work by the Sub-Committee on Ship Design and Equipment (DE) intended to address the unacceptably high number of accidents with lifeboats that have been occurring over recent years. Crew have been injured, sometimes fatally, while participating in lifeboat drills and/or inspections.
The amendments to Regulation 19 (Emergency training and drills) and
Regulation 20 (Operational readiness,
maintenance and inspections) concern the conditions in which lifeboat
emergency training and drills should be conducted and introduce changes to the
operational tests to be conducted during the weekly and monthly inspections, so
as not to require the assigned crew to be on board in all cases.
Carriage
of immersion suits
Amendments to SOLAS chapter III Regulation 32 - Personal life-saving appliances to make changes to the number of immersion suits to be carried on all cargo ships. The amendments introduce carriage requirements for one immersion suit per person on board all cargo ships, including bulk carriers. At present, the regulation requires carriage of at least three immersion suits for each lifeboat on a cargo ship, as well as thermal protective aids for persons not provided with immersion suits.
Amendments to SOLAS chapter III Regulation 32 - Personal life-saving appliances to make changes to the number of immersion suits to be carried on all cargo ships. The amendments introduce carriage requirements for one immersion suit per person on board all cargo ships, including bulk carriers. At present, the regulation requires carriage of at least three immersion suits for each lifeboat on a cargo ship, as well as thermal protective aids for persons not provided with immersion suits.
With the adoption of the amendments,
immersion suits become, as lifejackets, a personal life-saving appliance for
each person on board thus offering better thermal protection and improved
chance of survival and rescue. The MSC also adopted consequential amendments to
the 1988 SOLAS Protocol relating to the records of equipment.
IMDG
Code amendments
Amendments to the International Maritime Dangerous Goods (IMDG) Code update several sections of the Code relating to the carriage of dangerous goods and also include a new chapter 1.4 on Security Provisions intended to address the security of dangerous goods being transported by sea. The amendments are expected to enter into force on 1 January 2006, but may be applied on a voluntary basis from 1 January 2005.
Amendments to the International Maritime Dangerous Goods (IMDG) Code update several sections of the Code relating to the carriage of dangerous goods and also include a new chapter 1.4 on Security Provisions intended to address the security of dangerous goods being transported by sea. The amendments are expected to enter into force on 1 January 2006, but may be applied on a voluntary basis from 1 January 2005.
December
2004 amendments
Adoption:
December 2004
Entry into fore: 1 July 2006
Entry into fore: 1 July 2006
Bulk
carrier safety
A new text for SOLAS chapter XII (Additional safety measures for bulk carriers) incorporates revisions to some regulations and new requirements relating to double-side skin bulk carriers.
A new text for SOLAS chapter XII (Additional safety measures for bulk carriers) incorporates revisions to some regulations and new requirements relating to double-side skin bulk carriers.
The amendments include the addition of a
new regulation 14 on restrictions from sailing with any hold empty and
requirements for double-side skin construction as an optional alternative to
single-side skin construction. The option of double-side skin construction will
apply to new bulk carriers of 150m in length and over, carrying solid bulk
cargoes having a density of 1,000 kg/m3 and above.
Free-fall
lifeboats on bulk carriers
an amendment to regulation 31 in SOLAS chapter III (Life-saving appliances and arrangements) makes mandatory the carriage of free-fall lifeboats on bulk carriers.
an amendment to regulation 31 in SOLAS chapter III (Life-saving appliances and arrangements) makes mandatory the carriage of free-fall lifeboats on bulk carriers.
Simplified
Voyage Data Recorders
Amendments to regulation 20 of SOLAS chapter V (Safety of Navigation) give a phased-in carriage requirement for a shipborne simplified voyage data recorder (S-VDR).
Amendments to regulation 20 of SOLAS chapter V (Safety of Navigation) give a phased-in carriage requirement for a shipborne simplified voyage data recorder (S-VDR).
The regulation requires a VDR, which may be
an S-VDR, to be fitted on existing cargo ships of 3,000 gross tonnage and
upwards, phasing in the requirement for cargo ships of 20,000 gross tonnage and
upwards first, to be followed by cargo ships of 3,000 gross tonnage and
upwards.
The S-VDR is not required to store the same
level of detailed data as a standard VDR, but nonetheless should maintain a
store, in a secure and retrievable form, of information concerning the
position, movement, physical status, command and control of a vessel over the
period leading up to and following an incident.
May
2005 amendments
Adoption:
May 2005
Entry into force: 1 January 2007/1 January 2009
Entry into force: 1 January 2007/1 January 2009
A revised SOLAS chapter II-1 was adopted
with entry into force set for 1 January 2009. The revision of SOLAS chapter
II-1 is intended to harmonize the provisions on subdivision and damage
stability for passenger and cargo ships. The revised provisions in parts A, B
and B-1 will be applicable to new ships built after the expected entry into
force date of 1 January 2009.
The amendments, which have been intensively developed over the past decade, are based on the "probabilistic" method of determining damage stability, which is itself based on the detailed study of data collected by IMO relating to collisions. Because it is based on statistical evidence concerning what actually happens when ships collide, the probabilistic concept is believed to be far more realistic than the previously-used "deterministic" method.
The amendments, which have been intensively developed over the past decade, are based on the "probabilistic" method of determining damage stability, which is itself based on the detailed study of data collected by IMO relating to collisions. Because it is based on statistical evidence concerning what actually happens when ships collide, the probabilistic concept is believed to be far more realistic than the previously-used "deterministic" method.
The revision has taken into account the
results of the HARDER (Harmonisation of Rules and Design Rational) research
project: a project undertaken by a consortium of European industrial, research
and academic institutions to study the probabilistic approach for assessing a
ship's damage stability and to develop new criteria and indexes for subdivision
based on probability of survival, taking into account effects from waves,
heeling moments, cargo shift, transient effects and equalization arrangements.
Other amendments to SOLAS, with an expected
entry into force date of 1 January 2007, including:
- New SOLAS regulation II-1/3-7 to require ship construction drawings to be maintained on board and ashore.
- New SOLAS regulation II-1/3-8 concerning towing and mooring equipment. The regulation will require all ships to be provided with arrangements, equipment and fittings of sufficient safe working load to enable the safe conduct of all towing and mooring operations associated with the normal operation of the ship.
- New SOLAS regulation II-1/23-3 concerning water level detectors in the cargo hold(s) on new single hold cargo ships other than bulk carriers.
- Amendment to SOLAS regulation II-1/31 Machinery control to restrict the application of propulsion control automation systems to new ships only.
Also, with expected entry into force of 1
January 2009, new SOLAS regulations XI-1/3-1 and amendments to regulation
XI-1/5 on the mandatory company and registered owner identification number.
May 2006 amendments LRIT
Adoption:
May 2006
Entry into force: 1 January 2008
Entry into force: 1 January 2008
The new regulation on LRIT is included in
SOLAS chapter V on Safety of Navigation, through which LRIT will be introduced
as a mandatory requirement for the following ships on international voyages:
passenger ships, including high-speed craft; cargo ships, including high-speed
craft, of 300 gross tonnage and upwards; and mobile offshore drilling units.
The SOLAS regulation on LRIT establishes a
multilateral agreement for sharing LRIT information for security and search and
rescue purposes, amongst SOLAS Contracting Governments, in order to meet the
maritime security needs and other concerns of such Governments. It maintains
the right of flag States to protect information about the ships entitled to fly
their flag, where appropriate, while allowing coastal States access to information
about ships navigating off their coasts. The SOLAS regulation on LRIT does not
create or affirm any new rights of States over ships beyond those existing in
international law, particularly, the United Nations Convention on the Law of
the Sea (UNCLOS), nor does it alter or affect the rights, jurisdiction, duties
and obligations of States in connection with UNCLOS.
The LRIT information ships will be required
to transmit include the ship's identity, location and date and time of the
position. There will be no interface between LRIT and AIS. One of the more
important distinctions between LRIT and AIS, apart from the obvious one of
range, is that, whereas AIS is a broadcast system, data derived through LRIT
will be available only to the recipients who are entitled to receive such
information and safeguards concerning the confidentiality of those data have
been built into the regulatory provisions. SOLAS Contracting Governments will
be entitled to receive information about ships navigating within a distance not
exceeding 1000 nautical miles off their coast.
The regulation foresees a phased-in
implementation schedule for ships constructed before its expected entry into
force date of 1 January 2008 and an exemption for ships operating exclusively
in sea area A1 from the requirement to transmit LRIT information, since such
ships are already fitted with AIS. It also identifies which authorities may
have access to LRIT information.
Also adopted were performance standards and functional requirements for LRIT and
an MSC resolution on Arrangements for the
timely establishment of the long range identification and tracking system.
May
2006 amendments
Adoption:
May 2006
Entry into force: 1 July 2010
Entry into force: 1 July 2010
Amendments to SOLAS Chapter II-2 - Fire protection
These include amendments relating to Regulation 9 - Containment of fire, so as to include a requirement for water-mist nozzles which should be tested and approved in accordance with the guidelines approved by the Organization; and in Regulation 15 - Arrangements for oil fuel, lubricating oil and other flammable oils, new text relating to the application of the regulation to ships constructed on or after 1 February 1992 and on or after 1 July 1998.
These include amendments relating to Regulation 9 - Containment of fire, so as to include a requirement for water-mist nozzles which should be tested and approved in accordance with the guidelines approved by the Organization; and in Regulation 15 - Arrangements for oil fuel, lubricating oil and other flammable oils, new text relating to the application of the regulation to ships constructed on or after 1 February 1992 and on or after 1 July 1998.
Amendments to SOLAS Chapter III - Life-saving
appliances and arrangements
In Regulation 7 - Personal life-saving appliances, the amendments add a new requirement for infant lifejackets. For passenger ships on voyages of less than 24 hours, a number of infant lifejackets equal to at least 2.5% of the number of passengers on board is to be provided; and for passenger ships on voyages of 24 hours or greater, infant lifejackets are to be provided for each infant on board. A further amendment relates to the provision of lifejackets for larger passengers and states that, if the adult lifejackets provided are not designed to fit persons with a chest girth of up to 1,750 mm, a sufficient number of suitable accessories are to be available on board to allow them to be secured to such persons.
In Regulation 7 - Personal life-saving appliances, the amendments add a new requirement for infant lifejackets. For passenger ships on voyages of less than 24 hours, a number of infant lifejackets equal to at least 2.5% of the number of passengers on board is to be provided; and for passenger ships on voyages of 24 hours or greater, infant lifejackets are to be provided for each infant on board. A further amendment relates to the provision of lifejackets for larger passengers and states that, if the adult lifejackets provided are not designed to fit persons with a chest girth of up to 1,750 mm, a sufficient number of suitable accessories are to be available on board to allow them to be secured to such persons.
Amendments to SOLAS Chapter IV - Radiocommunications
The amendments relate to the provision of radio equipment, in Regulation 7, to require ships to carry an EPIRB capable of transmitting a distress alert through the polar orbiting satellite service (COSPAS-SARSAT) operating in the 406 MHz band; and, in Regulations 9 and 10, to clarify that the means of initiating ship-to-shore distress alerts may be through the Inmarsat geostationary satellite service by a ship earth station.
The amendments relate to the provision of radio equipment, in Regulation 7, to require ships to carry an EPIRB capable of transmitting a distress alert through the polar orbiting satellite service (COSPAS-SARSAT) operating in the 406 MHz band; and, in Regulations 9 and 10, to clarify that the means of initiating ship-to-shore distress alerts may be through the Inmarsat geostationary satellite service by a ship earth station.
Amendments to SOLAS Chapter V - Safety of navigation
The amendment adds a new paragraph to Regulation 22 - Navigation bridge visibility to allow ballast water exchange at sea, provided that the master has determined that it is safe to do so and takes into consideration any increased blind sectors or reduced horizontal fields of vision resulting from the operation to ensure that a proper lookout is maintained at all times. The operation should be conducted in accordance with the ship's ballast water management plan, taking into account the recommendations on ballast water exchange. The commencement and termination of the operation should be recorded in the ship's record of navigational activities.
The amendment adds a new paragraph to Regulation 22 - Navigation bridge visibility to allow ballast water exchange at sea, provided that the master has determined that it is safe to do so and takes into consideration any increased blind sectors or reduced horizontal fields of vision resulting from the operation to ensure that a proper lookout is maintained at all times. The operation should be conducted in accordance with the ship's ballast water management plan, taking into account the recommendations on ballast water exchange. The commencement and termination of the operation should be recorded in the ship's record of navigational activities.
Amendments to the International Code for Fire Safety
Systems (FSS Code)
The amendments replace the text of Chapter 5 Fixed gas fire-extinguishing systems with a revised text.
The amendments replace the text of Chapter 5 Fixed gas fire-extinguishing systems with a revised text.
Amendments to the International Life-Saving Appliance
Code (LSA Code)
The amendments include the requirement that all life saving appliances should withstand in stowage an air temperature range of 30°C to +65°C and personal life-saving appliances should remain operational throughout an air temperature range of -15°C to +40°C. The colour of life-saving appliances is now specified to be "of international or vivid reddish orange, or a comparably highly visible colour on all parts where this will assist detection at sea". The existing section 2.2 on General requirements for lifejackets is revised and replaced. Further amendments relate to specifications for immersion suits and anti-exposure suits.
The amendments include the requirement that all life saving appliances should withstand in stowage an air temperature range of 30°C to +65°C and personal life-saving appliances should remain operational throughout an air temperature range of -15°C to +40°C. The colour of life-saving appliances is now specified to be "of international or vivid reddish orange, or a comparably highly visible colour on all parts where this will assist detection at sea". The existing section 2.2 on General requirements for lifejackets is revised and replaced. Further amendments relate to specifications for immersion suits and anti-exposure suits.
Amendments to Guidelines for the authorization of
organizations acting on behalf of the Administration (Resolution A.739(18))
The amendments to the guidelines, which are mandatory under SOLAS chapter XI-1, add a new paragraph 2-1 to require the use of only exclusive surveyors and auditors for surveys and certification, although radio surveys may be subcontracted to non-exclusive surveyors.
The amendments to the guidelines, which are mandatory under SOLAS chapter XI-1, add a new paragraph 2-1 to require the use of only exclusive surveyors and auditors for surveys and certification, although radio surveys may be subcontracted to non-exclusive surveyors.
Xx
Convention on the International Regulations for Preventing
Collisions at Sea, 1972 (COLREGs)
Adoption:
20 October 1972
Entry into force: 15 July 1977
Introduction
Amendment procedure
Technical provisionsPart A - General (Rules 1-3)
Part B - Steering and Sailing (Rules 4-19)
Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)
Rule 6 - safe speed
Rule 10 - vessels in or near traffic separation schemes
Section II - Conduct of vessels in sight of one another (Rules 11-18)
Rule 13 - overtaking
Rule 14 - head-on situationsSection III - conduct of vessels in restricted visibility (Rule 19)
Part C Lights and Shapes (Rules 20-31)
Part D - Sound and Light Signals (Rules 32-37)
Part E - Exemptions (Rule 38)
Annexes
The 1981 amendments - rule 10 amended
The 1987 amendments - crossing traffic lanes
The 1989 amendments - inshore traffic zone
The 1993 amendments - positioning of lights
The 2001 amendments - WIG craft
Introduction
The 1972 Convention was designed to update and replace the Collision Regulations of 1960 which were adopted at the same time as the 1960 SOLAS Convention.
One of the most important innovations in the 1972 COLREGs was the recognition given to traffic separation schemes - Rule 10 gives guidance in determining safe speed, the risk of collision and the conduct of vessels operating in or near traffic separation schemes.
The first such traffic separation scheme was established in the Dover Strait in 1967. It was operated on a voluntary basis at first but in 1971 the IMO Assembly adopted a resolution stating that that observance of all traffic separation schemes be made mandatory - and the COLREGs make this obligation clear.
Amendment procedure
Under the "tacit acceptance" procedure incorporated in the Convention, an amendment must first be adopted by two-thirds of those present and voting in the Maritime Safety Committee. It is then communicated to Contracting Parties and considered by the IMO Assembly. If adopted by two-thirds of the States present and voting in the Assembly, it automatically enters into force on a specified date unless more than one third of the Contracting Parties notify the Organization of their objection.In addition, a Conference for the purpose of revising the Convention or its regulations or both may be convened by IMO at the request of not less than one-third of Contracting Parties.
Technical provisions
The COLREGs include 38 rules divided into five sections: Part A - General; Part B - Steering and Sailing; Part C - Lights and Shapes; Part D - Sound and Light signals; and Part E - Exemptions. There are also four Annexes containing technical requirements concerning lights and shapes and their positioning; sound signalling appliances; additional signals for fishing vessels when operating in close proximity, and international distress signals.
Part A - General (Rules 1-3)
Rule 1 states that the rules apply to all vessels upon the high seas and all waters connected to the high seas and navigable by seagoing vessels.
Rule 2 covers the responsibility of the master, owner and crew to comply with the rules.
Rule 3 includes definitions.
Part B- Steering and Sailing (Rules 4-19)
Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)
Rule 4 says the section applies in any condition of visibility.
Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at a safe speed...". The Rule describes the factors which should be taken into account in determining safe speed. Several of these refer specifically to vessels equipped with radar.The importance of using "all available means" is further stressed in Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the basis of scanty information, especially scanty radar information"
top
top
Rule 8 covers action to be taken to avoid collision.
In Rule 9 a vessel proceeding along the course of a narrow channel or fairway is obliged to keep "as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable." The same Rule obliges a vessel of less than 20 metres in length or a sailing vessel not to impede the passage of a vessel "which can safely navigate only within a narrow channel or fairway."
The Rule also forbids ships to cross a narrow channel or fairway "if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway." The meaning "not to impede" was classified by an amendment to Rule 8 in 1987. A new paragraph (f) was added, stressing that a vessel which was required not to impede the passage of another vessel should take early action to allow sufficient sea room for the safe passage of the other vessel. Such vessel was obliged to fulfil this obligation also when taking avoiding action in accordance with the steering and sailing rules when risk of collision exists.
Rule 10 of the Collision Regulations deals with the behaviour of vessels in or near traffic separation schemes adopted by the Organization. By regulation 8 of Chapter V (Safety of Navigation) of SOLAS, IMO is recognized as being the only organization competent to deal with international measures concerning the routeing of ships.
The effectiveness of traffic separation schemes can be judged from a study made by the International Association of Institutes of Navigation (IAIN) in 1981. This showed that between 1956 and 1960 there were 60 collisions in the Strait of Dover; twenty years later, following the introduction of traffic separation schemes, this total was cut to only 16.
In other areas where such schemes did not exist the number of collisions rose sharply. New traffic separation schemes are introduced regularly and existing ones are amended when necessary to respond to changed traffic conditions. To enable this to be done as quickly as possible the MSC has been authorized to adopt and amend traffic separation schemes on behalf of the Organization.
Rule 10 states that ships crossing traffic lanes are required to do so "as nearly as practicable at right angles to the general direction of traffic flow." This reduces confusion to other ships as to the crossing vessel's intentions and course and at the same time enables that vessel to cross the lane as quickly as possible.
Fishing vessels "shall not impede the passage of any vessel following a traffic lane" but are not banned from fishing. This is in line with Rule 9 which states that "a vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway."In 1981 the regulations were amended. Two new paragraphs were added to Rule 10 to exempt vessels which are restricted in their ability to manoeuvre "when engaged in an operation for the safety of navigation in a traffic separation scheme" or when engaged in cable laying.
In 1987 the regulations were again amended. It was stressed that Rule 10 applies to traffic separation schemes adopted by the Organization (IMO) and does not relieve any vessel of her obligation under any other rule. It was also to clarify that if a vessel is obliged to cross traffic lanes it should do so as nearly as practicable at right angles to the general direction of the traffic flow. In 1989 Regulation 10 was further amended to clarify the vessels which may use the "inshore traffic zone."
top
top
Section II - Conduct of vessels in sight of one another (Rules 11-18)
Rule 11 says the section applies to vessels in sight of one another.
Rule 12 states action to be taken when two sailing vessels are approaching one another.
Rule 13covers overtaking - the overtaking vessel should keep out of the way of the vessel being overtaken.
Rule 14 deals with head-on situations. Crossing situations are covered by Rule 15 and action to be taken by the give-way vessel is laid down in Rule 16.
Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-on vessel may "take action to avoid collision by her manoeuvre alone as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action.
Rule 18 deals with responsibilities between vessels and includes requirements for vessels which shall keep out of the way of others.
Section III - conduct of vessels in restricted visibility (Rule 19)
Rule 19 states every vessel should proceed at a safe speed adapted to prevailing circumstances and restricted visibility. A vessel detecting by radar another vessel should determine if there is risk of collision and if so take avoiding action. A vessel hearing fog signal of another vessel should reduce speed to a minimum.
top
top
Part C Lights and Shapes (Rules 20-31)
Rule 20 states rules concerning lights apply from sunset to sunrise.Rule 21 gives definitions.
Rule 22 covers visibility of lights - indicating that lights should be visible at minimum ranges (in nautical miles) determined according to the type of vessel.
Rule 23 covers lights to be carried by power-driven vessels underway.
Rule 24 covers lights for vessels towing and pushing.
Rule 25 covers light requirements for sailing vessels underway and vessels under oars.
Rule 26 covers light requirements for fishing vessels.
Rule 27 covers light requirements for vessels not under command or restricted in their ability to manoeuvre.
Rule 28 covers light requirements for vessels constrained by their draught.
Rule 29 covers light requirements for pilot vessels.
Rule 30 covers light requirements for vessels anchored and aground.Rule 31 covers light requirements for seaplanes
top
top
Part D - Sound and Light Signals (Rules 32-37)
Rule 32 gives definitions of whistle, short blast, and prolonged blast.
Rule 33 says vessels 12 metres or more in length should carry a whistle and a bell and vessels 100 metres or more in length should carry in addition a gong.
Rule 34 covers manoeuvring and warning signals, using whistle or lights.
Rule 35 covers sound signals to be used in restricted visibility.
Rule 36 covers signals to be used to attract attention.
Rule 37 covers distress signals.
Part E - Exemptions (Rule 38)
Rule 38 says ships which comply with the 1960 Collision Regulations and were built or already under construction when the 1972 Collision Regulations entered into force may be exempted from some requirements for light and sound signals for specified periods.
Annexes
The COLREGs include four annexes:
Annex I - Positioning and technical details of lights and shapes
Annex II - Additional signals for fishing vessels fishing in close proximity
Annex III - Technical details of sounds signal appliances
Annex IV - Distress signals, which lists the signals indicating distress and need of assistance.
Annexes I and IV were amended in 1987 to clarify the positioning of certain lights carried on smaller vessels and to add "approved signals transmitted by radiocommunications systems" (ie distress alerts transmitted in the GMDSS). A section on location signals from search and rescue radar transponders was added in 1993.
top
top
The 1981 amendments
Adoption: 19 November 1981
Entry into force: 1 June 1983
A number of rules are affected but perhaps the most important change concerns rule 10, which has been amended to enable vessels carrying out various safety operations, such as dredging or surveying, to carry out these functions in traffic separation schemes.
The 1987 amendments
Adoption: 19 November 1987
Entry into force: 19 November 1989
The amendments affect several rules, including rule 1(e) ? vessels of special construction: the amendment classifies the application of the Convention to such ships; Rule 3(h), which defines a vessel constrained by her draught; Rule 10(c) ? crossing traffic lanes.
The 1989 amendments
Adoption: 19 October 1989
Entry into force: 19 April 1991
The amendment concerns Rule 10 and is designed to stop unnecessary use of the inshore traffic zone.
The 1993 amendments
Adoption: 4 November 1993
Entry into force: 4 November 1995
The amendments are mostly concerned with the positioning of lights.
Entry into force: 15 July 1977
Introduction
Amendment procedure
Technical provisionsPart A - General (Rules 1-3)
Part B - Steering and Sailing (Rules 4-19)
Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)
Rule 6 - safe speed
Rule 10 - vessels in or near traffic separation schemes
Section II - Conduct of vessels in sight of one another (Rules 11-18)
Rule 13 - overtaking
Rule 14 - head-on situationsSection III - conduct of vessels in restricted visibility (Rule 19)
Part C Lights and Shapes (Rules 20-31)
Part D - Sound and Light Signals (Rules 32-37)
Part E - Exemptions (Rule 38)
Annexes
The 1981 amendments - rule 10 amended
The 1987 amendments - crossing traffic lanes
The 1989 amendments - inshore traffic zone
The 1993 amendments - positioning of lights
The 2001 amendments - WIG craft
Introduction
The 1972 Convention was designed to update and replace the Collision Regulations of 1960 which were adopted at the same time as the 1960 SOLAS Convention.
One of the most important innovations in the 1972 COLREGs was the recognition given to traffic separation schemes - Rule 10 gives guidance in determining safe speed, the risk of collision and the conduct of vessels operating in or near traffic separation schemes.
The first such traffic separation scheme was established in the Dover Strait in 1967. It was operated on a voluntary basis at first but in 1971 the IMO Assembly adopted a resolution stating that that observance of all traffic separation schemes be made mandatory - and the COLREGs make this obligation clear.
Amendment procedure
Under the "tacit acceptance" procedure incorporated in the Convention, an amendment must first be adopted by two-thirds of those present and voting in the Maritime Safety Committee. It is then communicated to Contracting Parties and considered by the IMO Assembly. If adopted by two-thirds of the States present and voting in the Assembly, it automatically enters into force on a specified date unless more than one third of the Contracting Parties notify the Organization of their objection.In addition, a Conference for the purpose of revising the Convention or its regulations or both may be convened by IMO at the request of not less than one-third of Contracting Parties.
Technical provisions
The COLREGs include 38 rules divided into five sections: Part A - General; Part B - Steering and Sailing; Part C - Lights and Shapes; Part D - Sound and Light signals; and Part E - Exemptions. There are also four Annexes containing technical requirements concerning lights and shapes and their positioning; sound signalling appliances; additional signals for fishing vessels when operating in close proximity, and international distress signals.
Part A - General (Rules 1-3)
Rule 1 states that the rules apply to all vessels upon the high seas and all waters connected to the high seas and navigable by seagoing vessels.
Rule 2 covers the responsibility of the master, owner and crew to comply with the rules.
Rule 3 includes definitions.
Part B- Steering and Sailing (Rules 4-19)
Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)
Rule 4 says the section applies in any condition of visibility.
Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at a safe speed...". The Rule describes the factors which should be taken into account in determining safe speed. Several of these refer specifically to vessels equipped with radar.The importance of using "all available means" is further stressed in Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the basis of scanty information, especially scanty radar information"
top
top
Rule 8 covers action to be taken to avoid collision.
In Rule 9 a vessel proceeding along the course of a narrow channel or fairway is obliged to keep "as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable." The same Rule obliges a vessel of less than 20 metres in length or a sailing vessel not to impede the passage of a vessel "which can safely navigate only within a narrow channel or fairway."
The Rule also forbids ships to cross a narrow channel or fairway "if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway." The meaning "not to impede" was classified by an amendment to Rule 8 in 1987. A new paragraph (f) was added, stressing that a vessel which was required not to impede the passage of another vessel should take early action to allow sufficient sea room for the safe passage of the other vessel. Such vessel was obliged to fulfil this obligation also when taking avoiding action in accordance with the steering and sailing rules when risk of collision exists.
Rule 10 of the Collision Regulations deals with the behaviour of vessels in or near traffic separation schemes adopted by the Organization. By regulation 8 of Chapter V (Safety of Navigation) of SOLAS, IMO is recognized as being the only organization competent to deal with international measures concerning the routeing of ships.
The effectiveness of traffic separation schemes can be judged from a study made by the International Association of Institutes of Navigation (IAIN) in 1981. This showed that between 1956 and 1960 there were 60 collisions in the Strait of Dover; twenty years later, following the introduction of traffic separation schemes, this total was cut to only 16.
In other areas where such schemes did not exist the number of collisions rose sharply. New traffic separation schemes are introduced regularly and existing ones are amended when necessary to respond to changed traffic conditions. To enable this to be done as quickly as possible the MSC has been authorized to adopt and amend traffic separation schemes on behalf of the Organization.
Rule 10 states that ships crossing traffic lanes are required to do so "as nearly as practicable at right angles to the general direction of traffic flow." This reduces confusion to other ships as to the crossing vessel's intentions and course and at the same time enables that vessel to cross the lane as quickly as possible.
Fishing vessels "shall not impede the passage of any vessel following a traffic lane" but are not banned from fishing. This is in line with Rule 9 which states that "a vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway."In 1981 the regulations were amended. Two new paragraphs were added to Rule 10 to exempt vessels which are restricted in their ability to manoeuvre "when engaged in an operation for the safety of navigation in a traffic separation scheme" or when engaged in cable laying.
In 1987 the regulations were again amended. It was stressed that Rule 10 applies to traffic separation schemes adopted by the Organization (IMO) and does not relieve any vessel of her obligation under any other rule. It was also to clarify that if a vessel is obliged to cross traffic lanes it should do so as nearly as practicable at right angles to the general direction of the traffic flow. In 1989 Regulation 10 was further amended to clarify the vessels which may use the "inshore traffic zone."
top
top
Section II - Conduct of vessels in sight of one another (Rules 11-18)
Rule 11 says the section applies to vessels in sight of one another.
Rule 12 states action to be taken when two sailing vessels are approaching one another.
Rule 13covers overtaking - the overtaking vessel should keep out of the way of the vessel being overtaken.
Rule 14 deals with head-on situations. Crossing situations are covered by Rule 15 and action to be taken by the give-way vessel is laid down in Rule 16.
Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-on vessel may "take action to avoid collision by her manoeuvre alone as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action.
Rule 18 deals with responsibilities between vessels and includes requirements for vessels which shall keep out of the way of others.
Section III - conduct of vessels in restricted visibility (Rule 19)
Rule 19 states every vessel should proceed at a safe speed adapted to prevailing circumstances and restricted visibility. A vessel detecting by radar another vessel should determine if there is risk of collision and if so take avoiding action. A vessel hearing fog signal of another vessel should reduce speed to a minimum.
top
top
Part C Lights and Shapes (Rules 20-31)
Rule 20 states rules concerning lights apply from sunset to sunrise.Rule 21 gives definitions.
Rule 22 covers visibility of lights - indicating that lights should be visible at minimum ranges (in nautical miles) determined according to the type of vessel.
Rule 23 covers lights to be carried by power-driven vessels underway.
Rule 24 covers lights for vessels towing and pushing.
Rule 25 covers light requirements for sailing vessels underway and vessels under oars.
Rule 26 covers light requirements for fishing vessels.
Rule 27 covers light requirements for vessels not under command or restricted in their ability to manoeuvre.
Rule 28 covers light requirements for vessels constrained by their draught.
Rule 29 covers light requirements for pilot vessels.
Rule 30 covers light requirements for vessels anchored and aground.Rule 31 covers light requirements for seaplanes
top
top
Part D - Sound and Light Signals (Rules 32-37)
Rule 32 gives definitions of whistle, short blast, and prolonged blast.
Rule 33 says vessels 12 metres or more in length should carry a whistle and a bell and vessels 100 metres or more in length should carry in addition a gong.
Rule 34 covers manoeuvring and warning signals, using whistle or lights.
Rule 35 covers sound signals to be used in restricted visibility.
Rule 36 covers signals to be used to attract attention.
Rule 37 covers distress signals.
Part E - Exemptions (Rule 38)
Rule 38 says ships which comply with the 1960 Collision Regulations and were built or already under construction when the 1972 Collision Regulations entered into force may be exempted from some requirements for light and sound signals for specified periods.
Annexes
The COLREGs include four annexes:
Annex I - Positioning and technical details of lights and shapes
Annex II - Additional signals for fishing vessels fishing in close proximity
Annex III - Technical details of sounds signal appliances
Annex IV - Distress signals, which lists the signals indicating distress and need of assistance.
Annexes I and IV were amended in 1987 to clarify the positioning of certain lights carried on smaller vessels and to add "approved signals transmitted by radiocommunications systems" (ie distress alerts transmitted in the GMDSS). A section on location signals from search and rescue radar transponders was added in 1993.
top
top
The 1981 amendments
Adoption: 19 November 1981
Entry into force: 1 June 1983
A number of rules are affected but perhaps the most important change concerns rule 10, which has been amended to enable vessels carrying out various safety operations, such as dredging or surveying, to carry out these functions in traffic separation schemes.
The 1987 amendments
Adoption: 19 November 1987
Entry into force: 19 November 1989
The amendments affect several rules, including rule 1(e) ? vessels of special construction: the amendment classifies the application of the Convention to such ships; Rule 3(h), which defines a vessel constrained by her draught; Rule 10(c) ? crossing traffic lanes.
The 1989 amendments
Adoption: 19 October 1989
Entry into force: 19 April 1991
The amendment concerns Rule 10 and is designed to stop unnecessary use of the inshore traffic zone.
The 1993 amendments
Adoption: 4 November 1993
Entry into force: 4 November 1995
The amendments are mostly concerned with the positioning of lights.
The
2001 amendments
Adoption: 29 November 2001
Entry into force: 29 November 2003
Adoption: 29 November 2001
Entry into force: 29 November 2003
The amendments include new rules relating
to Wing-in Ground (WIG) craft. The following are amended:
- General Definitions (Rule 3) - to provide the definition of wing-in-ground (WIG) craft;
- Action to avoid collision (Rule 8 (a)) - to make it clear that any action to avoid collision should be taken in accordance with the relevant rules in the COLREGs and to link Rule 8 with the other steering and sailing rules;
- Responsibilities between vessels (Rule 18) - to include a requirement that a WIG craft, when taking off, landing and in flight near the surface, shall keep clear of all other vessels and avoid impeding their navigation and also that a WIG craft operating on the water surface shall comply with the Rules as for a power-driven vessel;
- Power-driven vessels underway (Rule 23) - to include a requirement that WIG craft shall, in addition to the lights prescribed in paragraph 23 (a) of the Rule, exhibit a high-intensity all-round flashing red light when taking off, landing and in-flight near the surface;
- Seaplanes (Rule 31) - to include a provision for WIG craft;
- Equipment for sound signals and sound signals in restricted visibility (Rules 33 and 35) - to cater for small vessels;
- Positioning and technical details of lights and shapes (Annex I) - amendments with respect to high-speed craft (relating to the vertical separation of masthead lights); and
- Technical details of sound signal appliances (Annex III) - amendments with respect to whistles and bell or gong to cater for small vessels.
Xx
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978
Adoption:
7 July 1978
Entry into force: 28 April 1984
The 1995 amendments, which completely revised the Convention, entered into force on 1 February 1997.
/publications/f_listing_detail.asp?id=87
/publications/f_listing_detail.asp?id=87
Entry into force: 28 April 1984
The 1995 amendments, which completely revised the Convention, entered into force on 1 February 1997.
/publications/f_listing_detail.asp?id=87
/publications/f_listing_detail.asp?id=87
The 1995 amendments – major revision
Ensuring compliance with the Convention
Port State control
1995 amendments – chapters II, III, IV
1995 amendments - Chapter V: Special training requirements for personnel on certain types of ships
1995 amendments - Chapter VI: Emergency, occupational safety, medical care and survival functions
1995 amendments - Chapter VII: Alternative certification
1995 amendments - Chapter VIII: Watchkeeping
The STCW Code
The 1997 Amendments – training for crew on passenger ships
The 1998 Amendments – training for crew on bulk carriers
The 2006 amendments - ship security officers, fast rescue boats
The "White List"
The
1995 amendments
Adoption: 7 July 1995
Entry into force: 1 February 1997
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1995 amendments, adopted by a Conference, represented a major revision of the Convention, in response to a recognized need to bring the Convention up to date and to respond to critics who pointed out the many vague phrases, such as "to the satisfaction of the Administration", which resulted in different interpretations being made.
Others complained that the Convention was never uniformly applied and did not impose any strict obligations on Parties regarding implementation. The 1995 amendments entered into force on 1 February 1997. However, until 1 February 2002, Parties may continue to issue, recognize and endorse certificates which applied before that date in respect of seafarers who began training or seagoing service before 1 August 1998.
One of the major features of the revision was the division of the technical annex into regulations, divided into Chapters as before, and a new STCW Code, to which many technical regulations have been transferred. Part A of the Code is mandatory while Part B is recommended.
Dividing the regulations up in this way makes administration easier and it also makes the task of revising and updating them more simple: for procedural and legal reasons there is no need to call a full conference to make changes to Codes.
Some of the most important amendments adopted by the Conference concern Chapter I - General Provisions. They include the following:
Ensuring compliance with the Convention
Parties to the Convention are required to provide detailed information to IMO concerning administrative measures taken to ensure compliance with the Convention. This represented the first time that IMO had been called upon to act in relation to compliance and implementation - generally, implementation is down to the flag States, while port State control also acts to ensure compliance. Under Chapter I, regulation I/7 of the revised Convention, Parties are required to provide detailed information to IMO concerning administrative measures taken to ensure compliance with the Convention, education and training courses, certification procedures and other factors relevant to implementation.
By 1 August 1998 - the deadline for submission of information established in section A-I/7 of the STCW Code - 82 out of the 133 STCW Parties had communicated information on compliance with the requirements of the revised Convention. The 82 Parties which met the deadline represent well over 90% of the world's ships and seafarers.
The information is reviewed by panels of competent persons, nominated by Parties to the STCW Convention, who report on their findings to the IMO Secretary-General, who, in turn, reports to the Maritime Safety Committee (MSC) on the Parties which fully comply. The MSC then produces a list of Parties in compliance with the 1995 amendments.
The first list of countries was approved by the MSC at its 73rd session held from 27 November to 6 December 2000 – it included 71 countries and one Associate Member of IMO.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Port State control
The revised Chapter I includes enhanced procedures concerning the exercise of port State to allow intervention in the case of deficiencies deemed to pose a danger to persons, property or the environment (regulation I/4). This can take place if certificates are not in order or if the ship is involved in a collision or grounding, if there is an illegal discharge of substances (causing pollution) or if the ship is manoeuvred in an erratic or unsafe manner, etc.
Other regulations in chapter I include:
Measures are introduced for watchkeeping personnel to prevent fatigue.
Parties are required to establish procedures for investigating acts by persons to whom they have issued certificates that endanger safety or the environment. Penalties and other disciplinary measures must be prescribed and enforced where the Convention is not complied with.
Technical innovations, such as the use of simulators for training and assessment purposes have been recognized. Simulators are mandatory for training in the use of radar and automatic radar plotting aids (regulation I/12 and section A-I/12 of the STCW Code).
Parties are required to ensure that training, certification and other procedures are continuously monitored by means of a quality standards system (regulation I/8).
Every master, officer and radio operator are required at intervals not exceeding five years to meet the fitness standards and the levels of professional competence contained in Section A-I/11 of the STCW Code. In order to assess the need for revalidation of certificates after 1 February 2002, Parties must compare the standards of competence previously required with those specified in the appropriate certificate in part A of the STCW Code. If necessary, the holders of certificates may be required to undergo training or refresher courses (regulation I/11).
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Chapter II: Master and deck department
The Chapter was revised and updated.
Chapter III: Engine department
The Chapter was revised and updated.
Chapter IV: Radiocommunication and radio personnel
The Chapter was revised and updated.
Chapter V: Special training requirements for personnel on certain types of ships
Special requirements were introduced concerning the training and qualifications of personnel on board ro-ro passenger ships. Previously the only special requirements in the Convention concerned crews on tankers. This change was made in response to proposals made by the Panel of Experts set up to look into ro-ro safety following the capsize and sinking of the ferry Estonia in September 1994. Crews on ro-ro ferries have to receive training in technical aspects and also in crowd and crisis management and human behaviour.
Chapter VI: Emergency, occupational safety, medical care and survival functions
The Chapter incorporates the previous Chapter VI: Proficiency in survival craft and includes mandatory minimum requirements for familiarization, basic safety training and instruction for all seafarers; mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats; mandatory minimum requirements for training in advanced firefighting; and mandatory minimum requirements relating to medical first aid and medical care.
Chapter VII: Alternative certification
Regulations regarding alternative certification (also known as the functional approach) are included in a new Chapter VII. This involves enabling crews to gain training and certification in various departments of seafaring rather than being confined to one branch (such as deck or engine room) for their entire career.Although it is a relatively new concept, the 1995 Conference was anxious not to prevent its development. At the same time, the new Chapter is intended to ensure that safety and the environment are not threatened in any way. The use of equivalent educational and training arrangements is permitted under article IX.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Chapter VIII: Watchkeeping
Measures were introduced for watchkeeping personnel to prevent fatigue. Administrations are required to establish and enforce rest periods for watchkeeping personnel and to ensure that watch systems are so arranged that the efficiency of watchkeeping personnel is not impaired by fatigue.
The STCW Code
The regulations contained in the Convention are supported by sections in the STCW Code. Generally speaking, the Convention contains basic requirements which are then enlarged upon and explained in the Code.
Part A of the Code is mandatory. The minimum standards of competence required for seagoing personnel are given in detail in a series of tables. Chapter II of the Code, for example, deals with standards regarding the master and deck department.
Part B of the Code contains recommended guidance which is intended to help Parties implement the Convention. The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with. However, the recommendations in general represent an approach that has been harmonized by discussions within IMO and consultation with other international organizations.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1997 Amendments
Adoption: June 1997
Entry into force: 1 January 1999
The amendments concern training for personnel on passenger ships. The amendments include an additional Regulation V/3 in Chapter V on Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships. Related additions are also made to the STCW Code, covering Crowd management training; Familiarization training; Safety training for personnel providing direct service to passengers in passenger spaces; Passenger safety; and Crisis management and human behaviour training.
The 1998 Amendments
Adoption: 9 December 1998
Entry into force: 1 January 2003
Amendments to the STCW Code are aimed at improving minimum standards of competence of crews, in particular relating to cargo securing, loading and unloading on bulk carriers, since these procedures have the potential to put undue stresses on the ship's structure. The amendments concern sections A-II/1 and A-II/2 under "Cargo handling and stowage at the operational and management levels".
Adoption: 7 July 1995
Entry into force: 1 February 1997
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1995 amendments, adopted by a Conference, represented a major revision of the Convention, in response to a recognized need to bring the Convention up to date and to respond to critics who pointed out the many vague phrases, such as "to the satisfaction of the Administration", which resulted in different interpretations being made.
Others complained that the Convention was never uniformly applied and did not impose any strict obligations on Parties regarding implementation. The 1995 amendments entered into force on 1 February 1997. However, until 1 February 2002, Parties may continue to issue, recognize and endorse certificates which applied before that date in respect of seafarers who began training or seagoing service before 1 August 1998.
One of the major features of the revision was the division of the technical annex into regulations, divided into Chapters as before, and a new STCW Code, to which many technical regulations have been transferred. Part A of the Code is mandatory while Part B is recommended.
Dividing the regulations up in this way makes administration easier and it also makes the task of revising and updating them more simple: for procedural and legal reasons there is no need to call a full conference to make changes to Codes.
Some of the most important amendments adopted by the Conference concern Chapter I - General Provisions. They include the following:
Ensuring compliance with the Convention
Parties to the Convention are required to provide detailed information to IMO concerning administrative measures taken to ensure compliance with the Convention. This represented the first time that IMO had been called upon to act in relation to compliance and implementation - generally, implementation is down to the flag States, while port State control also acts to ensure compliance. Under Chapter I, regulation I/7 of the revised Convention, Parties are required to provide detailed information to IMO concerning administrative measures taken to ensure compliance with the Convention, education and training courses, certification procedures and other factors relevant to implementation.
By 1 August 1998 - the deadline for submission of information established in section A-I/7 of the STCW Code - 82 out of the 133 STCW Parties had communicated information on compliance with the requirements of the revised Convention. The 82 Parties which met the deadline represent well over 90% of the world's ships and seafarers.
The information is reviewed by panels of competent persons, nominated by Parties to the STCW Convention, who report on their findings to the IMO Secretary-General, who, in turn, reports to the Maritime Safety Committee (MSC) on the Parties which fully comply. The MSC then produces a list of Parties in compliance with the 1995 amendments.
The first list of countries was approved by the MSC at its 73rd session held from 27 November to 6 December 2000 – it included 71 countries and one Associate Member of IMO.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Port State control
The revised Chapter I includes enhanced procedures concerning the exercise of port State to allow intervention in the case of deficiencies deemed to pose a danger to persons, property or the environment (regulation I/4). This can take place if certificates are not in order or if the ship is involved in a collision or grounding, if there is an illegal discharge of substances (causing pollution) or if the ship is manoeuvred in an erratic or unsafe manner, etc.
Other regulations in chapter I include:
Measures are introduced for watchkeeping personnel to prevent fatigue.
Parties are required to establish procedures for investigating acts by persons to whom they have issued certificates that endanger safety or the environment. Penalties and other disciplinary measures must be prescribed and enforced where the Convention is not complied with.
Technical innovations, such as the use of simulators for training and assessment purposes have been recognized. Simulators are mandatory for training in the use of radar and automatic radar plotting aids (regulation I/12 and section A-I/12 of the STCW Code).
Parties are required to ensure that training, certification and other procedures are continuously monitored by means of a quality standards system (regulation I/8).
Every master, officer and radio operator are required at intervals not exceeding five years to meet the fitness standards and the levels of professional competence contained in Section A-I/11 of the STCW Code. In order to assess the need for revalidation of certificates after 1 February 2002, Parties must compare the standards of competence previously required with those specified in the appropriate certificate in part A of the STCW Code. If necessary, the holders of certificates may be required to undergo training or refresher courses (regulation I/11).
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Chapter II: Master and deck department
The Chapter was revised and updated.
Chapter III: Engine department
The Chapter was revised and updated.
Chapter IV: Radiocommunication and radio personnel
The Chapter was revised and updated.
Chapter V: Special training requirements for personnel on certain types of ships
Special requirements were introduced concerning the training and qualifications of personnel on board ro-ro passenger ships. Previously the only special requirements in the Convention concerned crews on tankers. This change was made in response to proposals made by the Panel of Experts set up to look into ro-ro safety following the capsize and sinking of the ferry Estonia in September 1994. Crews on ro-ro ferries have to receive training in technical aspects and also in crowd and crisis management and human behaviour.
Chapter VI: Emergency, occupational safety, medical care and survival functions
The Chapter incorporates the previous Chapter VI: Proficiency in survival craft and includes mandatory minimum requirements for familiarization, basic safety training and instruction for all seafarers; mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats and fast rescue boats; mandatory minimum requirements for training in advanced firefighting; and mandatory minimum requirements relating to medical first aid and medical care.
Chapter VII: Alternative certification
Regulations regarding alternative certification (also known as the functional approach) are included in a new Chapter VII. This involves enabling crews to gain training and certification in various departments of seafaring rather than being confined to one branch (such as deck or engine room) for their entire career.Although it is a relatively new concept, the 1995 Conference was anxious not to prevent its development. At the same time, the new Chapter is intended to ensure that safety and the environment are not threatened in any way. The use of equivalent educational and training arrangements is permitted under article IX.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Chapter VIII: Watchkeeping
Measures were introduced for watchkeeping personnel to prevent fatigue. Administrations are required to establish and enforce rest periods for watchkeeping personnel and to ensure that watch systems are so arranged that the efficiency of watchkeeping personnel is not impaired by fatigue.
The STCW Code
The regulations contained in the Convention are supported by sections in the STCW Code. Generally speaking, the Convention contains basic requirements which are then enlarged upon and explained in the Code.
Part A of the Code is mandatory. The minimum standards of competence required for seagoing personnel are given in detail in a series of tables. Chapter II of the Code, for example, deals with standards regarding the master and deck department.
Part B of the Code contains recommended guidance which is intended to help Parties implement the Convention. The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with. However, the recommendations in general represent an approach that has been harmonized by discussions within IMO and consultation with other international organizations.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1997 Amendments
Adoption: June 1997
Entry into force: 1 January 1999
The amendments concern training for personnel on passenger ships. The amendments include an additional Regulation V/3 in Chapter V on Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships other than ro-ro passenger ships. Related additions are also made to the STCW Code, covering Crowd management training; Familiarization training; Safety training for personnel providing direct service to passengers in passenger spaces; Passenger safety; and Crisis management and human behaviour training.
The 1998 Amendments
Adoption: 9 December 1998
Entry into force: 1 January 2003
Amendments to the STCW Code are aimed at improving minimum standards of competence of crews, in particular relating to cargo securing, loading and unloading on bulk carriers, since these procedures have the potential to put undue stresses on the ship's structure. The amendments concern sections A-II/1 and A-II/2 under "Cargo handling and stowage at the operational and management levels".
The
2006 amendments
Adoption: May 2006
Entry into force: 1 January 2008
Adoption: May 2006
Entry into force: 1 January 2008
The amendments add new minimum mandatory
training and certification requirements for persons to be designated as ship
security officers (SSOs). The amendments to the STCW Convention and to parts A
and B of the STCW Code include Requirements for the issue of certificates of
proficiency for Ship Security Officers; Specifications of minimum standards of
proficiency for ship security officers; and Guidance regarding training for
Ship Security Officers.
Further amendments to part A of the STCW
Code add additional training requirements for the launching and recovery of
fast rescue boats. The amendments have been prepared in response to reports of
injuries to seafarers in numerous incidents involving the launching and
recovery of fast rescue boats in adverse weather conditions.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The White List
The first so-called “White List” of countries deemed to be giving “full and complete effect” to the revised STCW Convention (STCW 95) was published by IMO following the 73rd session of the Organization’s Maritime Safety Committee (MSC), meeting from 27 November to 6 December 2000.
It is expected that ships flying flags of countries that are not on the White List will be increasingly targeted by Port State Control inspectors. A Flag state Party that is on the White List may, as a matter of policy, elect not to accept seafarers with certificates issued by non White List countries for service on its ships. If it does accept such seafarers, they will be required by 1 February 2002 also to have an endorsement, issued by the flag state, to show that their certificate is recognized by the flag state.
By 1 February 2002, masters and officers should hold STCW 95 certificates or endorsements issued by the flag State. Certificates issued and endorsed under the provisions of the 1978 STCW Convention will be valid until their expiry date.
The list will be kept under review and may be added to as other countries meet the criteria for inclusion. Latest list of confirmed Parties.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1978 STCW Convention –
Introduction
The 1978 Convention – Chapter I: General provisions
The 1978 Convention – Chapter II: Master-deck department
The 1978 Convention – Chapter III: Engine department
The 1978 Convention – Chapter IV: Radio department
The 1978 Convention – Chapter V: Special requirements for tankers
The 1978 Convention – Chapter VI: Proficiency in survival craftResolutions adopted by the 1978 ConferenceAmendment Procedure
The 1991 amendments – GMDSS
The 1994 amendments – tanker crews
The 1978 Convention – Chapter I: General provisions
The 1978 Convention – Chapter II: Master-deck department
The 1978 Convention – Chapter III: Engine department
The 1978 Convention – Chapter IV: Radio department
The 1978 Convention – Chapter V: Special requirements for tankers
The 1978 Convention – Chapter VI: Proficiency in survival craftResolutions adopted by the 1978 ConferenceAmendment Procedure
The 1991 amendments – GMDSS
The 1994 amendments – tanker crews
The
1978 STCW Convention – Introduction
The 1978 STCW Convention was the first to establish basic requirements on training, certification and watchkeeping for seafarers on an international level. Previously the standards of training, certification and watchkeeping of officers and ratings were established by individual governments, usually without reference to practices in other countries. As a result standards and procedures varied widely, even though shipping is the most international of all industries.
The Convention prescribes minimum standards relating to training, certification and watchkeeping for seafarers which countries are obliged to meet or exceed.
The Convention did not deal with manning levels: IMO provisions in this area are covered by a regulation in Chapter V of the International Convention for the Safety of Life at Sea (SOLAS), 1974, whose requirements are backed up by resolution A.890(21) Principles of safe manning, adopted by the IMO Assembly in 1999, as amended by Resolution A.955(23) Amendments to the Principles of Safe Manning (Resolution A.890(21)).
The Articles of the Convention include requirements relating to issues surrounding certification and port State control.
One especially important feature of the Convention is that it applies to ships of non-party States when visiting ports of States which are Parties to the Convention. Article X requires Parties to apply the control measures to ships of all flags to the extent necessary to ensure that no more favourable treatment is given to ships entitled to fly the flag of a State which is not a Party than is given to ships entitled to fly the flag of a State that is a Party.
The difficulties which could arise for ships of States which are not Parties to the Convention is one reason why the Convention has received such wide acceptance. By December 2000, the STCW Convention had 135 Parties, representing 97.53 percent of world shipping tonnage.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1978 Convention – Chapter I
The technical provisions of the 1978 Convention are contained in an Annex, divided into six Chapters:
The 1978 Convention - Chapter I:General provisions
Includes a list of definitions of terms used in the annex. Regulation I/2 deals with the content of the certificate and endorsement form. All certificates must include a translation into English, if that is not the official language of the issuing country.
The 1978 Convention - Chapter II: Master-deck department
The Chapter establishes basic principles to be observed in keeping a navigational watch, covering such matters as watch arrangements, fitness for duty, navigation, navigational equipment, navigational duties and responsibilities, the duties of the look-out, navigation with a pilot on board and protection of the marine environment.
The regulations include mandatory minimum requirements for certificating masters and chief mates; for certification of officers in charge of a navigational watch; and for certification of deck ratings forming part of a navigational watch. The regulations also include basic principles to be observed in keeping watch in port and mandatory minimum requirements for a watch in port on ships carrying hazardous cargo.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1978 Convention - Chapter III: Engine department
Includes basic principles to be observed in keeping an engineering watch; mandatory minimum requirements for certification of chief engineer officers and second engineer officers; mandatory minimum requirements for certification of engineer officers in charge of a watch in a traditionally manned engine room or designated duty officers in a periodically unmanned engine room; requirements to ensure the continued proficiency and updating of knowledge for engineer officers; mandatory minimum requirements for ratings forming part of an engine room watch.
The 1978 Convention - Chapter IV: Radio department
Notes that mandatory provisions relating to radio watchkeeping are set forth in the ITU Radio Regulations and safety radio watchkeeping and maintenance provisions are included in the same regulations and in SOLAS. The Chapter in STCW includes mandatory minimum requirements for certification of radio officers; provisions designed to ensure the continued proficiency and updating of knowledge of radio officers; and minimum requirements for certification of radiotelephone operators.
The 1978 Convention - Chapter V: Special requirements for tankers
The Chapter was designed to ensure that officers and ratings who are to have specific duties related to the cargo and cargo equipment of tankers shall have completed an appropriate shore-based fire-fighting course; and have completed either an appropriate period of shipboard service or an approved familiarization course. Requirements are more stringent for masters and senior officers. Attention is paid not only to safety aspects but also to pollution prevention. The Chapter contains three regulations dealing with oil tankers, chemical tankers and liquefied gas tankers, respectively.
The 1978 Convention - Chapter VI: Proficiency in survival craft
The Chapter establishes requirements governing the issuing of certificates of proficiency in survival craft. An appendix lists the minimum knowledge required for the issue of certificates of proficiency.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Resolutions adopted by the 1978 Conference
The 1978 Conference which adopted the STCW Convention also adopted a number of resolutions designed to back up the Convention itself. The resolutions, which are recommendatory rather than mandatory, incorporate more details than some of the Convention regulations.
Resolution 1 - Basic principles to be observed in keeping a navigational watch. An annex contains a recommendation on operational guidance for officers in charge of a navigational watch.
Resolution 2 - Operational guidance for engineer officers in charge of an engineering watch. An annex to the resolution deals with engineering watch underway and at an unsheltered anchorage.
Resolution 3 - Principles and operational guidance for deck officers in charge of a watch in port. Detailed recommendations are contained in an annex.
Resolution 4 - Principles and operational guidance for engineer officers in charge of an engineering watch in port. Recommendations are in an annex.
Resolution 5 - Basic guidelines and operational guidance relating to safety radio watchkeeping and maintenance for radio officers. A comprehensive annex is divided into basic guidelines and safety radio watchkeeping and maintenance.
Resolution 6 - Basic guidelines and operational guidance relating to safety radio watchkeeping for radio telephone operators.
Resolution 7 - Radio operators. Four recommendations are annexed to this resolution dealing with (i) minimum requirements for certification of radio officers; (ii) minimum requirements to ensure the continued proficiency and updating of knowledge for radio operators; (iii) basic guidelines and operational guidance relating to safety radio watchkeeping and maintenance for radio operators; and (iv) training for radio operators.
Resolution 8 - Additional training for ratings forming part of a navigational watch. Recommends that such ratings be trained in use and operation of appropriate bridge equipment and basic requirements for the prevention of pollution.
Resolution 9 - Minimum requirements for a rating nominated as the assistant to the engineer officer in charge of the watch. Recognizes that suitable training arrangements are not widely available. Detailed requirements are contained in an annex.
Resolution 10 - Training and qualifications of officers and ratings of oil tankers. Refers to resolution 8 adopted by the International Conference on Tanker Safety and Pollution Prevention, 1978 (TSPP), which deals with the improvement of standards of crews on tankers. Recommendation in annex.
Resolution 11 - Training and qualifications of officers and ratings of chemical tankers.
Resolution 12 - Training and qualifications of masters, officers and ratings of liquefied gas tankers.
Resolution 13 - Training and qualifications of officers and ratings of ships carrying dangerous and hazardous cargo other than in bulk.
Resolution 14 - Training for radio officers. Detailed recommendations in annex.
Resolution 15 - Training for radiotelephone operators
Resolution 16 - Technical assistance for the training and qualifications of masters and other responsible personnel of oil, chemical and liquefied gas tankers. Refers to requirements in several Convention regulations and recognizes that training facilities may be limited in some countries. Urges Governments which can provide assistance to do so.· Back to top
Resolution 17 - Additional training for masters and chief mates of large ships and of ships with unusual manoeuvring characteristics. Is designed to assist those moving to ships of this type from smaller vessels, where characteristics may be quite different.
Resolution 18 - Radar simulator training. Recommends that such training be given to all masters and deck officers.
Resolution 19 - Training of seafarers in personal survival techniques. A recommendation is annexed.
Resolution 20 - Training in the use of collision avoidance aids.
Resolution 21 - International Certificate of Competency. Invites IMO to develop a standard form and title for this certificate.
Resolution 22 - Human relationships. Emphasizes the importance to safety of good human relationships between seafarers on board.
Resolution 23 - Promotion of technical co-operation. Records appreciation of IMO's work in assisting developing countries to establish maritime training facilities in conformity with global standards of training and invites the organization to intensify its efforts with a view to promoting universal acceptance and implementation of the STCW Convention.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Amendment Procedure
Amendments to the 1978 STCW Convention's technical Annex may be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization.
Amendments to the STCW Annex will normally enter into force one and a half years after being communicated to all Parties unless, in the meantime, they are rejected by one-third of the Parties or by Parties whose combined fleets represent 50 per cent of world tonnage.
The 1991 amendments
Adoption: 22 May 1991
Entry into force: 1 December 1992
The amendments were mostly concerned with additional requirements made necessary by the implementation of the Global Maritime Distress and Safety System (GMDSS).
The 1994 amendments
Adoption: 25 May 1994
Entry into force: 1 January 1996
The amendments replaced Chapter V on special training for crews on tankers.
The 1978 STCW Convention was the first to establish basic requirements on training, certification and watchkeeping for seafarers on an international level. Previously the standards of training, certification and watchkeeping of officers and ratings were established by individual governments, usually without reference to practices in other countries. As a result standards and procedures varied widely, even though shipping is the most international of all industries.
The Convention prescribes minimum standards relating to training, certification and watchkeeping for seafarers which countries are obliged to meet or exceed.
The Convention did not deal with manning levels: IMO provisions in this area are covered by a regulation in Chapter V of the International Convention for the Safety of Life at Sea (SOLAS), 1974, whose requirements are backed up by resolution A.890(21) Principles of safe manning, adopted by the IMO Assembly in 1999, as amended by Resolution A.955(23) Amendments to the Principles of Safe Manning (Resolution A.890(21)).
The Articles of the Convention include requirements relating to issues surrounding certification and port State control.
One especially important feature of the Convention is that it applies to ships of non-party States when visiting ports of States which are Parties to the Convention. Article X requires Parties to apply the control measures to ships of all flags to the extent necessary to ensure that no more favourable treatment is given to ships entitled to fly the flag of a State which is not a Party than is given to ships entitled to fly the flag of a State that is a Party.
The difficulties which could arise for ships of States which are not Parties to the Convention is one reason why the Convention has received such wide acceptance. By December 2000, the STCW Convention had 135 Parties, representing 97.53 percent of world shipping tonnage.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1978 Convention – Chapter I
The technical provisions of the 1978 Convention are contained in an Annex, divided into six Chapters:
The 1978 Convention - Chapter I:General provisions
Includes a list of definitions of terms used in the annex. Regulation I/2 deals with the content of the certificate and endorsement form. All certificates must include a translation into English, if that is not the official language of the issuing country.
The 1978 Convention - Chapter II: Master-deck department
The Chapter establishes basic principles to be observed in keeping a navigational watch, covering such matters as watch arrangements, fitness for duty, navigation, navigational equipment, navigational duties and responsibilities, the duties of the look-out, navigation with a pilot on board and protection of the marine environment.
The regulations include mandatory minimum requirements for certificating masters and chief mates; for certification of officers in charge of a navigational watch; and for certification of deck ratings forming part of a navigational watch. The regulations also include basic principles to be observed in keeping watch in port and mandatory minimum requirements for a watch in port on ships carrying hazardous cargo.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
The 1978 Convention - Chapter III: Engine department
Includes basic principles to be observed in keeping an engineering watch; mandatory minimum requirements for certification of chief engineer officers and second engineer officers; mandatory minimum requirements for certification of engineer officers in charge of a watch in a traditionally manned engine room or designated duty officers in a periodically unmanned engine room; requirements to ensure the continued proficiency and updating of knowledge for engineer officers; mandatory minimum requirements for ratings forming part of an engine room watch.
The 1978 Convention - Chapter IV: Radio department
Notes that mandatory provisions relating to radio watchkeeping are set forth in the ITU Radio Regulations and safety radio watchkeeping and maintenance provisions are included in the same regulations and in SOLAS. The Chapter in STCW includes mandatory minimum requirements for certification of radio officers; provisions designed to ensure the continued proficiency and updating of knowledge of radio officers; and minimum requirements for certification of radiotelephone operators.
The 1978 Convention - Chapter V: Special requirements for tankers
The Chapter was designed to ensure that officers and ratings who are to have specific duties related to the cargo and cargo equipment of tankers shall have completed an appropriate shore-based fire-fighting course; and have completed either an appropriate period of shipboard service or an approved familiarization course. Requirements are more stringent for masters and senior officers. Attention is paid not only to safety aspects but also to pollution prevention. The Chapter contains three regulations dealing with oil tankers, chemical tankers and liquefied gas tankers, respectively.
The 1978 Convention - Chapter VI: Proficiency in survival craft
The Chapter establishes requirements governing the issuing of certificates of proficiency in survival craft. An appendix lists the minimum knowledge required for the issue of certificates of proficiency.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Resolutions adopted by the 1978 Conference
The 1978 Conference which adopted the STCW Convention also adopted a number of resolutions designed to back up the Convention itself. The resolutions, which are recommendatory rather than mandatory, incorporate more details than some of the Convention regulations.
Resolution 1 - Basic principles to be observed in keeping a navigational watch. An annex contains a recommendation on operational guidance for officers in charge of a navigational watch.
Resolution 2 - Operational guidance for engineer officers in charge of an engineering watch. An annex to the resolution deals with engineering watch underway and at an unsheltered anchorage.
Resolution 3 - Principles and operational guidance for deck officers in charge of a watch in port. Detailed recommendations are contained in an annex.
Resolution 4 - Principles and operational guidance for engineer officers in charge of an engineering watch in port. Recommendations are in an annex.
Resolution 5 - Basic guidelines and operational guidance relating to safety radio watchkeeping and maintenance for radio officers. A comprehensive annex is divided into basic guidelines and safety radio watchkeeping and maintenance.
Resolution 6 - Basic guidelines and operational guidance relating to safety radio watchkeeping for radio telephone operators.
Resolution 7 - Radio operators. Four recommendations are annexed to this resolution dealing with (i) minimum requirements for certification of radio officers; (ii) minimum requirements to ensure the continued proficiency and updating of knowledge for radio operators; (iii) basic guidelines and operational guidance relating to safety radio watchkeeping and maintenance for radio operators; and (iv) training for radio operators.
Resolution 8 - Additional training for ratings forming part of a navigational watch. Recommends that such ratings be trained in use and operation of appropriate bridge equipment and basic requirements for the prevention of pollution.
Resolution 9 - Minimum requirements for a rating nominated as the assistant to the engineer officer in charge of the watch. Recognizes that suitable training arrangements are not widely available. Detailed requirements are contained in an annex.
Resolution 10 - Training and qualifications of officers and ratings of oil tankers. Refers to resolution 8 adopted by the International Conference on Tanker Safety and Pollution Prevention, 1978 (TSPP), which deals with the improvement of standards of crews on tankers. Recommendation in annex.
Resolution 11 - Training and qualifications of officers and ratings of chemical tankers.
Resolution 12 - Training and qualifications of masters, officers and ratings of liquefied gas tankers.
Resolution 13 - Training and qualifications of officers and ratings of ships carrying dangerous and hazardous cargo other than in bulk.
Resolution 14 - Training for radio officers. Detailed recommendations in annex.
Resolution 15 - Training for radiotelephone operators
Resolution 16 - Technical assistance for the training and qualifications of masters and other responsible personnel of oil, chemical and liquefied gas tankers. Refers to requirements in several Convention regulations and recognizes that training facilities may be limited in some countries. Urges Governments which can provide assistance to do so.· Back to top
Resolution 17 - Additional training for masters and chief mates of large ships and of ships with unusual manoeuvring characteristics. Is designed to assist those moving to ships of this type from smaller vessels, where characteristics may be quite different.
Resolution 18 - Radar simulator training. Recommends that such training be given to all masters and deck officers.
Resolution 19 - Training of seafarers in personal survival techniques. A recommendation is annexed.
Resolution 20 - Training in the use of collision avoidance aids.
Resolution 21 - International Certificate of Competency. Invites IMO to develop a standard form and title for this certificate.
Resolution 22 - Human relationships. Emphasizes the importance to safety of good human relationships between seafarers on board.
Resolution 23 - Promotion of technical co-operation. Records appreciation of IMO's work in assisting developing countries to establish maritime training facilities in conformity with global standards of training and invites the organization to intensify its efforts with a view to promoting universal acceptance and implementation of the STCW Convention.
http://imo6/administration4/html_download.asp?doc_id=651 - top
http://imo6/administration4/html_download.asp?doc_id=651 - top
Amendment Procedure
Amendments to the 1978 STCW Convention's technical Annex may be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization.
Amendments to the STCW Annex will normally enter into force one and a half years after being communicated to all Parties unless, in the meantime, they are rejected by one-third of the Parties or by Parties whose combined fleets represent 50 per cent of world tonnage.
The 1991 amendments
Adoption: 22 May 1991
Entry into force: 1 December 1992
The amendments were mostly concerned with additional requirements made necessary by the implementation of the Global Maritime Distress and Safety System (GMDSS).
The 1994 amendments
Adoption: 25 May 1994
Entry into force: 1 January 1996
The amendments replaced Chapter V on special training for crews on tankers.
Xx
International Convention on Maritime Search and Rescue, 1979
Adoption: 27 April 1979
Entry into force: 22 June 1985
Introduction
Amendment Procedure
IMO search and rescue areas
Revision of SAR Convention
The 1998 amendments - Entry into force: 1 January 2000
Chapter 1 - Terms and Definitions
Chapter 2 - Organization and Co-ordination
Chapter 3 - Co-operation between States
Chapter 4 - Operating Procedures
Chapter 5 - Ship reporting systems
International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual
2004 amendments - persons in distress at sea
Introduction
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations.
Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no international system covering search and rescue operations. In some areas there was a well-established organization able to provide assistance promptly and efficiently, in others there was nothing at all.
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters.
Parties are encouraged to enter into SAR agreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other Parties.
The Convention then goes on to establish preparatory measures which should be taken, including the establishment of rescue co-ordination centres and subcentres. It 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 his duties.
Parties to the Convention are required to establish ship reporting systems, under which ships report their position to a coast radio station. This enables the interval between the loss of contact with a vessel and the initiation of search operations to be reduced. It also helps to permit the rapid determination of vessels which may be called upon to provide assistance including medical help when required.
Amendment Procedure
The SAR Convention allowed for amendments to the technical Annex to be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization. Amendments to the SAR Convention enter into force on a specified date unless objections are received from a required number of Parties.
IMO search and rescue areas
Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which they are responsible.
Provisional search and rescue plans for all of these areas were completed when plans for the Indian Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998.
Revision of SAR Convention
The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally important, many of the world's coastal States had not accepted the Convention and the obligations it imposed.
It was generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to problems with the SAR Convention itself and that these could best be overcome by amending the Convention.
At a meeting in October 1995 in Hamburg, Germany, it was agreed that there were a number of substantial concerns that needed to be taken into account, including:
- lessons learned from SAR operations;
- experiences of States which had implemented the Convention;
- questions and concerns posed especially by developing States which were not yet Party to the Convention;
- need to further harmonize the IMO and International Civil Aviation Organization (ICAO) SAR provisions;
- inconsistent use of Convention terminology and phraseology.
IMO's Sub-Committee on Radio-Communications and Search and Rescue (COMSAR) was requested to revise the technical Annex of the Convention. A draft text was prepared and was approved by the 68th session of the MSC in May 1997, and was then adopted by the 69th MSC session in May 1998.
The 1998 amendments
Adopted: 18 May 1998
Entry into force: 1 January 2000
The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.
The revised Annex includes five Chapters:
Chapter 1 - Terms and Definitions
This Chapter updates the original Chapter 1 of the same name.
Chapter 2 - Organization and Co-ordination
Replaces the 1979 Chapter 2 on Organization. The Chapter has been re-drafted to make the responsibilities of Governments clearer. It requires Parties, either individually or in co-operation with other States, to establish basic elements of a search and rescue service, to include:
- Legal framework
- Assignment of a responsible authority
- Organization of available resources
- Communication facilities
- Co-ordination and operational functions
- Processes to improve the service including planning, domestic and international co-operative relationships and training.
Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned. Parties then accept responsibility for providing search and rescue services for a specified area.
The Chapter also describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of English.
Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical services".
Chapter 3 - Co-operation between States
Replaces the original Chapter 3 on Co-operation.
Adoption: 27 April 1979
Entry into force: 22 June 1985
Introduction
Amendment Procedure
IMO search and rescue areas
Revision of SAR Convention
The 1998 amendments - Entry into force: 1 January 2000
Chapter 1 - Terms and Definitions
Chapter 2 - Organization and Co-ordination
Chapter 3 - Co-operation between States
Chapter 4 - Operating Procedures
Chapter 5 - Ship reporting systems
International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual
2004 amendments - persons in distress at sea
Introduction
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations.
Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no international system covering search and rescue operations. In some areas there was a well-established organization able to provide assistance promptly and efficiently, in others there was nothing at all.
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters.
Parties are encouraged to enter into SAR agreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other Parties.
The Convention then goes on to establish preparatory measures which should be taken, including the establishment of rescue co-ordination centres and subcentres. It 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 his duties.
Parties to the Convention are required to establish ship reporting systems, under which ships report their position to a coast radio station. This enables the interval between the loss of contact with a vessel and the initiation of search operations to be reduced. It also helps to permit the rapid determination of vessels which may be called upon to provide assistance including medical help when required.
Amendment Procedure
The SAR Convention allowed for amendments to the technical Annex to be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization. Amendments to the SAR Convention enter into force on a specified date unless objections are received from a required number of Parties.
IMO search and rescue areas
Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which they are responsible.
Provisional search and rescue plans for all of these areas were completed when plans for the Indian Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998.
Revision of SAR Convention
The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally important, many of the world's coastal States had not accepted the Convention and the obligations it imposed.
It was generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to problems with the SAR Convention itself and that these could best be overcome by amending the Convention.
At a meeting in October 1995 in Hamburg, Germany, it was agreed that there were a number of substantial concerns that needed to be taken into account, including:
- lessons learned from SAR operations;
- experiences of States which had implemented the Convention;
- questions and concerns posed especially by developing States which were not yet Party to the Convention;
- need to further harmonize the IMO and International Civil Aviation Organization (ICAO) SAR provisions;
- inconsistent use of Convention terminology and phraseology.
IMO's Sub-Committee on Radio-Communications and Search and Rescue (COMSAR) was requested to revise the technical Annex of the Convention. A draft text was prepared and was approved by the 68th session of the MSC in May 1997, and was then adopted by the 69th MSC session in May 1998.
The 1998 amendments
Adopted: 18 May 1998
Entry into force: 1 January 2000
The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.
The revised Annex includes five Chapters:
Chapter 1 - Terms and Definitions
This Chapter updates the original Chapter 1 of the same name.
Chapter 2 - Organization and Co-ordination
Replaces the 1979 Chapter 2 on Organization. The Chapter has been re-drafted to make the responsibilities of Governments clearer. It requires Parties, either individually or in co-operation with other States, to establish basic elements of a search and rescue service, to include:
- Legal framework
- Assignment of a responsible authority
- Organization of available resources
- Communication facilities
- Co-ordination and operational functions
- Processes to improve the service including planning, domestic and international co-operative relationships and training.
Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned. Parties then accept responsibility for providing search and rescue services for a specified area.
The Chapter also describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of English.
Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical services".
Chapter 3 - Co-operation between States
Replaces the original Chapter 3 on Co-operation.
Requires Parties to co-ordinate search and
rescue organizations, and, where necessary, search and rescue operations with
those of neighbouring States. The Chapter states that unless otherwise agreed
between the States concerned, a Party should authorize, subject to applicable
national laws, rules and regulations, immediate entry into or over its
territorial sea or territory for rescue units of other Parties solely for the
purpose of search and rescue.
Chapter 4 - Operating Procedures
Incorporates the previous Chapters 4 (Preparatory Measures) and 5 (Operating Procedures).
Chapter 4 - Operating Procedures
Incorporates the previous Chapters 4 (Preparatory Measures) and 5 (Operating Procedures).
The Chapter says that each RCC (Rescue
Co-ordination Centre) and RSC (Rescue Sub-Centre) should have up-to-date
information on search and rescue facilities and communications in the area and
should have detailed plans for conduct of search and rescue operations. Parties
- individually or in co-operation with others should be capable of receiving
distress alerts on a 24-hour basis. The regulations include procedures to be
followed during an emergency and state that search and rescue activities should
be co-ordinated on scene for the most effective results. The Chapter says that
"Search and rescue operations shall continue, when practicable, until all
reasonable hope of rescuing survivors has passed".
Chapter 5 - Ship reporting systems
Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
IAMSAR Manual
Concurrently with the revision of the SAR Convention, the IMO and the International Civil Aviation Organization (ICAO) jointly developed the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, published in three volumes covering Organization and Management; Mission Co-ordination; and Mobile Facilities.
The IAMSAR Manual revises and replaces the IMO Merchant Ship Search and Rescue Manual (MERSAR), first published in 1971, and the IMO Search and Rescue Manual (IMOSAR), first published in 1978.
The MERSAR Manual was the first step towards developing the 1979 SAR Convention and it provided guidance for those who, during emergencies at sea, may require assistance from others or who may be able to provide assistance themselves. In particular, it was designed to aid the master of any vessel who might be called upon to conduct SAR operations at sea for persons in distress. The manual was updated several times with the latest amendments being adopted in 1992 - they entered into force in 1993.
The second manual, the IMOSAR Manual, was adopted in l978. It was designed to help Governments to implement the SAR Convention and provided guidelines rather than requirements for a common maritime search and rescue policy, encouraging all coastal States to develop their organizations on similar lines and enabling adjacent States to co-operate and provide mutual assistance. It was also updated in 1992, with the amendments entering into force in 1993.
This manual was aligned as closely as possible with ICAO Search and Rescue Manual to ensure a common policy and to facilitate consultation of the two manuals for administrative or operational reasons. MERSAR was also aligned, where appropriate, with IMOSAR.
Chapter 5 - Ship reporting systems
Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
IAMSAR Manual
Concurrently with the revision of the SAR Convention, the IMO and the International Civil Aviation Organization (ICAO) jointly developed the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, published in three volumes covering Organization and Management; Mission Co-ordination; and Mobile Facilities.
The IAMSAR Manual revises and replaces the IMO Merchant Ship Search and Rescue Manual (MERSAR), first published in 1971, and the IMO Search and Rescue Manual (IMOSAR), first published in 1978.
The MERSAR Manual was the first step towards developing the 1979 SAR Convention and it provided guidance for those who, during emergencies at sea, may require assistance from others or who may be able to provide assistance themselves. In particular, it was designed to aid the master of any vessel who might be called upon to conduct SAR operations at sea for persons in distress. The manual was updated several times with the latest amendments being adopted in 1992 - they entered into force in 1993.
The second manual, the IMOSAR Manual, was adopted in l978. It was designed to help Governments to implement the SAR Convention and provided guidelines rather than requirements for a common maritime search and rescue policy, encouraging all coastal States to develop their organizations on similar lines and enabling adjacent States to co-operate and provide mutual assistance. It was also updated in 1992, with the amendments entering into force in 1993.
This manual was aligned as closely as possible with ICAO Search and Rescue Manual to ensure a common policy and to facilitate consultation of the two manuals for administrative or operational reasons. MERSAR was also aligned, where appropriate, with IMOSAR.
2004
amendments - persons in distress at sea
Adoption:
May 2004
Entry into force: 1 July 2006
Entry into force: 1 July 2006
The amendments to the Annex to the
Convention include:
- addition of a new paragraph in chapter 2 (Organization and co-ordination) relating to definition of persons in distress;
- new paragraphs in chapter 3 (Co-operation between States) relating to assistance to the master in delivering persons rescued at sea to a place of safety; and
- a new paragraph in chapter 4 (Operating procedures) relating to rescue co- ordination centres initiating the process of identifying the most appropriate places for disembarking persons found in distress at sea.
Xx
Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation, 1988
Adoption:
10 March 1988
Entry into force: 1 March 1992
Entry into force: 1 March 1992
Protocol
for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf, 1988
Adoption: 10 March 1988
Entry into force: 1 March 1992
The Protocol extends the requirements of the Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.
Introduction
Resolution A.584(14) Measures to prevent unlawful acts
MSC Circular Measures to prevent unlawful acts
Convention aims
Amendment procedure
2005 Protocols
Introduction
Concern about unlawful acts which threaten the safety of ships and the security of their passengers and crews grew during the 1980s, with reports of crews being kidnapped, ships being hi-jacked, deliberately run aground or blown up by explosives. Passengers were threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a proposal by the United States that measures to prevent such unlawful acts should be developed by IMO was supported.
Resolution A.584(14)
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew which notes "with great concern the danger to passengers and crews resulting from the increasing number of incidents involving piracy, armed robbery and other unlawful acts against or on board ships, including small craft, both at anchor and under way."
The IMO Assembly directed the Maritime Safety Committee to develop, on a priority basis, detailed and practical technical measures, including both shoreside and shipboard measures, to ensure the security of passengers and crews on board ships. The measures were to take into account the work of the International Civil Aviation Organization (ICAO) in the development of standards and recommended practices for airport and aircraft security.
In December 1985 further support came from the United Nations General Assembly which called upon IMO "to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures."
MSC Circular
The MSC in 1986 issued a Circular (MSC/Circ.443) on Measures to prevent unlawful acts against passengers and crews on board ships - which states that Governments, port authorities, administrations, shipowners, shipmasters and crews should take appropriate measures to prevent unlawful acts which may threaten passengers and crews. The Circular gives guidelines on measures that can be taken - with application to passenger ships engaged on international voyages of 24 hours or more and port facilities which service them.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a convention on the subject of unlawful acts against the safety of maritime navigation 'to provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole."
Convention aims
The proposal was supported, and in March 1988 a conference was held in Rome which adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships. These include the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
Amendment procedure
IMO may convene a conference of States parties to the Convention for the purpose of revising or amending the convention, at the request of one third or ten States Parties, whichever is the highest.
Adoption: 10 March 1988
Entry into force: 1 March 1992
The Protocol extends the requirements of the Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.
Introduction
Resolution A.584(14) Measures to prevent unlawful acts
MSC Circular Measures to prevent unlawful acts
Convention aims
Amendment procedure
2005 Protocols
Introduction
Concern about unlawful acts which threaten the safety of ships and the security of their passengers and crews grew during the 1980s, with reports of crews being kidnapped, ships being hi-jacked, deliberately run aground or blown up by explosives. Passengers were threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a proposal by the United States that measures to prevent such unlawful acts should be developed by IMO was supported.
Resolution A.584(14)
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew which notes "with great concern the danger to passengers and crews resulting from the increasing number of incidents involving piracy, armed robbery and other unlawful acts against or on board ships, including small craft, both at anchor and under way."
The IMO Assembly directed the Maritime Safety Committee to develop, on a priority basis, detailed and practical technical measures, including both shoreside and shipboard measures, to ensure the security of passengers and crews on board ships. The measures were to take into account the work of the International Civil Aviation Organization (ICAO) in the development of standards and recommended practices for airport and aircraft security.
In December 1985 further support came from the United Nations General Assembly which called upon IMO "to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures."
MSC Circular
The MSC in 1986 issued a Circular (MSC/Circ.443) on Measures to prevent unlawful acts against passengers and crews on board ships - which states that Governments, port authorities, administrations, shipowners, shipmasters and crews should take appropriate measures to prevent unlawful acts which may threaten passengers and crews. The Circular gives guidelines on measures that can be taken - with application to passenger ships engaged on international voyages of 24 hours or more and port facilities which service them.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a convention on the subject of unlawful acts against the safety of maritime navigation 'to provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole."
Convention aims
The proposal was supported, and in March 1988 a conference was held in Rome which adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships. These include the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
Amendment procedure
IMO may convene a conference of States parties to the Convention for the purpose of revising or amending the convention, at the request of one third or ten States Parties, whichever is the highest.
2005
Protocolsl
Adoption: 14 October 2005
Adoption: 14 October 2005
Entry
into force: The amended Convention for the Suppression
of Unlawful Acts Against the Safety of Maritime Navigation will enter into
force ninety days after the date on which twelve States have either signed it
without reservation as to ratification, acceptance or approval, or have
deposited an instrument of ratification, acceptance, approval or accession with
the Secretary-General.
The amended Protocol requires ratification
from three States which are also party to the SUA Convention but it cannot come
into force unless the 2005 SUA Convention is already in force.
Amendments to the Convention for the
Suppression of Unlawful Acts (SUA) Against the Safety of Maritime Navigation,
1988 and its related Protocol, were adopted by the Diplomatic Conference on the
Revision of the SUA Treaties held from 10 to 14 October 2005. The amendments
were adopted in the form of Protocols to the SUA treaties (the 2005 Protocols).
2005
Protocol to the SUA Convention
Among the unlawful acts covered by the SUA Convention in Article 3 are the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The 2005 Protocol to the SUA Convention adds a new Article 3bis which states that a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally:
Among the unlawful acts covered by the SUA Convention in Article 3 are the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The 2005 Protocol to the SUA Convention adds a new Article 3bis which states that a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally:
|
·
|
when the purpose of the act, by its
nature or context, is to intimidate a population, or to compel a Government
or an international organization to do or to abstain from any act:
|
|
|
|
-
|
uses against or on a ship or discharging
from a ship any explosive, radioactive material or BCN (biological, chemical,
nuclear) weapon in a manner that causes or is likely to cause death or
serious injury or damage;
|
|
|
-
|
discharges, from a ship, oil, liquefied
natural gas, or other hazardous or noxious substance, in such quantity or
concentration that causes or is likely to cause death or serious injury or
damage;
|
|
|
-
|
uses a ship in a manner that causes death
or serious injury or damage;
|
|
·
|
transports on board a ship any explosive
or radioactive material, knowing that it is intended to be used to cause, or
in a threat to cause, death or serious injury or damage for the purpose of
intimidating a population, or compelling a Government or an international
organization to do or to abstain from doing any act;
|
|
|
·
|
transports on board a ship any BCN
weapon, knowing it to be a BCN weapon;
|
|
|
·
|
any source material, special fissionable
material, or equipment or material especially designed or prepared for the
processing, use or production of special fissionable material, knowing that
it is intended to be used in a nuclear explosive activity or in any other
nuclear activity not under safeguards pursuant to an IAEA comprehensive
safeguards agreement; and
|
|
|
·
|
transports on board a ship any equipment,
materials or software or related technology that significantly contributes to
the design, manufacture or delivery of a BCN weapon, with the intention that
it will be used for such purpose.
|
|
The transportation of nuclear material is
not considered an offence if such item or material is transported to or from
the territory of, or is otherwise transported under the control of, a State
Party to the Treaty on the Non Proliferation of Nuclear Weapons (Subject to
conditions).
Under the new instrument, a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence under the SUA Convention or an offence set forth in any treaty listed in the Annex. The Annex lists nine such treaties.
The new instrument also makes it an offence to unlawfully and intentionally injure or kill any person in connection with the commission of any of the offences in the Convention; to attempt to commit an offence; to participate as an accomplice; to organize or direct others to commit an offence; or to contribute to the commissioning of an offence.
A new Article requires Parties to take necessary measures to enable a legal entity (this could be a company or organization, for example) to be made liable and to face sanctions when a person responsible for management of control of that legal entity has, that capacity, committed an offence under the Convention.
Under the new instrument, a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence under the SUA Convention or an offence set forth in any treaty listed in the Annex. The Annex lists nine such treaties.
The new instrument also makes it an offence to unlawfully and intentionally injure or kill any person in connection with the commission of any of the offences in the Convention; to attempt to commit an offence; to participate as an accomplice; to organize or direct others to commit an offence; or to contribute to the commissioning of an offence.
A new Article requires Parties to take necessary measures to enable a legal entity (this could be a company or organization, for example) to be made liable and to face sanctions when a person responsible for management of control of that legal entity has, that capacity, committed an offence under the Convention.
Boarding
provisions
Article 8 of the SUA Convention covers the responsibilities and roles of the master of the ship, flag State and receiving State in delivering to the authorities of any State Party any person believed to have committed an offence under the Convention, including the furnishing of evidence pertaining to the alleged offence.
A new Article 8bis in the 2005 Protocol covers co-operation and procedures to be followed if a State Party desires to board a ship flying the flag of a State Party when the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship is, has been, or is about to be involved in, the commission of an offence under the Convention.
The authorization and co-operation of the flag State is required before such a boarding. A State Party may notify the IMO Secretary-General that it would allow authorization to board and search a ship flying its flag, its cargo and persons on board if there is no response from the flag State within four hours. A State Party can also notify that it authorizes a requesting Party to board and search the ship, its cargo and persons on board, and to question the persons on board to determine if an offence has been, or is about to be, committed.
The use of force is to be avoided except when necessary to ensure the safety of officials and persons on board, or where the officials are obstructed to the execution of authorized actions.
Article 8bis includes important safeguards when a State Party takes measures against a ship, including boarding. The safeguards include: not endangering the safety of life at sea; ensuring that all persons on board are treated in a manner which preserves human dignity and in keeping with human rights law; taking due account of safety and security of the ship and its cargo; ensuring that measures taken are environmentally sound; and taking reasonable efforts to avoid a ship being unduly detained or delayed.
Article 8 of the SUA Convention covers the responsibilities and roles of the master of the ship, flag State and receiving State in delivering to the authorities of any State Party any person believed to have committed an offence under the Convention, including the furnishing of evidence pertaining to the alleged offence.
A new Article 8bis in the 2005 Protocol covers co-operation and procedures to be followed if a State Party desires to board a ship flying the flag of a State Party when the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship is, has been, or is about to be involved in, the commission of an offence under the Convention.
The authorization and co-operation of the flag State is required before such a boarding. A State Party may notify the IMO Secretary-General that it would allow authorization to board and search a ship flying its flag, its cargo and persons on board if there is no response from the flag State within four hours. A State Party can also notify that it authorizes a requesting Party to board and search the ship, its cargo and persons on board, and to question the persons on board to determine if an offence has been, or is about to be, committed.
The use of force is to be avoided except when necessary to ensure the safety of officials and persons on board, or where the officials are obstructed to the execution of authorized actions.
Article 8bis includes important safeguards when a State Party takes measures against a ship, including boarding. The safeguards include: not endangering the safety of life at sea; ensuring that all persons on board are treated in a manner which preserves human dignity and in keeping with human rights law; taking due account of safety and security of the ship and its cargo; ensuring that measures taken are environmentally sound; and taking reasonable efforts to avoid a ship being unduly detained or delayed.
Extradition
Article 11 covers extradition procedures. A new Article 11bis states that none of the offences should be considered for the purposes of extradition as a political offence. New article 11ter states that the obligation to extradite or afford mutual legal assistance need not apply if the request for extradition is believed to have been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that person's position for any of these reasons.
Article 12 of the Convention requires States Parties to afford one another assistance in connection with criminal proceedings brought in respect of the offences. A new Article 12bis cover the conditions under which a person who is being detained or is serving a sentence in the territory of one State Party may be transferred to another State Party for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences.
Article 11 covers extradition procedures. A new Article 11bis states that none of the offences should be considered for the purposes of extradition as a political offence. New article 11ter states that the obligation to extradite or afford mutual legal assistance need not apply if the request for extradition is believed to have been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that person's position for any of these reasons.
Article 12 of the Convention requires States Parties to afford one another assistance in connection with criminal proceedings brought in respect of the offences. A new Article 12bis cover the conditions under which a person who is being detained or is serving a sentence in the territory of one State Party may be transferred to another State Party for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences.
Amendment
procedure
Amendments to the Articles in the Convention require acceptance by a requisite number of States. However, the Annex, which lists the treaties under which offences can be considered for the purpose of the SUA Convention, has a special amendment procedure.
The treaties listed are:
Amendments to the Articles in the Convention require acceptance by a requisite number of States. However, the Annex, which lists the treaties under which offences can be considered for the purpose of the SUA Convention, has a special amendment procedure.
The treaties listed are:
|
1
|
Convention for the Suppression of
Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970
|
|
2
|
Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23
September 1971
|
|
3
|
Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including
Diplomatic Agents, adopted by the General Assembly of the United Nations on
14 December 1973
|
|
4
|
International Convention against the
Taking of Hostages, adopted by the General Assembly of the United Nations on
17 December 1979
|
|
5
|
Convention on the Physical Protection of
Nuclear Material, done at Vienna on 26 October 1979
|
|
6
|
Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 24 February 1988
|
|
7
|
Protocol for the Suppression of Unlawful
Acts against the Safety of Fixed Platforms Located on the Continental Shelf,
done at Rome on 10 March 1988
|
|
8
|
International Convention for the
Suppression of Terrorist Bombings, adopted by the General Assembly of the
United Nations on 15 December 1997
|
|
9
|
International Convention for the
Suppression of the Financing of Terrorism, adopted by the General Assembly of
the United Nations on 9 December 1999
|
2005
Protocol to the 1988 SUA Protocol
The amendments to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf reflect those in the 2005 Protocol to the SUA Convention.
New article 2bis broadens the range of offences included in the Protocol. A person commits an offence if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act, uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or discharges from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity or concentration, that it causes or is likely to cause death or serious injury or damage; or threatens, with or without a condition, as is provided for under national law, to commit an offence.
New article 2ter includes the offences of unlawfully and intentionally injuring or killing any person in connection with the commission of any of the offences; attempting to commit an offence; participating as an accomplice; organizing or directing others to commit an offence.
The amendments to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf reflect those in the 2005 Protocol to the SUA Convention.
New article 2bis broadens the range of offences included in the Protocol. A person commits an offence if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act, uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or discharges from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity or concentration, that it causes or is likely to cause death or serious injury or damage; or threatens, with or without a condition, as is provided for under national law, to commit an offence.
New article 2ter includes the offences of unlawfully and intentionally injuring or killing any person in connection with the commission of any of the offences; attempting to commit an offence; participating as an accomplice; organizing or directing others to commit an offence.
Xxx
International Convention on Load
Lines, 1966
Adoption:
5 April 1966
Entry into force: 21 July 1968
Introduction and history
Load Lines 1966 - Annexes
Amendments 1971, 1975, 1979, 1983
Adoption of tacit amendment procedure 1988 Protocol
The 1995 amendments
The 2003 amendments - revision of technical annex
Introduction and history
It has long been recognized that limitations on the draught to which a ship may be loaded make a significant contribution to her safety. These limits are given in the form of freeboards, which constitute, besides external weathertight and watertight integrity, the main objective of the Convention.
The first International Convention on Load Lines, adopted in 1930, was based on the principle of reserve buoyancy, although it was recognized then that the freeboard should also ensure adequate stability and avoid excessive stress on the ship's hull as a result of overloading.
In the 1966 Load Lines convention, adopted by IMO, provisions are made determining the freeboard of tankers by subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different zones and different seasons. The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways and other items. The main purpose of these measures is to ensure the watertight integrity of ships' hulls below the freeboard deck.
All assigned load lines must be marked amidships on each side of the ship, together with the deck line. Ships intended for the carriage of timber deck cargo are assigned a smaller freeboard as the deck cargo provides protection against the impact of waves
Load Lines 1966 - Annexes
The Convention includes Annex I, divided into four Chapters:
· Chapter I - General;
· Chapter II - Conditions of assignment of freeboard;
· Chapter III - Freeboards;
· Chapter IV - Special requirements for ships assigned timber freeboards.·
Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line Certificate.
Amendments 1971, 1975, 1979, 1983
The 1966 Convention provided for amendments to be made by positive acceptance. Amendments could be considered by the Maritime Safety Committee, the IMO Assembly or by a Conference of Governments. Amendments would then only come into force 12 months after being accepted by two-thirds of Contracting Parties.In practice, amendments adopted between 1971 and 1983 never received enough acceptances to enter into force. These included:
· the 1971 amendments - to make certain improvements to the text and to the chart of zones and seasonal areas;
· the 1975 amendments - to introduce the principle of 'tacit acceptance' into the Convention;
· the 1979 amendments - to make some alterations to zone boundaries off the coast of Australia; and
· the 1983 amendments - to extend the summer and tropical zones southward off the coast of Chile.
Adoption of tacit amendment procedure 1988
The 1988 Protocol
Adoption: 11 November 1988
Entry into force: 3 February 2000
The Protocol was primarily adopted in order to harmonize the Convention's survey and certification requirement with those contained in SOLAS and MARPOL 73/78.
All three instruments require the issuing of certificates to show that requirements have been met and this has to be done by means of a survey which can involve the ship being out of service for several days.
The harmonized system alleviates the problems caused by survey dates and intervals between surveys which do not coincide, so that a ship should no longer have to go into port or repair yard for a survey required by one Convention shortly after doing the same thing in connection with another instrument.
The 1988 Load Lines Protocol revised certain regulations in the technical Annexes to the Load Lines Convention and introduced the tacit amendment procedure (which was already applicable to the 1974 SOLAS Convention).Amendments to the Convention may be considered either by the Maritime Safety Committee or by a Conference of Parties.
Amendments must be adopted by a two-thirds majority of Parties to the Convention present and voting. Amendments enter into force six months after the deemed date of acceptance - which must be at least a year after the date of communication of adoption of amendments unless they are rejected by one-third of Parties. Usually, the date from adoption to deemed acceptance is two years.
The 1995 amendments
Adopted: 23 November 1995
Entry into force: 12 months after being accepted by two-thirds of Contracting Governments.
Status: superseded by 2003 amendments
The 2003 amendments
Adopted: June 2003
Entry into force: 1 January 2005
Entry into force: 21 July 1968
Introduction and history
Load Lines 1966 - Annexes
Amendments 1971, 1975, 1979, 1983
Adoption of tacit amendment procedure 1988 Protocol
The 1995 amendments
The 2003 amendments - revision of technical annex
Introduction and history
It has long been recognized that limitations on the draught to which a ship may be loaded make a significant contribution to her safety. These limits are given in the form of freeboards, which constitute, besides external weathertight and watertight integrity, the main objective of the Convention.
The first International Convention on Load Lines, adopted in 1930, was based on the principle of reserve buoyancy, although it was recognized then that the freeboard should also ensure adequate stability and avoid excessive stress on the ship's hull as a result of overloading.
In the 1966 Load Lines convention, adopted by IMO, provisions are made determining the freeboard of tankers by subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different zones and different seasons. The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways and other items. The main purpose of these measures is to ensure the watertight integrity of ships' hulls below the freeboard deck.
All assigned load lines must be marked amidships on each side of the ship, together with the deck line. Ships intended for the carriage of timber deck cargo are assigned a smaller freeboard as the deck cargo provides protection against the impact of waves
Load Lines 1966 - Annexes
The Convention includes Annex I, divided into four Chapters:
· Chapter I - General;
· Chapter II - Conditions of assignment of freeboard;
· Chapter III - Freeboards;
· Chapter IV - Special requirements for ships assigned timber freeboards.·
Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line Certificate.
Amendments 1971, 1975, 1979, 1983
The 1966 Convention provided for amendments to be made by positive acceptance. Amendments could be considered by the Maritime Safety Committee, the IMO Assembly or by a Conference of Governments. Amendments would then only come into force 12 months after being accepted by two-thirds of Contracting Parties.In practice, amendments adopted between 1971 and 1983 never received enough acceptances to enter into force. These included:
· the 1971 amendments - to make certain improvements to the text and to the chart of zones and seasonal areas;
· the 1975 amendments - to introduce the principle of 'tacit acceptance' into the Convention;
· the 1979 amendments - to make some alterations to zone boundaries off the coast of Australia; and
· the 1983 amendments - to extend the summer and tropical zones southward off the coast of Chile.
Adoption of tacit amendment procedure 1988
The 1988 Protocol
Adoption: 11 November 1988
Entry into force: 3 February 2000
The Protocol was primarily adopted in order to harmonize the Convention's survey and certification requirement with those contained in SOLAS and MARPOL 73/78.
All three instruments require the issuing of certificates to show that requirements have been met and this has to be done by means of a survey which can involve the ship being out of service for several days.
The harmonized system alleviates the problems caused by survey dates and intervals between surveys which do not coincide, so that a ship should no longer have to go into port or repair yard for a survey required by one Convention shortly after doing the same thing in connection with another instrument.
The 1988 Load Lines Protocol revised certain regulations in the technical Annexes to the Load Lines Convention and introduced the tacit amendment procedure (which was already applicable to the 1974 SOLAS Convention).Amendments to the Convention may be considered either by the Maritime Safety Committee or by a Conference of Parties.
Amendments must be adopted by a two-thirds majority of Parties to the Convention present and voting. Amendments enter into force six months after the deemed date of acceptance - which must be at least a year after the date of communication of adoption of amendments unless they are rejected by one-third of Parties. Usually, the date from adoption to deemed acceptance is two years.
The 1995 amendments
Adopted: 23 November 1995
Entry into force: 12 months after being accepted by two-thirds of Contracting Governments.
Status: superseded by 2003 amendments
The 2003 amendments
Adopted: June 2003
Entry into force: 1 January 2005
The amendments to Annex B to the 1988 Load
Lines Protocol include a number of important revisions, in particular to
regulations concerning: strength and intact stability of ships; definitions;
superstructure and bulkheads; doors; position of hatchways, doorways and
ventilators; hatchway coamings; hatch covers; machinery space openings;
miscellaneous openings in freeboard and superstructure decks; cargo ports and
other similar openings; spurling pipes and cable lockers; side scuttles;
windows and skylights; calculation of freeing ports; protection of the crew and
means of safe passage for crew; calculation of freeboard; sheer; minimum bow
height and reserve buoyancy; and others.
The amendments, which amount to a
comprehensive revision of the technical regulations of the original Load Lines
Convention, do not affect the 1966 LL Convention and only apply to those ships
flying the flags of States Party to the 1988 LL Protocol. (See Status of Conventions -
Summary)
Xx
International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL
73/78)
Introduction
History of MARPOL 73/78
OILPOL Convention
Torrey Canyon
1973 Convention
1978 Conference
Annex I: Prevention of pollution by oil
Annex II: Control of pollution by noxious liquid substances
Annex III: Prevention of pollution by harmful substances in packaged form
Annex IV: Prevention of pollution by sewage from ships
Annex V: Prevention of pollution by garbage from ships
Annex VI: Prevention of Air Pollution from Ships
Enforcement
Amendment Procedure
History of MARPOL 73/78
OILPOL Convention
Torrey Canyon
1973 Convention
1978 Conference
Annex I: Prevention of pollution by oil
Annex II: Control of pollution by noxious liquid substances
Annex III: Prevention of pollution by harmful substances in packaged form
Annex IV: Prevention of pollution by sewage from ships
Annex V: Prevention of pollution by garbage from ships
Annex VI: Prevention of Air Pollution from Ships
Enforcement
Amendment Procedure
Amendments
The 1984 amendments
The 1985 (Annex II) amendments
The 1985 (Protocol I) amendments – incident reporting
The 1987 amendments - special area extension
The 1989 (March) amendments – Annex II
The October 1989 amendments – North Sea special area
The 1990 (HSSC) amendments
The 1990 (IBC Code) amendments
The 1990 (BCH) amendments
The 1990 (Annexes I and V) amendments – Antarctic as special area
The 1991 amendments – Wider Caribbean as special area
The 1992 amendments – Double hulls made mandatory
The 1994 amendments - Implementation
The 1995 amendments – Garbage records
The 1996 amendments
The 1997 amendments – North West European waters as special area
The Protocol of 1997 adoption of Annex VI - Regulations for the Prevention of Air
Pollution from Ships
The 1999 amendments – Persistent oil
The 2000 amendments – Deletion of tainting
The 2001 amendments - revised 13 G (double hulls)
The 2003 amendments - Double hulls
The 2004 (April) amendments - revised Annex IV (sewage)
The 2004 (October) amendments - revised Annexes I and II
The 2005 amendments - North Sea SECA, Annex VI amendments
The 2006 amendments - oil fuel tank protection
The 1985 (Annex II) amendments
The 1985 (Protocol I) amendments – incident reporting
The 1987 amendments - special area extension
The 1989 (March) amendments – Annex II
The October 1989 amendments – North Sea special area
The 1990 (HSSC) amendments
The 1990 (IBC Code) amendments
The 1990 (BCH) amendments
The 1990 (Annexes I and V) amendments – Antarctic as special area
The 1991 amendments – Wider Caribbean as special area
The 1992 amendments – Double hulls made mandatory
The 1994 amendments - Implementation
The 1995 amendments – Garbage records
The 1996 amendments
The 1997 amendments – North West European waters as special area
The Protocol of 1997 adoption of Annex VI - Regulations for the Prevention of Air
Pollution from Ships
The 1999 amendments – Persistent oil
The 2000 amendments – Deletion of tainting
The 2001 amendments - revised 13 G (double hulls)
The 2003 amendments - Double hulls
The 2004 (April) amendments - revised Annex IV (sewage)
The 2004 (October) amendments - revised Annexes I and II
The 2005 amendments - North Sea SECA, Annex VI amendments
The 2006 amendments - oil fuel tank protection
Introduction
The MARPOL Convention is the main
international convention covering prevention of pollution of the marine
environment by ships from operational or accidental causes. It is a combination
of two treaties adopted in 1973 and 1978 respectively and updated by amendments
through the years.
The International Convention for the
Prevention of Pollution from Ships (MARPOL) was adopted on 2 November 1973 at
IMO and covered pollution by oil, chemicals, harmful substances in packaged
form, sewage and garbage. The Protocol of 1978 relating to the 1973
International Convention for the Prevention of Pollution from Ships (1978
MARPOL Protocol) was adopted at a Conference on Tanker Safety and Pollution
Prevention in February 1978 held in response to a spate of tanker accidents in
1976-1977. (Measures relating to tanker design and operation were also
incorporated into a Protocol of 1978 relating to the 1974 Convention on the
Safety of Life at Sea, 1974).
As the 1973 MARPOL Convention had not yet
entered into force, the 1978 MARPOL Protocol absorbed the parent Convention.
The combined instrument is referred to as the International Convention for the
Prevention of Marine Pollution from Ships, 1973, as modified by the Protocol of
1978 relating thereto (MARPOL 73/78), and it entered into force on 2 October
1983 (Annexes I and II).
The Convention includes regulations aimed
at preventing and minimizing pollution from ships - both accidental pollution
and that from routine operations - and currently includes six technical
Annexes:
|
Annex
I
|
Regulations
for the Prevention of Pollution by Oil
|
|
Annex
II
|
Regulations
for the Control of Pollution by Noxious Liquid Substances in Bulk
|
|
Annex
III
|
Prevention
of Pollution by Harmful Substances Carried by Sea in Packaged Form
|
|
Annex
IV
|
Prevention
of Pollution by Sewage from Ships
|
|
Annex
V
|
Prevention
of Pollution by Garbage from Ships
|
|
Annex
VI
|
Prevention
of Air Pollution from Ships (entry into
force 19 May 2005)
|
States Parties must accept Annexes I and
II, but the other Annexes are voluntary.
History
of MARPOL 73/78
Oil pollution of the seas was recognized as a problem in the first half of the 20th century and various countries introduced national regulations to control discharges of oil within their territorial waters. In 1954, the United Kingdom organized a conference on oil pollution which resulted in the adoption of the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL), 1954. Following entry into force of the IMO Convention in 1958, the depository and Secretariat functions in relation to the Convention were transferred from the United Kingdom Government to IMO.
Oil pollution of the seas was recognized as a problem in the first half of the 20th century and various countries introduced national regulations to control discharges of oil within their territorial waters. In 1954, the United Kingdom organized a conference on oil pollution which resulted in the adoption of the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL), 1954. Following entry into force of the IMO Convention in 1958, the depository and Secretariat functions in relation to the Convention were transferred from the United Kingdom Government to IMO.
OILPOL
Convention
The 1954 Convention, which was amended in 1962, 1969 and 1971, primarily addressed pollution resulting from routine tanker operations and from the discharge of oily wastes from machinery spaces - regarded as the major causes of oil pollution from ships.
The 1954 Convention, which was amended in 1962, 1969 and 1971, primarily addressed pollution resulting from routine tanker operations and from the discharge of oily wastes from machinery spaces - regarded as the major causes of oil pollution from ships.
The 1954 OILPOL Convention, which entered
into force on 26 July 1958, attempted to tackle the problem of pollution of the
seas by oil - defined as crude oil, fuel oil, heavy diesel oil and lubricating
oil - in two main ways:
it established "prohibited zones"
extending at least 50 miles from the nearest land in which the discharge of oil
or of mixtures containing more than 100 parts of oil per million was forbidden;
it required Contracting Parties to take all
appropriate steps to promote the provision of facilities for the reception of
oily water and residues.
In 1962, IMO adopted amendments to the
Convention which extended its application to ships of a lower tonnage and also
extended the "prohibited zones". Amendments adopted in 1969 contained
regulations to further restrict operational discharge of oil from oil tankers
and from machinery spaces of all ships.
Although the 1954 OILPOL Convention went
some way in dealing with oil pollution, growth in oil trade and developments in
industrial practices were beginning to make it clear that further action, was
required. Nonetheless, pollution control was at the time still a minor concern
for IMO, and indeed the world was only beginning to wake up to the
environmental consequences of an increasingly industrialised society.
Torrey Canyon
In 1967, the tanker Torrey Canyon ran aground while entering the English Channel and
spilled her entire cargo of 120,000 tons of crude oil into the sea. This
resulted in the biggest oil pollution incident ever recorded up to that time.
The incident raised questions about measures then in place to prevent oil pollution
from ships and also exposed deficiencies in the existing system for providing
compensation following accidents at sea.
First, IMO called an Extraordinary session
of its Council, which drew up a plan of action on technical and legal aspects
of the Torrey Canyon incident. Then,
the IMO Assembly decided in 1969 to convene an international conference in 1973
to prepare a suitable international agreement for placing restraints on the
contamination of the sea, land and air by ships.
In the meantime, in 1971, IMO adopted
further amendments to OILPOL 1954 to afford additional protection to the Great
Barrier Reef of Australia and also to limit the size of tanks on oil tankers,
thereby minimizing the amount of oil which could escape in the event of a collision
or stranding.
1973 Convention
Finally, an international Conference in 1973 adopted the International Convention for the Prevention of Pollution from Ships.
While it was recognized that accidental pollution was spectacular, the
Conference considered that operational pollution was still the bigger threat.
As a result, the 1973 Convention incorporated much of OILPOL 1954 and its
amendments into Annex I, covering oil.
But the Convention was also intended to
address other forms of pollution from ships and therefore other annexes covered
chemicals, harmful substances carried in packaged form, sewage and garbage. The
1973 Convention also included two Protocols dealing with Reports on Incidents involving Harmful Substances and Arbitration.
The 1973 Convention required ratification
by 15 States, with a combined merchant fleet of not less than 50 percent of
world shipping by gross tonnage, to enter into force. By 1976, it had only
received three ratifications - Jordan, Kenya and Tunisia - representing less
than one percent of the world's merchant shipping fleet. This was despite the
fact that States could become Party to the Convention by only ratifying Annexes
I (oil) and II (chemicals). Annexes III to V, covering harmful goods in
packaged form, sewage and garbage, were optional.
It began to look as though the 1973
Convention might never enter into force, despite its importance.
1978 Conference
In 1978, in response to a spate of tanker accidents in 1976-1977, IMO held a Conference on Tanker Safety and Pollution Prevention in February 1978. The conference adopted measures affecting tanker design and operation, which were incorporated into both the Protocol of 1978 relating to the 1974 Convention on the Safety of Life at Sea (1978 SOLAS Protocol) and the Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) - adopted on 17 February 1978.
More importantly in terms of achieving the
entry into force of MARPOL, the 1978 MARPOL Protocol allowed States to become
Party to the Convention by first implementing Annex I (oil), as it was decided
that Annex II (chemicals) would not become binding until three years after the
Protocol entered into force.
This gave States time to overcome technical
problems in Annex II, which for some had been a major obstacle in ratifying the
Convention.
As the 1973 Convention had not yet entered
into force, the 1978 MARPOL Protocol absorbed the parent Convention. The
combined instrument - the International
Convention for the Prevention of Marine Pollution from Ships, 1973 as modified
by the Protocol of 1978 relating thereto (MARPOL 73/78) - finally entered
into force on 2 October 1983 (for Annexes I and II).
Annex V, covering garbage, achieved
sufficient ratifications to enter into force on 31 December 1988, while Annex
III, covering harmful substances carried in packaged form, entered into force
on 1 July 1992. Annex IV, covering sewage, enters into force on 27 September 2003.
Annex VI, covering air pollution, was adopted in September 1997 and enters into
force on 19 May 2005.
Annex I: Prevention of pollution by oil
Entry
into force: 2 October 1983
The 1973 Convention maintained the oil
discharge criteria prescribed in the 1969 amendments to the 1954 Oil Pollution
Convention, without substantial changes, namely:
Operational discharges of oil from tankers
are allowed only when all of the following conditions are met:
1. the total quantity of oil which a tanker
may discharge in any ballast voyage whilst under way must not exceed 1/15,000
of the total cargo carrying capacity of the vessel;
2. the rate at which oil may be discharged must
not exceed 60 litres per mile travelled by the ship; and
3. no discharge of any oil whatsoever must
be made from the cargo spaces of a tanker within 50 miles of the nearest land.
An oil record book is required, in which is
recorded the movement of cargo oil and its residues from loading to discharging
on a tank-to-tank basis.
In addition, in the 1973 Convention, the
maximum quantity of oil permitted to be discharged on a ballast voyage of new
oil tankers was reduced from 1/15,000 of the cargo capacity to 1/30,000 of the
amount of cargo carried. These criteria applied equally both to persistent
(black) and non‑persistent (white) oils.
As with the 1969 OILPOL amendments, the
1973 Convention recognized the "load on top" (LOT) system which had
been developed by the oil industry in the 1960s. On a ballast voyage the tanker
takes on ballast water (departure ballast) in dirty cargo tanks. Other tanks
are washed to take on clean ballast. The tank washings are pumped into a
special slop tank. After a few days, the departure ballast settles and oil
flows to the top. Clean water beneath is then decanted while new arrival
ballast water is taken on. The upper layer of the departure ballast is
transferred to the slop tanks. After further settling and decanting, the next
cargo is loaded on top of the remaining oil in the slop tank, hence the term
load on top.
A new and important feature of the 1973
Convention was the concept of "special
areas" which are considered to be so vulnerable to pollution by oil
that oil discharges within them have been completely prohibited, with minor and
well‑defined exceptions. The 1973 Convention identified the Mediterranean Sea,
the Black Sea, and the Baltic Sea, the Red Sea and the Gulfs area as special
areas. All oil‑carrying ships are required to be capable of operating the
method of retaining oily wastes on board through the "load on top"
system or for discharge to shore reception facilities.
This involves the fitting of appropriate
equipment, including an oil‑discharge monitoring and control system, oily‑water
separating equipment and a filtering system, slop tanks, sludge tanks, piping
and pumping arrangements.
New oil tankers (i.e. those for which the
building contract was placed after 31 December 1975) of 70,000 tons deadweight
and above, must be fitted with segregated ballast tanks large enough to provide
adequate operating draught without the need to carry ballast water in cargo oil
tanks.
Secondly, new oil tankers are required to
meet certain subdivision and damage stability requirements so that, in any
loading conditions, they can survive after damage by collision or stranding.
The
Protocol of 1978 made a number of changes to Annex I
of the parent convention. Segregated ballast tanks (SBT) are required on all
new tankers of 20,000 dwt and above (in the parent convention SBTs were only
required on new tankers of 70,000 dwt and above). The Protocol also required
SBTs to be protectively located ‑ that is, they must be positioned in such a
way that they will help protect the cargo tanks in the event of a collision or
grounding.
Another important innovation concerned
crude oil washing (COW), which had been developed by the oil industry in the
1970s and offered major benefits. Under COW, tanks are washed not with water
but with crude oil ‑ the cargo itself. COW was accepted as an alternative to
SBTs on existing tankers and is an additional requirement on new tankers.
For existing crude oil tankers (built
before entry into force of the Protocol) a third alternative was permissible
for a period of two to four years after entry into force of MARPOL 73/78. The
dedicated clean ballast tanks (CBT) system meant that certain tanks are
dedicated solely to the carriage of ballast water. This was cheaper than a full
SBT system since it utilized existing pumping and piping, but when the period
of grace has expired other systems must be used.
Drainage and discharge arrangements were
also altered in the Protocol, regulations for improved stripping systems were
introduced.
Some oil tankers operate solely in specific
trades between ports which are provided with adequate reception facilities.
Some others do not use water as ballast. The TSPP Conference recognized that
such ships should not be subject to all MARPOL requirements and they were
consequently exempted from the SBT, COW and CBT requirements. It is generally
recognized that the effectiveness of international conventions depends upon the
degree to which they are obeyed and this in turn depends largely upon the
extent to which they are enforced. The 1978 Protocol to MARPOL therefore
introduced stricter regulations for the survey and certification of ships.
The 1992 amendments to Annex I made it
mandatory for new oil tankers to have double hulls – and it brought in a
phase-in schedule for existing tankers to fit double hulls, which was
subsequently revised in 2001 and 2003.
Annex
II: Control
of pollution by noxious liquid substances
Entry
into force: 6 April 1987
Annex II details the discharge criteria and
measures for the control of pollution by noxious liquid substances carried in
bulk.
Some 250 substances were evaluated and
included in the list appended to the Convention. The discharge of their
residues is allowed only to reception facilities until certain concentrations
and conditions (which vary with the category of substances) are complied with.
In any case, no discharge of residues
containing noxious substances is permitted within 12 miles of the nearest land.
More stringent restrictions applied to the Baltic and Black Sea areas.
Annex
III: Prevention of pollution by harmful substances in packaged form
Entry
into force: 1 July 1992
The first of the convention's optional
annexes. States ratifying the Convention must accept Annexes I and II but can
choose not to accept the other three - hence they have taken much longer to
enter into force.
Annex III contains general requirements for
the issuing of detailed standards on packing, marking, labelling,
documentation, stowage, quantity limitations, exceptions and notifications for
preventing pollution by harmful substances.
The International Maritime Dangerous Goods
(IMDG) Code has, since 1991, included marine pollutants.
See also Harmful Substances in
Packaged Form
Annex IV: Prevention of pollution by sewage from ships
Annex IV: Prevention of pollution by sewage from ships
Entry
into force: 27 September 2003
The second of the optional Annexes, Annex
IV contains requirements to control pollution of the sea by sewage. A revised Annex was adopted in 2004.
Annex
V: Prevention of pollution by garbage from ships
Entry
into force: 31 December 1988
This deals with different types of garbage
and specifies the distances from land and the manner in which they may be
disposed of. The requirements are much stricter in a number of "special
areas" but perhaps the most important feature of the Annex is the complete
ban imposed on the dumping into the sea of all forms of plastic.
Annex
VI: Prevention of Air Pollution from Ships
Adopted September 1997
Entry
into force: 19 May 2005
The regulations in this annex set limits on
sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibit
deliberate emissions of ozone depleting substances.
Enforcement
Any violation of the MARPOL 73/78
Convention within the jurisdiction of any Party to the Convention is punishable
either under the law of that Party or under the law of the flag State. In this
respect, the term "jurisdiction" in the Convention should be
construed in the light of international law in force at the time the Convention
is applied or interpreted.
With the exception of very small vessels,
ships engaged on international voyages must carry on board valid international
certificates which may be accepted at foreign ports as prima facie evidence
that the ship complies with the requirements of the Convention.
If, however, there are clear grounds for
believing that the condition of the ship or its equipment does not correspond
substantially with the particulars of the certificate, or if the ship does not
carry a valid certificate, the authority carrying out the inspection may detain
the ship until it is satisfied that the ship can proceed to sea without
presenting unreasonable threat of harm to the marine environment.
Under Article 17, the Parties to the
Convention accept the obligation to promote, in consultation with other
international bodies and with the assistance of UNEP, support for those Parties
which request technical assistance for various purposes, such as training, the
supply of equipment, research, and combating pollution.
Amendment
Procedure
Amendments to the technical Annexes of
MARPOL 73/78 can be adopted using the "tacit acceptance" procedure,
whereby the amendments enter into force on a specified date unless an agreed
number of States Parties object by an agreed date.
In practice, amendments are usually adopted
either by IMO's Marine Environment Protection Committee (MEPC) or by a
Conference of Parties to MARPOL.
The 1984 amendments
Adoption: 7 September 1984
Entry into force: 7 January 1986
The amendments to Annex I were designed to
make implementation easier and more effective. New requirements were designed
to prevent oily water being discharged in special areas, and other requirements
were strengthened. But in some cases they were eased, provided that various
conditions were met: some discharges were now permitted below the waterline,
for example, which helps to cut costs by reducing the need for extra piping.
The
1985 (Annex II) amendments
Adoption: 5 December 1985
Entry into force: 6 April 1987
Adoption: 5 December 1985
Entry into force: 6 April 1987
The amendments to Annex II, which deals
with liquid noxious substances (such as chemicals), were intended to take into
account technological developments since the Annex was drafted in 1973 and to
simplify its implementation. In particular, the aim was to reduce the need for
reception facilities for chemical wastes and to improve cargo tank stripping
efficiencies.
The amendments also made the International
Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals
in Bulk (IBC Code) mandatory for ships built on or after 1 July 1986. This is
important because the Annex itself is concerned only with discharge procedures:
the Code contains carriage requirements. The Code itself was revised to take
into account anti‑pollution requirements and therefore make the amended Annex
more effective in reducing accidental pollution
The 1985 (Protocol I) amendments
Adoption: 5 December 1985
Entry into force: 6 April 1987
The amendments made it an explicit
requirement to report incidents involving discharge into the sea of harmful
substances in packaged form.
The
1987 Amendments
Adoption: December 1987
Entry into force: 1 April 1989
Adoption: December 1987
Entry into force: 1 April 1989
The amendments extended Annex I Special
Area status to the Gulf of Aden
The
1989 (March) amendments
Adoption: March 1989
Entry into force: 13 October 1990
Adoption: March 1989
Entry into force: 13 October 1990
The amendments affected the International
Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals
in Bulk (IBC Code), mandatory under both MARPOL 73/78 and SOLAS and applies to
ships built on or after 1 July 1986 and the Code for the Construction and
Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH). In both cases,
the amendments included a revised list of chemicals. The BCH Code is mandatory
under MARPOL 73/78 but voluntary under SOLAS 1974.
Further amendments affected Annex II of MARPOL
- updating and replacing the lists of chemicals in appendices II and III.
The
October 1989 amendments
Adoption: 17 October 1989
Entry into force: 18 February 1991
Adoption: 17 October 1989
Entry into force: 18 February 1991
The amendments make the North Sea a
"special area" under Annex V of the convention. This greatly
increases the protection of the sea against the dumping of garbage from ships
The
1990 (HSSC) amendments
Adoption:
March 1990
Entry
into force: 3 February 2000 (Coinciding with the entry
into force of the 1988 SOLAS and Load Lines Protocols.
The amendments are designed to introduce
the harmonized system of survey and certificates (HSSC) into MARPOL 73/78 at
the same time as it enters into force for the SOLAS and Load Lines Conventions.
All three instruments require the issuing
of certificates to show that requirements have been met and this has to be done
by means of a survey which can involve the ship being out of service for
several days.
The harmonized system alleviates the
problems caused by survey dates and intervals between surveys which do not
coincide, so that a ship should no longer have to go into port or repair yard
for a survey required by one convention shortly after doing the same thing in
connection with another instrument.
The
1990 (IBC Code) amendments
Adoption:
March 1990
Entry
into force: On the same date as the March 1990 HSSC
amendments i.e. 3 February 2000.
The amendments introduced the HSSC into the
IBC Code
The
1990 (BCH) amendments
Adoption:
March 1990
Entry
into force: On the same date as the March 1990 HSSC
amendments i.e. 3 February 2000.
The amendments introduced the HSSC into the
BCH Code.
The
1990 (Annexes I and V) amendments
Adoption:
November 1990
Entry
into force: 17 March 1992
The amendments extended Special Area Status
under Annexes I and V to the Antarctic.
The
1991 amendments
Adoption:
4 July 1991
Entry
into force: 4 April 1993
The amendments made the Wider Caribbean a
Special Area under Annex V.
Other amendments added a new chapter IV to
Annex I, requiring ships to carry an oil pollution emergency plan.
The
1992 amendments
Adoption: 6 March 1992
Entry into force: 6 July 1993
The amendments to Annex I of the convention which deals with pollution by oil brought in the "double hull" requirements for tankers, applicable to new ships (tankers ordered after 6 July 1993, whose keels were laid on or after 6 January 1994 or which are delivered on or after 6 July 1996) as well as existing ships built before that date, with a phase-in period.
Adoption: 6 March 1992
Entry into force: 6 July 1993
The amendments to Annex I of the convention which deals with pollution by oil brought in the "double hull" requirements for tankers, applicable to new ships (tankers ordered after 6 July 1993, whose keels were laid on or after 6 January 1994 or which are delivered on or after 6 July 1996) as well as existing ships built before that date, with a phase-in period.
New-build tankers are covered by Regulation
13F, while regulation 13G applies to existing crude oil tankers of 20,000 dwt
and product carriers of 30,000 dwt and above. Regulation 13G came into effect
on 6 July 1995.
Regulation
13F requires all new tankers of 5,000 dwt and
above to be fitted with double hulls separated by a space of up to 2 metres (on
tankers below 5,000 dwt the space must be at least 0.76m).
As an alternative, tankers may incorporate the
"mid‑deck" concept under which the pressure within the cargo tank
does not exceed the external hydrostatic water pressure. Tankers built to this
design have double sides but not a double bottom. Instead, another deck is
installed inside the cargo tank with the venting arranged in such a way that
there is an upward pressure on the bottom of the hull.
Other methods of design and construction
may be accepted as alternatives "provided that such methods ensure at
least the same level of protection against oil pollution in the event of a
collision or stranding and are approved in principle by the Marine Environment
Protection Committee based on guidelines developed by the Organization.
For oil tankers of 20,000 dwt and above new
requirements were introduced concerning subdivision and stability.
The amendments also considerably reduced
the amount of oil which can be discharged into the sea from ships (for example,
following the cleaning of cargo tanks or from engine room bilges). Originally
oil tankers were permitted to discharge oil or oily mixtures at the rate of 60
litres per nautical mile. The amendments reduced this to 30 litres. For
non‑tankers of 400 grt and above the permitted oil content of the effluent
which may be discharged into the sea is cut from 100 parts per million to 15
parts per million.
Regulation 24(4), which deals with the
limitation of size and arrangement of cargo tanks, was also modified.
Regulation
13G applies to existing crude oil tankers of
20,000 dwt and product carriers of 30,000 dwt and above.
Tankers that are 25 years old and which were not
constructed according to the requirements of the 1978 Protocol to MARPOL 73/78
have to be fitted with double sides and double bottoms. The Protocol applies to
tankers ordered after 1 June 1979, which were begun after 1 January 1980 or
completed after 1 June 1982. Tankers built according to the standards of the
Protocol are exempt until they reach the age of 30.
Existing tankers are subject to an enhanced
programme of inspections during their periodical, intermediate and annual
surveys. Tankers that are five years old or more must carry on board a
completed file of survey reports together with a conditional evaluation report
endorsed by the flag Administration.
Tankers built in the 1970s which are at or
past their 25th must comply with Regulation 13F. If not, their owners must
decide whether to convert them to the standards set out in regulation 13F, or
to scrap them.
Another set of tankers built according to
the standards of the 1978 protocol will soon be approaching their 30th birthday
- and the same decisions must be taken.
The
1994 amendments
Adoption: 13 November 1994
Entry into force: 3 March 1996
Adoption: 13 November 1994
Entry into force: 3 March 1996
The amendments affect four of the
Convention's five technical annexes (II III, V, and I) and are all designed to
improve the way it is implemented. They make it possible for ships to be
inspected when in the ports of other Parties to the Convention to ensure that
crews are able to carry out essential shipboard procedures relating to marine
pollution prevention. These are contained in resolution A.742 (18), which was
adopted by the IMO Assembly in November 1993.
The amendments are similar to those made to
SOLAS in May 1994. Extending port State control to operational requirements is
seen as an important way of improving the efficiency with which international
safety and anti-pollution treaties are implemented.
The
1995 amendments
Adoption: 14 September 1995
Entry into force: 1 July 1997
Adoption: 14 September 1995
Entry into force: 1 July 1997
The amendments concern Annex V. They are
designed to improve the way the Convention is implemented. Regulation 2 was
clarified and a new regulation 9 added dealing with placards, garbage
management plans and garbage record keeping.
The
1996 amendments
Adoption: 10 July 1996
Entry into force: 1 January 1998
Adoption: 10 July 1996
Entry into force: 1 January 1998
One set of amendments concerned Protocol I
to the Convention which contains provisions for reporting incidents involving
harmful substances. The amendments included more precise requirements for the
sending of such reports.
Other amendments brought requirements in
MARPOL concerning the IBC and BCH Codes into line with amendments adopted to
SOLAS.
The
1997 amendments
Adoption: 23 September 1997
Entry into force: 1 February 1999
Adoption: 23 September 1997
Entry into force: 1 February 1999
Regulation 25A to Annex 1 specifies intact
stability criteria for double hull tankers.
Another amendment made the North West
European waters a "special area" under Regulation 10 of Annex 1. The
waters cover the North Sea and its approaches, the Irish Sea and its
approaches, the Celtic Sea, the English Channel and its approaches and part of
the North East Atlantic immediately to the West of Ireland.
In special areas, discharge into the sea of
oil or oily mixture from any oil tanker and ship over 400 gt is prohibited.
Other special areas already designated under Annex I of MARPOL include: the
Mediterranean Sea area, the Baltic Sea area, the Red Sea area, the Gulf of Aden
area and the Antarctic area.
The
Protocol of 1997 (Annex VI - Regulations for the Prevention of Air Pollution
from Ships)
Adoption:
26 September 1997
Entry into force: 19 May 2005
Entry into force: 19 May 2005
The Protocol was adopted at a Conference
held from 15 to 26 September 1997 and adds a new Annex VI on Regulations for the Prevention of Air
Pollution from Ships to the Convention.
The rules set limits on sulphur oxide (SOx)
and nitrogen oxide (NOx) emissions from ship exhausts and prohibit deliberate
emissions of ozone depleting substances.
The new Annex VI includes a global cap of
4.5% m/m on the sulphur content of fuel oil and calls on IMO to monitor the
worldwide average sulphur content of fuel once the Protocol comes into force.
Annex VI contains provisions allowing for
special "SOx Emission Control Areas" to be established with more
stringent control on sulphur emissions. In these areas, the sulphur content of
fuel oil used on board ships must not exceed 1.5% m/m. Alternatively, ships
must fit an exhaust gas cleaning system or use any other technological method
to limit SOx emissions.
The Baltic Sea is designated as a SOx
Emission Control area in the Protocol.
Annex VI prohibits deliberate emissions of
ozone depleting substances, which include halons and chlorofluorocarbons
(CFCs). New installations containing ozone-depleting substances are prohibited
on all ships. But new installations containing hydro-chlorofluorocarbons
(HCFCs) are permitted until 1 January 2020.
The requirements of the IMO Protocol are in
accordance with the Montreal Protocol of 1987, as amended in London in 1990.
The Montreal Protocol is an international environmental treaty, drawn up under
the auspices of the United Nations, under which nations agreed to cut CFC
consumption and production in order to protect the ozone layer.
Annex VI sets limits on emissions of
nitrogen oxides (NOx) from diesel engines. A mandatory NOx Technical Code,
developed by IMO, defines how this is to be done.
The Annex also prohibits the incineration
on board ship of certain products, such as contaminated packaging materials and
polychlorinated biphenyls (PCBs).
Format
of Annex VI
Annex VI consists of three Chapters and a
number of Appendices:
· Chapter
1 - General
· Chapter
II - Survey, Certification and Means of Control
· Chapter
III - Requirements for Control of Emissions from Ships
· Appendices
including the form of the International Air Pollution Prevention
Certificate; criteria and procedures for designation of SOx emission control
areas; information for inclusion in the bunker delivery note; approval and
operating limits for shipboard incinerators; test cycles and weighting factors
for verification of compliance of marine diesel engines with the NOx limits;
and details of surveys and inspections to be carried out.
The
1999 amendments
Adoption: 1 July 1999
Entry into force: 1 January 2001 (under tacit acceptance)
Adoption: 1 July 1999
Entry into force: 1 January 2001 (under tacit acceptance)
Amendments to Regulation 13G of Annex I
(Regulations for the Prevention of Pollution by Oil) make existing oil tankers
between 20,000 and 30,000 tons deadweight carrying persistent product oil,
including heavy diesel oil and fuel oil, subject to the same construction
requirements as crude oil tankers.
Regulation 13G requires, in principle,
existing tankers to comply with requirements for new tankers in Regulation 13F,
including double hull requirements for new tankers or alternative arrangements,
not later than 25 years after date of delivery.
The amendments extend the application from
applying to crude oil tankers of 20,000 tons deadweight and above and product
carriers of 30,000 tons deadweight and above, to also apply to tankers between
20,000 and 30,000 tons deadweight which carry heavy diesel oil or fuel oil.
The aim of the amendments is to address
concerns that oil pollution incidents involving persistent oils are as severe
as those involving crude oil, so regulations applicable to crude oil tankers
should also apply to tankers carrying persistent oils.
Related amendments to the Supplement of the
IOPP (International Oil Pollution Prevention) Certificate, covering in
particular oil separating/filtering equipment and retention and disposal of oil residues were also adopted.
A third MARPOL 73/78 amendment adopted
relates to Annex II of MARPOL Regulations for the Control of Pollution by
Noxious Liquid Substances in Bulk. The amendment adds a new regulation 16
requiring a Shipboard marine pollution emergency plan for noxious liquid substances.
Amendments were also made to the
International Code for the Construction and Equipment of Ships carrying
Dangerous Chemicals in Bulk (IBC Code) and the Code for the Construction and
Equipment of Ships carrying Dangerous Chemicals in Bulk (BCH Code). The
amendments address the maintenance of venting systems,
The 2000 amendments
Adoption: 13 March 2000
Entry into force: 1 January 2002 (under tacit acceptance)
Adoption: 13 March 2000
Entry into force: 1 January 2002 (under tacit acceptance)
The amendment to Annex III (Prevention of Pollution by Harmful
Substances Carried by Sea in Packaged Form) deletes tainting as a criterion
for marine pollutants from the Guidelines for the identification of harmful
substances in packaged form. Tainting refers to the ability of a product to be
taken up by an organism and thereby affect the taste or smell of seafood making
it unpalatable. A substance is defined as tainting when it has been found to
taint seafood.
The amendment means that products
identified as being marine pollutants solely on the basis of their tainting
properties will no longer be classified as marine pollutants.
The
2001 amendments
Adoption: 27 April 2001
Entry into force: 1 September 2002
Adoption: 27 April 2001
Entry into force: 1 September 2002
The amendment to Annex I brought in a new
new global timetable for accelerating the phase-out of single-hull oil tankers which was subsequently revised again by the 2003 amendments.
Tthe flag state administration may allow
for some newer single hull ships registered in its country that conform to
certain technical specifications to continue trading until the 25th anniversary
of their delivery.
However, under the provisions of paragraph
8(b), any Port State can deny entry of those single hull tankers which are
allowed to operate until their 25th anniversary to ports or offshore terminals.
They must communicate their intention to do this to IMO.
As an additional precautionary measure, a
Condition Assessment Scheme (CAS) will have to be applied to all Category 1
vessels continuing to trade after 2005 and all Category 2 vessels after 2010.
Although the CAS does not specify
structural standards in excess of the provisions of other IMO conventions,
codes and recommendations, its requirements stipulate more stringent and
transparent verification of the reported structural condition of the ship and
that documentary and survey procedures have been properly carried out and
completed.
The requirements of the CAS include
enhanced and transparent verification of the reported structural condition and
of the ship and verification that the documentary and survey procedures have
been properly carried out and completed. The Scheme requires that compliance
with the CAS is assessed during the Enhanced Survey Programme of Inspections
concurrent with intermediate or renewal surveys currently required by
resolution A.744(18), as amended.
The
2003 Amendments
Adoption: 4 December 2003
Entry into force: April 2005
Adoption: 4 December 2003
Entry into force: April 2005
Under a revised regulation 13G of Annex I
of MARPOL, the final phasing-out date for Category 1 tankers (pre-MARPOL
tankers) is brought forward to 2005, from 2007. The final phasing-out date for
category 2 and 3 tankers (MARPOL tankers and smaller tankers) is brought
forward to 2010, from 2015.
The full timetable for the phasing out of
single-hull tankers is as follows:
|
Category
of oil tanker
|
Date
or year
|
|
Category 1
|
5 April 2005 for ships delivered on 5
April 1982 or earlier
2005 for ships delivered after 5 April 1982 |
|
Category 2 and
Category 3 |
5 April 2005 for ships delivered on 5
April 1977 or earlier
2005 for ships delivered after 5 April 1977 but before 1 January 1978 2006 for ships delivered in 1978 and 1979 2007 for ships delivered in 1980 and 1981 2008 for ships delivered in 1982 2009 for ships delivered in 1983 2010 for ships delivered in 1984 or later |
Under the revised regulation, the Condition
Assessment Scheme (CAS) is to be made applicable to all single-hull tankers of
15 years, or older. Previously it was applicable to all Category 1 vessels
continuing to trade after 2005 and all Category 2 vessels after 2010.
Consequential enhancements to the CAS scheme were also adopted.
The revised regulation allows the
Administration (flag State) to permit continued operation of category 2 or 3
tankers beyond 2010 subject to satisfactory results from the CAS, but the
continued operation must not go beyond the anniversary of the date of delivery
of the ship in 2015 or the date on which the ship reaches 25 years of age after
the date of its delivery, whichever is earlier.
In the case of certain Category 2 or 3 oil
tankers fitted with only double bottoms or double sides not used for the carriage
of oil and extending to the entire cargo tank length or double hull spaces, not
meeting the minimum distance protection requirements, which are not used for
the carriage of oil and extend to the entire cargo tank length, the
Administration may allow continued operation beyond 2010, provided that the
ship was in service on 1 July 2001, the Administration is satisfied by
verification of the official records that the ship complied with the conditions
specified and that those conditions remain unchanged. Again, such continued
operation must not go beyond the date on which the ship reaches 25 years of age
after the date of its delivery.
Carriage
of heavy grade oil
A new MARPOL regulation 13H on the prevention of oil pollution from oil tankers when carrying heavy grade oil (HGO) bans the carriage of HGO in single-hull tankers of 5,000 tons dwt and above after the date of entry into force of the regulation (5 April 2005), and in single-hull oil tankers of 600 tons dwt and above but less than 5,000 tons dwt, not later than the anniversary of their delivery date in 2008.
A new MARPOL regulation 13H on the prevention of oil pollution from oil tankers when carrying heavy grade oil (HGO) bans the carriage of HGO in single-hull tankers of 5,000 tons dwt and above after the date of entry into force of the regulation (5 April 2005), and in single-hull oil tankers of 600 tons dwt and above but less than 5,000 tons dwt, not later than the anniversary of their delivery date in 2008.
Under the new regulation, HGO means any of
the following:
a) crude oils having a density at 15ºC higher than 900 kg/m3;
b) fuel oils having either a density at 15ºC higher than 900 kg/ m3 or a kinematic viscosity at 50ºC higher than 180 mm2/s;
c) bitumen, tar and their emulsions.
a) crude oils having a density at 15ºC higher than 900 kg/m3;
b) fuel oils having either a density at 15ºC higher than 900 kg/ m3 or a kinematic viscosity at 50ºC higher than 180 mm2/s;
c) bitumen, tar and their emulsions.
In the case of certain Category 2 or 3
tankers carrying heavy grade oil as cargo, fitted only with double bottoms or
double sides, not used for the carriage of oil and extending to the entire
cargo tank length, or double hull spaces not meeting the minimum distance
protection requirements which are not used for the carriage of oil and extend
to the entire cargo tank length, the Administration may allow continued operation
of such ships beyond 5 April 2005 until the date on which the ship reaches 25
years of age after the date of its delivery.
Regulation 13(H) also allows for continued
operation of oil tankers of 5,000 tons dwt and above, carrying crude oil with a
density at 15ºC higher than 900 kg/ m3 but lower than 945 kg/ m3, if
satisfactory results of the Condition Assessment Scheme warrant that, in the
opinion of the Administration, the ship is fit to continue such operation,
having regard to the size, age, operational area and structural conditions of
the ship and provided that the continued operation shall not go beyond the date
on which the ship reaches 25 years after the date of its delivery.
The Administration may allow continued
operation of a single hull oil tanker of 600 tons deadweight and above but less
than 5,000 tons deadweight, carrying heavy grade oil as cargo, if, in the
opinion of the Administration, the ship is fit to continue such operation,
having regard to the size, age, operational area and structural conditions of
the ship, provided that the operation shall not go beyond the date on which the
ship reaches 25 years after the date of its delivery.
The Administration of a Party to the
present Convention may exempt an oil tanker of 600 tons deadweight and above
carrying heavy grade oil as cargo if the ship is either engaged in voyages
exclusively within an area under the Party's jurisdiction, or is engaged in
voyages exclusively within an area under the jurisdiction of another Party,
provided the Party within whose jurisdiction the ship will be operating agrees.
The same applies to vessels operating as floating storage units of heavy grade
oil.
A Party to MARPOL 73/78 shall be entitled
to deny entry of single hull tankers carrying heavy grade oil which have been
allowed to continue operation under the exemptions mentioned above, into the
ports or offshore terminals under its jurisdiction, or deny ship-to-ship
transfer of heavy grade oil in areas under its jurisdiction except when this is
necessary for the purpose of securing the safety of a ship or saving life at
sea.
Resolutions
adopted
The amendments to MARPOL regulation 13G, the addition of a new regulation 13H, consequential amendments to the IOPP Certificate and the amendments to the Condition Assessment Scheme were adopted by the Committee as MEPC Resolutions
The amendments to MARPOL regulation 13G, the addition of a new regulation 13H, consequential amendments to the IOPP Certificate and the amendments to the Condition Assessment Scheme were adopted by the Committee as MEPC Resolutions
Among other resolutions adopted by the
Committee, another on early implementation urged Parties to MARPOL 73/78
seriously to consider the application of the amendments as soon as possible to
ships entitled to fly their flag, without waiting for the amendments to enter
into force and to communicate this action to the Organization. It also invited
the maritime industry to implement the aforesaid amendments to Annex I of
MARPOL 73/78 effectively as soon as possible.
The
2004 (April) Amendments
Adoption: 1 April 2004
Entry into force: 1 August 2005
Adoption: 1 April 2004
Entry into force: 1 August 2005
The revised Annex will apply to new ships
engaged in international voyages, of 400 gross tonnage and above or which are
certified to carry more than 15 persons. Existing ships will be required to
comply with the provisions of the revised Annex IV five years after the date of
its entry into force. The Annex requires ships to be equipped with either a
sewage treatment plant or a sewage comminuting and disinfecting system or a
sewage holding tank.
The discharge of sewage into the sea will
be prohibited, except when the ship has in operation an approved sewage
treatment plant or is discharging comminuted and disinfected sewage using an
approved system at a distance of more than three nautical miles from the
nearest land; or is discharging sewage which is not comminuted or disinfected
at a distance of more than 12 nautical miles from the nearest land.
Also, amendments to the Appendix to MARPOL
Annex V on Prevention of pollution by garbage from ships which relate to the
recording of the disposal of cargo residues in the Garbage Record Book.
The
2004 (October) Amendments
Adoption: 15 October 2004
Entry into force: 1 January 2007
Adoption: 15 October 2004
Entry into force: 1 January 2007
Revised
MARPOL Annex I (oil)
The revised MARPOL Annex I Regulations for the prevention of pollution by oil incorporates the various amendments adopted since MARPOL entered into force in 1983, including the amended regulation 13G (regulation 20 in the revised annex) and regulation 13H (regulation 21 in the revised annex) on the phasing-in of double hull requirements for oil tankers. It also separates, in different chapters, the construction and equipment provisions from the operational requirements and makes clear the distinctions between the requirements for new ships and those for existing ships. The revision provides a more user-friendly, simplified Annex I.
The revised MARPOL Annex I Regulations for the prevention of pollution by oil incorporates the various amendments adopted since MARPOL entered into force in 1983, including the amended regulation 13G (regulation 20 in the revised annex) and regulation 13H (regulation 21 in the revised annex) on the phasing-in of double hull requirements for oil tankers. It also separates, in different chapters, the construction and equipment provisions from the operational requirements and makes clear the distinctions between the requirements for new ships and those for existing ships. The revision provides a more user-friendly, simplified Annex I.
New requirements in the revised Annex I
include the following:
- Regulation 22 Pump-room bottom protection: on oil tankers of 5,000 tonnes deadweight and above constructed on or after 1 January 2007, the pump-room shall be provided with a double bottom.
- Regulation 23 Accidental oil outflow performance - applicable to oil tankers delivered on or after [date of entry into force of revised Annex I plus 36 months] 1 January 2010; construction requirements to provide adequate protection against oil pollution in the event of stranding or collision.
Oman
Sea - new special area under MARPOL Annex I
The Oman Sea area of the Arabian Seas is designated as a special area in the revised Annex I.
The Oman Sea area of the Arabian Seas is designated as a special area in the revised Annex I.
The other special areas in Annex I are:
Mediterranean Sea area; Baltic Sea area; Black Sea area; Red Sea area;
"Gulfs" area; Gulf of Aden area; Antarctic area; and North West
European Waters. In the special areas, there are stricter controls on discharge
of oily wastes.
Revised
MARPOL Annex II (noxious liquid substances carried in bulk)
The revised Annex II Regulations for the control of pollution by noxious liquid substances in bulk includes a new four-category categorization system for noxious and liquid substances. The revised annex is expected to enter into force on 1 January 2007.
The revised Annex II Regulations for the control of pollution by noxious liquid substances in bulk includes a new four-category categorization system for noxious and liquid substances. The revised annex is expected to enter into force on 1 January 2007.
The new categories are:
- Category X: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment;
- Category Y: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the marine environment;
- Category Z: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment; and
- Other Substances: substances which have been evaluated and found to fall outside Category X, Y or Z because they are considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning of deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing these substances are not subject to any requirements of MARPOL Annex II.
The revised annex includes a number of
other significant changes. Improvements in ship technology, such as efficient
stripping techniques, has made possible significantly lower permitted discharge
levels of certain products which have been incorporated into Annex II. For
ships constructed on or after 1 January 2007 the maximum permitted residue in
the tank and its associated piping left after discharge will be set at a
maximum of 75 litres for products in categories X, Y and Z - compared with
previous limits which set a maximum of 100 or 300 litres, depending on the
product category.
Alongside the revision of Annex II, the
marine pollution hazards of thousands of chemicals have been evaluated by the Evaluation
of Hazardous Substances Working Group, giving a resultant GESAMP2 Hazard
Profile which indexes the substance according to its bio-accumulation;
bio-degradation; acute toxicity; chronic toxicity; long-term health effects;
and effects on marine wildlife and on benthic habitats.
As a result of the hazard evaluation
process and the new categorization system, vegetable oils which were previously
categorized as being unrestricted will now be required to be carried in
chemical tankers. The revised Annex includes, under regulation 4 Exemptions,
provision for the Administration to exempt ships certified to carry
individually identified vegetable oils, subject to certain provisions relating
to the location of the cargo tanks carrying the identified vegetable oil.
Transport
of vegetable oils
An MEPC resolution on Guidelines for the transport of vegetable oils in deep tanks or in independent tanks specially designed for the carriage of such vegetable oils on board dry cargo ships allows general dry cargo ships that are currently certified to carry vegetable oil in bulk to continue to carry these vegetable oils on specific trades. The guidelines also take effect on 1 January 2007.
An MEPC resolution on Guidelines for the transport of vegetable oils in deep tanks or in independent tanks specially designed for the carriage of such vegetable oils on board dry cargo ships allows general dry cargo ships that are currently certified to carry vegetable oil in bulk to continue to carry these vegetable oils on specific trades. The guidelines also take effect on 1 January 2007.
Consequential
amendments to the IBC Code
Consequential amendments to the International Bulk Chemical Code (IBC Code) were also adopted at the session, reflecting the changes to MARPOL Annex II. The amendments incorporate revisions to the categorization of certain products relating to their properties as potential marine pollutants as well as revisions to ship type and carriage requirements following their evaluation by the Evaluation of Hazardous Substances Working Group.
Consequential amendments to the International Bulk Chemical Code (IBC Code) were also adopted at the session, reflecting the changes to MARPOL Annex II. The amendments incorporate revisions to the categorization of certain products relating to their properties as potential marine pollutants as well as revisions to ship type and carriage requirements following their evaluation by the Evaluation of Hazardous Substances Working Group.
Ships constructed after 1986 carrying
substances identified in chapter 17 of the IBC Code must follow the requirements
for design, construction, equipment and operation of ships contained in the
Code.
The
2005 Amendments
Adoption: 22 July 2005
Entry into force: 21 November 2006
Adoption: 22 July 2005
Entry into force: 21 November 2006
The amendments to the Regulations for the Prevention of Air Pollution from Ships in Annex
VI include the establishment of the North Sea SOx Emission Control Area (SECA).
The NOx Technical Code was also updated.
The
2006 Amendments
Adoption: March 2006
Entry into force: 1 August 2007
Adoption: March 2006
Entry into force: 1 August 2007
MARPOL regulation on oil fuel tank protection
The amendment to the revised MARPOL Annex I (which was adopted in October 2004 with entry into force set for 1 January 2007) includes a new regulation 12A on oil fuel tank protection. The regulation is intended to apply to all ships delivered on or after 1 August 2010 with an aggregate oil fuel capacity of 600m3 and above. It includes requirements for the protected location of the fuel tanks and performance standards for accidental oil fuel outflow. A maximum capacity limit of 2,500m3 per oil fuel tank is included in the regulation, which also requires Administrations to consider general safety aspects, including the need for maintenance and inspection of wing and double-bottom tanks or spaces, when approving the design and construction of ships in accordance with the regulation. Consequential amendments to the IOPP Certificate were also adopted.
The MEPC also agreed to include appropriate text referring to the new regulation in the amendments to the Guidelines for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs and approved a Unified Interpretation on the application of the regulation to column-stabilized MODUs.
The amendment to the revised MARPOL Annex I (which was adopted in October 2004 with entry into force set for 1 January 2007) includes a new regulation 12A on oil fuel tank protection. The regulation is intended to apply to all ships delivered on or after 1 August 2010 with an aggregate oil fuel capacity of 600m3 and above. It includes requirements for the protected location of the fuel tanks and performance standards for accidental oil fuel outflow. A maximum capacity limit of 2,500m3 per oil fuel tank is included in the regulation, which also requires Administrations to consider general safety aspects, including the need for maintenance and inspection of wing and double-bottom tanks or spaces, when approving the design and construction of ships in accordance with the regulation. Consequential amendments to the IOPP Certificate were also adopted.
The MEPC also agreed to include appropriate text referring to the new regulation in the amendments to the Guidelines for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs and approved a Unified Interpretation on the application of the regulation to column-stabilized MODUs.
Definition of heavy grade oil
A further amendment to the revised MARPOL Annex I relates to the definition of "heavy grade oil" in regulation 21 on Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo, replacing the words "fuel oils" with "oils, other than crude oils", thereby broadening the scope of the regulation.
A further amendment to the revised MARPOL Annex I relates to the definition of "heavy grade oil" in regulation 21 on Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo, replacing the words "fuel oils" with "oils, other than crude oils", thereby broadening the scope of the regulation.
MARPOL Annex IV amendments
The amendment to MARPOL Annex IV Prevention of pollution by sewage from ships adds a new regulation 13 on Port State control on operational requirements. The regulation states that a ship, when in a port or an offshore terminal of another Party, is subject to inspection by officers duly authorized by such Party concerning operational requirements under the Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by sewage.
The amendment to MARPOL Annex IV Prevention of pollution by sewage from ships adds a new regulation 13 on Port State control on operational requirements. The regulation states that a ship, when in a port or an offshore terminal of another Party, is subject to inspection by officers duly authorized by such Party concerning operational requirements under the Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by sewage.
Amendments to BCH Code
Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) were adopted as a consequence of the revised Annex II of MARPOL 73/78 and the amended International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), which are expected to enter into force on 1 January 2007. The MEPC also adopted a resolution on Early and Effective Application of the 2006 amendments to the BCH Code to invite MARPOL Parties to consider the application of the amendments to the BCH Code, as soon as practically possible, to ships entitled to fly their flag. Also adopted were the revised Guidelines for the provisional assessment of liquids transported in bulk. In this context the Committee urged industry, in particular the chemical industry, to provide information on the revision of List 2 of the MEPC circular which contains pollutant-only mixtures based on section 5 of the revised Guidelines.
Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) were adopted as a consequence of the revised Annex II of MARPOL 73/78 and the amended International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), which are expected to enter into force on 1 January 2007. The MEPC also adopted a resolution on Early and Effective Application of the 2006 amendments to the BCH Code to invite MARPOL Parties to consider the application of the amendments to the BCH Code, as soon as practically possible, to ships entitled to fly their flag. Also adopted were the revised Guidelines for the provisional assessment of liquids transported in bulk. In this context the Committee urged industry, in particular the chemical industry, to provide information on the revision of List 2 of the MEPC circular which contains pollutant-only mixtures based on section 5 of the revised Guidelines.
Xx
International Convention on the
Control of Harmful Anti-fouling Systems on Ships
Adoption:
5 October 2001
Entry
into force: The convention will enter into force 12
months after 25 States representing 25% of the world's merchant shipping
tonnage have ratified it. See
status on conventions
The International Convention on the Control
of Harmful Anti-fouling Systems on Ships will prohibit the use of harmful
organotins in anti-fouling paints used on ships and will establish a mechanism
to prevent the potential future use of other harmful substances in anti-fouling
systems.
Under the terms of the new Convention,
Parties to the Convention are required to prohibit and/or restrict the use of
harmful anti-fouling systems on ships flying their flag, as well as ships not
entitled to fly their flag but which operate under their authority and all
ships that enter a port, shipyard or offshore terminal of a Party.
Ships of above 400 gross tonnage and above
engaged in international voyages (excluding fixed or floating platforms, FSUs
and FPSOs) will be required to undergo an initial survey before the ship is put
into service or before the International Anti-fouling System Certificate is
issued for the first time; and a survey when the anti-fouling systems are
changed or replaced.
Ships of 24 metres or more in length but
less than 400 gross tonnage engaged in international voyages (excluding fixed
or floating platforms, FSUs and FPSOs) will have to carry a Declaration on
Anti-fouling Systems signed by the owner or authorized agent. The Declaration
will have to be accompanied by appropriate documentation such as a paint
receipt or contractor invoice.
Anti-fouling systems to be prohibited or
controlled will be listed in an annex (Annex 1) to the Convention, which will
be updated as and when necessary.
The harmful environmental effects of
organotin compounds were recognized by IMO in 1989. In 1990 IMO’s Marine
Environment Protection Committee (MEPC) adopted a resolution which recommended
that Governments adopt measures to eliminate the use of anti-fouling paint
containing TBT on non-aluminium hulled vessels of less than 25 metres in length
and eliminate the use of anti-fouling paints with a leaching rate of more than
four microgrammes of TBT per day.
In November 1999, IMO adopted an Assembly
resolution that called on the MEPC to develop an instrument, legally binding
throughout the world, to address the harmful effects of anti-fouling systems
used on ships. The resolution called for a global prohibition on the
application of organotin compounds which act as biocides in anti-fouling
systems on ships by 1 January 2003, and a complete prohibition by 1 January
2008.
Annex I attached to the Convention and
adopted by the Conference states that by an effective date of 1 January 2003,
all ships shall not apply or re-apply organotins compounds which act as
biocides in anti-fouling systems.
Given that this date has already passed,
IMO has been urging States to ratify the convention as soon as possible in
order to achieve entry into force conditions. In November 2001, the IMO
Assembly adopted Resolution A.928(22) Resolution
on early and effective application of the international convention on the
control of harmful anti-fouling systems on ships.
In the case of the reference to a
requirement being effective on 1 January 2003, if the convention comes into
force at a later date, then the legal effect is the requirements are moved
forward to that date. In other words, the legal effect of the 1 January 2003
date is suspended until the entry into force date. During such time before the
entry into force of the convention, port States cannot apply any requirements
of the convention to foreign ships calling into your ports. HOwever, flag
States may apply the requirements of the convention to their national fleet,
depending on their national legal system and decisions of that country, but
they may not expect the International Certificates to be recognized as
effective until the date of entry into force.
By 1 January 2008 (effective date), ships
either:
|
(a)
|
shall not bear such compounds on their
hulls or external parts or surfaces; or
|
|
(b)
|
shall bear a coating that forms a barrier
to such compounds leaching from the underlying non-compliant anti-fouling systems.
|
This applies to all ships (including fixed
and floating platforms, floating storage units (FSUs), and Floating Production
Storage and Offtake units (FPSOs).
The Convention includes a clause in Article
12 which states that a ship shall be entitled to compensation if it is unduly
detained or delayed while undergoing inspection for possible violations of the
Convention.
The Convention provides for the
establishment of a “technical group”, to include people with relevant
expertise, to review proposals for other substances used in anti-fouling
systems to be prohibited or restricted. Article 6 on Process for Proposing
Amendments to controls on Anti-fouling systems sets out how the evaluation of
an anti-fouling system should be carried out.
Resolutions
adopted by the Conference
The Conference adopted four resolutions:
Resolution
1 Early and Effective Application of the Convention –
The resolution invites Member States of the Organization to do its utmost to
prepare for implementing the Convention as a matter of urgency. It also urges
the relevant industries to refrain from marketing, sale and application of the
substances controlled by the Convention.
Resolution
2 Future work of the Organization pertaining to the Convention –
The resolution invites IMO to develop guidelines for brief sampling of
anti-fouling systems; guidelines for inspection of ships; and guidelines for
surveys of ships. The guidelines are needed in order to ensure global and
uniform application of the articles of the Convention which require sampling,
inspection and surveys.
The following have been developed and
adopted:
- Guidelines for survey and certification of anti-fouling systems on ships - adopted by resolution MEPC.102(48);
- Guidelines for brief sampling of anti-fouling systems on ships - adopted by resolution MEPC.104(49); and
- Guidelines for inspection of anti-fouling systems on ships - adopted by resolution MEPC.105(49).
Resolution
3 Approval and Test Methodologies for Anti-Fouling Systems on Ships –
This resolution invites States to approve, register or license anti-fouling
systems applied in their territories. It also urges States to continue the
work, in appropriate international fora, for the harmonization of test methods
and performance standards for anti-fouling systems containing biocides.
Resolution
4 Promotion of Technical Co-operation – The resolution
requests IMO Member States, in
co-operation with IMO, other interested States, competent international or
regional organizations and industry programmes, to promote and provide directly,
or through IMO, support to States in particular developing States that request
technical assistance for:
|
(a)
|
the assessment of the implications of
ratifying, accepting, approving, or acceding to and complying with the
Convention;
|
|
(b)
|
the development of national legislation
to give effect to the Convention; and
|
|
(c)
|
the introduction of other measures,
including the training of personnel, for the effective implementation and
enforcement of the Convention.
|
It also requests Member States, in co-operation
with IMO, other interested States, competent international and regional
organisation and industry programmes, to promote co‑operation for scientific
and technical research on the effects of anti-fouling systems as well as
monitoring these effects.
Background
Anti-fouling paints are used to coat the
bottoms of ships to prevent sealife such as algae and molluscs attaching
themselves to the hull – thereby slowing down the ship and increasing fuel
consumption.
The new Convention defines “anti-fouling
systems” as “a coating, paint, surface treatment, surface or device that is
used on a ship to control or prevent attachment of unwanted organisms”.
In the early days of sailing ships, lime
and later arsenic were used to coat ships' hulls, until the modern chemicals
industry developed effective anti-fouling paints using metallic compounds.
These compounds slowly "leach"
into the sea water, killing barnacles and other marine life that have attached
to the ship. But the studies have shown that these compounds persist in the
water, killing sealife, harming the environment and possibly entering the food
chain. One of the most effective anti-fouling paints, developed in the 1960s,
contains the organotin tributylin (TBT), which has been proven to cause
deformations in oysters and sex changes in whelks.
Xx
International Convention for the
Control and Management of Ships' Ballast Water and Sediments
Adoption:
13 February 2004
Entry into force: 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage. See Status of Conventions
Entry into force: 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage. See Status of Conventions
The Convention is divided into Articles;
and an Annex which includes technical standards and requirements in the
Regulations for the control and management of ships' ballast water and
sediments.
The main features of the Convention are
outlined below.
Entry
into force
The Convention will enter into force 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage (Article 18 Entry into force).
General Obligations
Under Article 2 General Obligations Parties undertake to give full and complete effect to the provisions of the Convention and the Annex in order to prevent, minimize and ultimately eliminate the transfer of harmful aquatic organisms and pathogens through the control and management of ships' ballast water and sediments.
The Convention will enter into force 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage (Article 18 Entry into force).
General Obligations
Under Article 2 General Obligations Parties undertake to give full and complete effect to the provisions of the Convention and the Annex in order to prevent, minimize and ultimately eliminate the transfer of harmful aquatic organisms and pathogens through the control and management of ships' ballast water and sediments.
Parties are given the right to take,
individually or jointly with other Parties, more stringent measures with
respect to the prevention, reduction or elimination of the transfer of harmful
aquatic organisms and pathogens through the control and management of ships'
ballast water and sediments, consistent with international law. Parties should
ensure that ballast water management practices do not cause greater harm than
they prevent to their environment, human health, property or resources, or
those of other States.
Reception
facilities
Under Article 5 Sediment Reception Facilities Parties undertake to ensure that ports and terminals where cleaning or repair of ballast tanks occurs, have adequate reception facilities for the reception of sediments.
Under Article 5 Sediment Reception Facilities Parties undertake to ensure that ports and terminals where cleaning or repair of ballast tanks occurs, have adequate reception facilities for the reception of sediments.
Research
and monitoring
Article 6 Scientific and Technical Research and Monitoring calls for Parties individually or jointly to promote and facilitate scientific and technical research on ballast water management; and monitor the effects of ballast water management in waters under their jurisdiction.
Article 6 Scientific and Technical Research and Monitoring calls for Parties individually or jointly to promote and facilitate scientific and technical research on ballast water management; and monitor the effects of ballast water management in waters under their jurisdiction.
Survey,
certification and inspection
Ships are required to be surveyed and certified (Article 7 Survey and certification) and may be inspected by port State control officers (Article 9 Inspection of Ships) who can verify that the ship has a valid certificate; inspect the Ballast Water Record Book; and/or sample the ballast water. If there are concerns, then a detailed inspection may be carried out and "the Party carrying out the inspection shall take such steps as will ensure that the ship shall not discharge Ballast Water until it can do so without presenting a threat of harm to the environment, human health, property or resources."
Ships are required to be surveyed and certified (Article 7 Survey and certification) and may be inspected by port State control officers (Article 9 Inspection of Ships) who can verify that the ship has a valid certificate; inspect the Ballast Water Record Book; and/or sample the ballast water. If there are concerns, then a detailed inspection may be carried out and "the Party carrying out the inspection shall take such steps as will ensure that the ship shall not discharge Ballast Water until it can do so without presenting a threat of harm to the environment, human health, property or resources."
All possible efforts shall be made to avoid
a ship being unduly detained or delayed (Article 12 Undue Delay to Ships).
Technical
assistance
Under Article 13 Technical Assistance, Co-operation and Regional Co-operation, Parties undertake, directly or through the Organization and other international bodies, as appropriate, in respect of the control and management of ships' ballast water and sediments, to provide support for those Parties which request technical assistance to train personnel; to ensure the availability of relevant technology, equipment and facilities; to initiate joint research and development programmes; and to undertake other action aimed at the effective implementation of this Convention and of guidance developed by the Organization related thereto.
Under Article 13 Technical Assistance, Co-operation and Regional Co-operation, Parties undertake, directly or through the Organization and other international bodies, as appropriate, in respect of the control and management of ships' ballast water and sediments, to provide support for those Parties which request technical assistance to train personnel; to ensure the availability of relevant technology, equipment and facilities; to initiate joint research and development programmes; and to undertake other action aimed at the effective implementation of this Convention and of guidance developed by the Organization related thereto.
Annex
- Section A General Provisions
This includes definitions, application and exemptions. Under Regulation A-2 General Applicability: "Except where expressly provided otherwise, the discharge of Ballast Water shall only be conducted through Ballast Water Management, in accordance with the provisions of this Annex."
This includes definitions, application and exemptions. Under Regulation A-2 General Applicability: "Except where expressly provided otherwise, the discharge of Ballast Water shall only be conducted through Ballast Water Management, in accordance with the provisions of this Annex."
Annex
- Section B Management and Control Requirements for Ships
Ships are required to have on board and implement a Ballast Water Management Plan approved by the Administration (Regulation B-1). The Ballast Water Management Plan is specific to each ship and includes a detailed description of the actions to be taken to implement the Ballast Water Management requirements and supplemental Ballast Water Management practices.
Ships are required to have on board and implement a Ballast Water Management Plan approved by the Administration (Regulation B-1). The Ballast Water Management Plan is specific to each ship and includes a detailed description of the actions to be taken to implement the Ballast Water Management requirements and supplemental Ballast Water Management practices.
Ships must have a Ballast Water Record Book
(Regulation B-2) to record when ballast water is taken on board; circulated or
treated for Ballast Water Management purposes; and discharged into the sea. It
should also record when Ballast Water is discharged to a reception facility and
accidental or other exceptional discharges of Ballast Water
The specific requirements for ballast water
management are contained in regulation B-3 Ballast Water Management for Ships:
- Ships constructed before 2009 with a ballast water capacity of between 1500 and 5000 cubic metres must conduct ballast water management that at least meets the ballast water exchange standards or the ballast water performance standards until 2014, after which time it shall at least meet the ballast water performance standard.
- Ships constructed before 2009 with a ballast water capacity of less than 1500 or greater than 5000 cubic metres must conduct ballast water management that at least meets the ballast water exchange standards or the ballast water performance standards until 2016, after which time it shall at least meet the ballast water performance standard.
- Ships constructed in or after 2009 with a ballast water capacity of less than 5000 cubic metres must conduct ballast water management that at least meets the ballast water performance standard.
- Ships constructed in or after 2009 but before 2012, with a ballast water capacity of 5000 cubic metres or more shall conduct ballast water management that at least meets the standard described in regulation D-1 or D-2 until 2016 and at least the ballast water performance standard after 2016.
- Ships constructed in or after 2012, with a ballast water capacity of 5000 cubic metres or more shall conduct ballast water management that at least meets the ballast water performance standard.
Other methods of ballast water management
may also be accepted as alternatives to the ballast water exchange standard and
ballast water performance standard, provided that such methods ensure at least
the same level of protection to the environment, human health, property or
resources, and are approved in principle by IMO's Marine Environment Protection
Committee (MEPC).
Under Regulation B-4 Ballast Water
Exchange, all ships using ballast water exchange should:
- whenever possible, conduct ballast water exchange at least 200 nautical miles from the nearest land and in water at least 200 metres in depth, taking into account Guidelines developed by IMO;
- in cases where the ship is unable to conduct ballast water exchange as above, this should be as far from the nearest land as possible, and in all cases at least 50 nautical miles from the nearest land and in water at least 200 metres in depth.
When these requirements cannot be met areas
may be designated where ships can conduct ballast water exchange. All ships
shall remove and dispose of sediments from spaces designated to carry ballast
water in accordance with the provisions of the ships' ballast water management
plan (Regulation B-4).
Annex
- Section C Additional measures
A Party, individually or jointly with other Parties, may impose on ships additional measures to prevent, reduce, or eliminate the transfer of Harmful Aquatic Organisms and Pathogens through ships' Ballast Water and Sediments.
In these cases, the Party or Parties should consult with adjoining or nearby States that may be affected by such standards or requirements and should communicate their intention to establish additional measure(s) to the Organization at least 6 months, except in emergency or epidemic situations, prior to the projected date of implementation of the measure(s). When appropriate, Parties will have to obtain the approval of IMO.
A Party, individually or jointly with other Parties, may impose on ships additional measures to prevent, reduce, or eliminate the transfer of Harmful Aquatic Organisms and Pathogens through ships' Ballast Water and Sediments.
In these cases, the Party or Parties should consult with adjoining or nearby States that may be affected by such standards or requirements and should communicate their intention to establish additional measure(s) to the Organization at least 6 months, except in emergency or epidemic situations, prior to the projected date of implementation of the measure(s). When appropriate, Parties will have to obtain the approval of IMO.
Annex
- Section D Standards for Ballast Water Management
There is a ballast water exchange standard and a ballast water performance standard. Ballast water exchange could be used to meet the performance standard:
There is a ballast water exchange standard and a ballast water performance standard. Ballast water exchange could be used to meet the performance standard:
Regulation
D-1 Ballast Water Exchange Standard - Ships
performing Ballast Water exchange shall do so with an efficiency of 95 per cent
volumetric exchange of Ballast Water. For ships exchanging ballast water by the
pumping-through method, pumping through three times the volume of each ballast
water tank shall be considered to meet the standard described. Pumping through
less than three times the volume may be accepted provided the ship can
demonstrate that at least 95 percent volumetric exchange is met.
Regulation
D-2 Ballast Water Performance Standard - Ships
conducting ballast water management shall discharge less than 10 viable
organisms per cubic metre greater than or equal to 50 micrometres in minimum
dimension and less than 10 viable organisms per milliliter less than 50
micrometres in minimum dimension and greater than or equal to 10 micrometres in
minimum dimension; and discharge of the indicator microbes shall not exceed the
specified concentrations.
The indicator microbes, as a human health
standard, include, but are not be limited to:
a. Toxicogenic Vibrio cholerae (O1 and O139) with less than 1 colony forming unit (cfu) per 100 milliliters or less than 1 cfu per 1 gram (wet weight) zooplankton samples ;
b. Escherichia coli less than 250 cfu per 100 milliliters;
c. Intestinal Enterococci less than 100 cfu per 100 milliliters.
a. Toxicogenic Vibrio cholerae (O1 and O139) with less than 1 colony forming unit (cfu) per 100 milliliters or less than 1 cfu per 1 gram (wet weight) zooplankton samples ;
b. Escherichia coli less than 250 cfu per 100 milliliters;
c. Intestinal Enterococci less than 100 cfu per 100 milliliters.
Ballast Water Management systems must be
approved by the Administration in accordance with IMO Guidelines (Regulation
D-3 Approval requirements for Ballast Water Management systems). These include
systems which make use of chemicals or biocides; make use of organisms or
biological mechanisms; or which alter the chemical or physical characteristics
of the Ballast Water.
Prototype
technologies
Regulation D-4 covers Prototype Ballast Water Treatment Technologies. It allows for ships participating in a programme approved by the Administration to test and evaluate promising Ballast Water treatment technologies to have a leeway of five years before having to comply with the requirements.
Regulation D-4 covers Prototype Ballast Water Treatment Technologies. It allows for ships participating in a programme approved by the Administration to test and evaluate promising Ballast Water treatment technologies to have a leeway of five years before having to comply with the requirements.
Review
of standards
Under regulation D-5 Review of Standards by the Organization, IMO is required to review the Ballast Water Performance Standard, taking into account a number of criteria including safety considerations; environmental acceptability, i.e., not causing more or greater environmental impacts than it solves; practicability, i.e., compatibility with ship design and operations; cost effectiveness; and biological effectiveness in terms of removing, or otherwise rendering inactive harmful aquatic organisms and pathogens in ballast water. The review should include a determination of whether appropriate technologies are available to achieve the standard, an assessment of the above mentioned criteria, and an assessment of the socio-economic effect(s) specifically in relation to the developmental needs of developing countries, particularly small island developing States.
Under regulation D-5 Review of Standards by the Organization, IMO is required to review the Ballast Water Performance Standard, taking into account a number of criteria including safety considerations; environmental acceptability, i.e., not causing more or greater environmental impacts than it solves; practicability, i.e., compatibility with ship design and operations; cost effectiveness; and biological effectiveness in terms of removing, or otherwise rendering inactive harmful aquatic organisms and pathogens in ballast water. The review should include a determination of whether appropriate technologies are available to achieve the standard, an assessment of the above mentioned criteria, and an assessment of the socio-economic effect(s) specifically in relation to the developmental needs of developing countries, particularly small island developing States.
Annex-
Section E Survey and Certification Requirements for Ballast Water Management
Gives requirements for initial renewal, annual, intermediate and renewal surveys and certification requirements. Appendices give form of Ballast Water Management Certificate and Form of Ballast Water Record Book.
Gives requirements for initial renewal, annual, intermediate and renewal surveys and certification requirements. Appendices give form of Ballast Water Management Certificate and Form of Ballast Water Record Book.
Resolutions
adopted by the Conference
The Conference also adopted four resolutions:
The Conference also adopted four resolutions:
- Conference resolution 1: Future work by the Organization pertaining to the International Convention for the Control and Management of Ships' Ballast Water and Sediments
- Conference resolution 2: The use of decision-making tools when reviewing the standards pursuant to Regulation D-5
- Conference resolution 3: Promotion of technical co-operation and assistance
- Conference resolution 4: Review of the Annex to the International Convention for the Control and Management of Ships' Ballast Water and Sediments
Background
The problem of invasive species is largely
due to the expanded trade and traffic volume over the last few decades. The
effects in many areas of the world have been devastating. Quantitative data
show the rate of bio-invasions is continuing to increase at an alarming rate,
in many cases exponentially, and new areas are being invaded all the time.
Volumes of seaborne trade continue overall to increase and the problem may not
yet have reached its peak.
Specific examples include the introduction of the European zebra mussel (Dreissena polymorpha) in the Great Lakes between Canada and the United States, resulting in expenses of billions of dollars for pollution control and cleaning of fouled underwater structures and waterpipes; and the introduction of the American comb jelly (Mnemiopsis leidyi) to the Black and Azov Seas, causing the near extinction of anchovy and sprat fisheries.
The problem of harmful aquatic organisms in ballast water was first raised at IMO in 1988 and since then IMO's Marine Environment Protection Committee (MEPC), together with the Maritime Safety Committee (MSC) and technical sub-committees, have been dealing with the issue, focusing in the past decade first on guidelines and then on developing the new convention.
Specific examples include the introduction of the European zebra mussel (Dreissena polymorpha) in the Great Lakes between Canada and the United States, resulting in expenses of billions of dollars for pollution control and cleaning of fouled underwater structures and waterpipes; and the introduction of the American comb jelly (Mnemiopsis leidyi) to the Black and Azov Seas, causing the near extinction of anchovy and sprat fisheries.
The problem of harmful aquatic organisms in ballast water was first raised at IMO in 1988 and since then IMO's Marine Environment Protection Committee (MEPC), together with the Maritime Safety Committee (MSC) and technical sub-committees, have been dealing with the issue, focusing in the past decade first on guidelines and then on developing the new convention.
Going further into history, scientists
first recognized the signs of an alien species introduction after a mass
occurrence of the Asian phytoplankton algae Odontella (Biddulphia sinensis) in
the North Sea in 1903.
But it was not until the 1970s that the
scientific community began reviewing the problem in detail. In the late 1980s,
Canada and Australia were among countries experiencing particular problems with
unwanted species, and they brought their concerns to the attention of IMO's
Marine Environment Protection Committee (MEPC).
In 1991 the MEPC adopted MEPC resolution
50(31) - Guidelines for Preventing the Introduction of Unwanted Organisms and
Pathogens from Ships' Ballast Water and Sediment Discharges; while the United
Nations Conference on Environment and Development (UNCED), held in Rio de
Janeiro in 1992, recognized the issue as a major international concern.
In November 1993, the IMO Assembly adopted
resolution A.774(18) - Guidelines for Preventing the Introduction of Unwanted
Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges,
based on the Guidelines adopted in 1991. The resolution requested the MEPC and
the MSC to keep the Guidelines under review with a view to developing
internationally applicable, legally-binding provisions.
The 20th Assembly of IMO in November 1997
adopted resolution A.868(20) - Guidelines for the control and management of
ships' ballast water to minimize the transfer of harmful aquatic organisms and
pathogens.
The development of the draft mandatory
instrument has been continuing since then until this week's adoption of the new
instrument.
Some examples of aquatic bio-invasions
causing major impact are listed in the table, but there are hundreds of other
serious invasions which have been recorded around the world:
|
Name
|
Native to
|
Introduced to
|
Impact
|
|
Cholera
Vibrio cholerae (various strains) |
Various strains with broad ranges
|
South America, Gulf of Mexico and other
areas
|
Some cholera epidemics appear to be
directly associated with ballast water
|
|
Cladoceran Water Flea
Cercopagis pengoi |
Black and Caspian Seas
|
Baltic Sea
|
Reproduces to form very large populations
that dominate the zooplankton community and clog fishing nets and trawls,
with associated economic impacts
|
|
Mitten Crab
Eiocheir sinensis |
Northern Asia
|
Western Europe, Baltic Sea and West Coast
North America
|
Undergoes mass migrations for
reproductive purposes. Burrows into river banks and dykes causing erosion and
siltation. Preys on native fish and invertebrate species, causing local
extinctions during population outbreaks. Interferes with fishing activities
|
|
Toxic Algae(Red/Brown/ Green Tides)
Various species |
Various species with broad ranges
|
Several species have been transferred to
new areas in ships' ballast water
|
May form Harmful Algae Blooms. Depending
on the species, can cause massive kills of marine life through oxygen
depletion, release of toxins and/or mucus. Can foul beaches and impact on
tourism and recreation. Some species may contaminate filter-feeding shellfish
and cause fisheries to be closed. Consumption of contaminated shellfish by
humans may cause severe illness and death
|
|
Round Goby
Neogobius melanostomus |
Black, Asov and Caspian Seas
|
Baltic Sea and North America
|
Highly adaptable and invasive. Increases
in
numbers and spreads quickly. Competes for food and habitat with native fishes including commercially important species, and preys on their eggs and young. Spawns multiple times per season and survives in poor water quality |
|
North American Comb Jelly
Mnemiopsis leidyi |
Eastern Seaboard of the Americas
|
Black, Azov and Caspian Seas
|
Reproduces rapidly (self fertilising
hermaphrodite) under favourable conditions. Feeds excessively on zooplankton.
Depletes zooplankton stocks; altering food web and ecosystem function.
Contributed significantly to collapse of Black and Asov Sea fisheries in
1990s, with massive economic and social impact. Now threatens similar impact
in Caspian Sea.
|
|
North Pacific Seastar
Asterias amurensis |
Northern Pacific
|
Southern Australia
|
Reproduces in large numbers, reaching
'plague' proportions rapidly in invaded environments. Feeds on shellfish,
including commercially valuable scallop, oyster and clam species |
|
Zebra Mussel
Dreissena polymorpha |
Eastern Europe (Black Sea)
|
Introduced to:
Western and northern Europe, including Ireland and Baltic Sea;eastern half of North America |
Fouls all available hard surfaces in mass
numbers. Displaces native aquatic life. Alters habitat, ecosystem and food
web. Causes severe fouling problems on infrastructure and vessels. Blocks
water intake pipes, sluices and irrigation ditches. Economic costs to USA
alone of around
US$750 million to $1 billion between 1989 and 2000 |
|
Asian Kelp
Undaria pinnatifida |
Northern Asia
|
Southern Australia,
New Zealand, West Coast of the United States, Europe and Argentina |
Grows and spreads rapidly, both
vegetatively and through dispersal of spores. Displaces native algae and
marine life. Alters habitat, ecosystem and food web. May affect commercial
shellfish stocks through space competition and alteration of habitat
|
|
European Green Crab
Carcinus maenus |
European Atlantic Coast
|
Southern Australia, South Africa, the
United States and Japan
|
Highly adaptable and invasive. Resistant
to predation due to hard shell. Competes with and displaces native crabs and
becomes a dominant species in invaded areas. Consumes and depletes wide range
of prey species. Alters inter-tidal rocky shore ecosystem
|
Xx
Liability and Compensation Conventions
|
The Convention was adopted to ensure that adequate,
prompt, and effective compensation is available to persons who suffer damage
caused by spills of oil, when carried as fuel in ships' bunkers.
|
|
The Convention will make it possible for up to 250 million
SDR (about US$320 million) to be paid out in compensation to victims of
accidents involving HNS, such as chemicals.
|
|
The Convention is designed to consolidate and harmonize
two earlier Brussels conventions dealing with passengers and luggage and
adopted in 1961 and 1967 respectively.
|
|
The Convention replaces the International Convention Relating
to the Limitation of the Liability of Owners of Seagoing Ships, which was
signed in Brussels in 1957, and came into force in 1968.
|
|
The Convention establishes a Fund for providing
compensaton for oil pollution incidents beyond that provided for by the CLC
Convention.
|
|
In 1971 IMO, in association with the International Atomic
Energy Agency (IAEA) and the European Nuclear Energy Agency of the
Organization for Economic Co-operation and Development (OECD), convened a
Conference which adopted a Convention to regulate liability in respect of
damage arising from the maritime carriage of nuclear substances.
|
|
The Civil Liability Convention covers those who suffer oil
pollution damage resulting from maritime casualties involving oil-carrying
ships. The Convention places the liability for such damage on the owner of
the ship from which the polluting oil escaped or was discharged.
|
Xx
International Convention on Civil Liability for Bunker Oil
Pollution Damage, 2001
Adoption: 23 March 2001.
Entry
into force: Enters into force 12 months following the
date on which 18 States, including five States each with ships whose combined
gross tonnage is not less than 1 million gt have either signed it without
reservation as to ratification, acceptance or approval or have deposited
instruments of ratification, acceptance, approval or accession with the IMO
Secretary-General.
The Convention was adopted to ensure that
adequate, prompt, and effective compensation is available to persons who suffer
damage caused by spills of oil, when carried as fuel in ships' bunkers.
The Convention applies to damage caused on
the territory, including the territorial sea, and in exclusive economic zones
of States Parties.
The bunkers convention provides a
free-standing instrument covering pollution damage only.
"Pollution damage" means:
(a) loss or damage caused outside the ship
by contamination resulting from the escape or discharge of bunker oil from the
ship, wherever such escape or discharge may occur, provided that compensation
for impairment of the environment other than loss of profit from such
impairment shall be limited to costs of reasonable measures of reinstatement
actually undertaken or to be undertaken; and
(b) the costs of preventive measures and
further loss or damage caused by preventive measures.
The convention is modelled on the
International Convention on Civil Liability for Oil Pollution Damage, 1969. As
with that convention, a key requirement in the bunkers convention is the need
for the registered owner of a vessel to maintain compulsory insurance cover.
Another key provision is the requirement
for direct action - this would allow a claim for compensation for pollution
damage to be brought directly against an insurer. The Convention requires ships
over 1,000 gross tonnage to maintain insurance or other financial security,
such as the guarantee of a bank or similar financial institution, to cover the
liability of the registered owner for pollution damage in an amount equal to
the limits of liability under the applicable national or international
limitation regime, but in all cases, not exceeding an amount calculated in
accordance with the Convention on Limitation of Liability for Maritime Claims,
1976, as amended.
Resolutions
of the Conference
The Conference which adopted the Convention
also adopted three resolutions:
Resolution
on limitation of liability - the resolution urges all States
that have not yet done so, to ratify, or accede to the Protocol of 1996 to
amend the Convention on Limitation of Liability for Maritime Claims, 1976. The
1996 LLMC Protocol raises the limits of liability and therefore amounts of
compensation payable in the event of an incident, compared to the 1976
Convention. The LLMC Protocol will enter into force 90 days after being accepted
by 10 States - it has received four acceptances to date.
Resolution
on promotion of technical co-operation - the resolution
urges all IMO Member States, in co-operation with IMO, other interested States,
competent international or regional organizations and industry programmes, to
promote and provide directly, or through IMO, support to States that request
technical assistance for:
(a) the assessment of the implications of
ratifying, accepting, approving, or acceding to and complying with the Convention;
(b) the development of national legislation
to give effect to the Convention;
(c) the introduction of other measures for,
and the training of personnel charged with, the effective implementation and
enforcement of the Convention.
The resolution also urges all States to
initiate action without awaiting the entry into force of the Convention.
Resolution
on protection for persons taking measures to prevent or minimize the effects of
oil pollution - the resolution urges States, when
implementing the Convention, to consider the need to introduce legal provision
for protection for persons taking measures to prevent or minimize the effects
of bunker oil pollution. It recommends that persons taking reasonable measures
to prevent or minimize the effects of oil pollution be exempt from liability
unless the liability in question resulted from their personal act or omission,
committed with the intent to cause damage, or recklessly and with knowledge
that such damage would probably result. It also recommends that States consider
the relevant provisions of the International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea, 1996, as a model for their legislation.
Xxx
International Convention on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea (HNS), 1996
Adoption:
3 May 1996
Entry
into force: 18 months after the following conditions
have been fulfilled:
· 12 States have accepted the Convention,
four of which have not less than two million units of gross tonnage
· Provided that persons in these States who
would be responsible to pay contributions to the general account have received
a total quantity of at least 40 million tonnes of contributing cargo in the
preceding calendar year.
Status:
See status of conventions
Introduction
The Convention will make it possible for up
to 250 million SDR (about US$320 million) to be paid out in compensation to
victims of accidents involving HNS, such as chemicals.
The HNS Convention is based on the two-tier
system established under the CLC and Fund Conventions . However, it goes
further in that it covers not only pollution damage but also the risks of fire
and explosion, including loss of life or personal injury as well as loss of or
damage to property.
HNS are defined by reference to lists of
substances included in various IMO Conventions and Codes. These include oils;
other liquid substances defined as noxious or dangerous; liquefied gases;
liquid substances with a flashpoint not exceeding 60°C; dangerous, hazardous
and harmful materials and substances carried in packaged form; and solid bulk
materials defined as possessing chemical hazards. The Convention also covers
residues left by the previous carriage of HNS, other than those carried in
packaged form.
The Convention defines damage as including
loss of life or personal injury; loss of or damage to property outside the
ship; loss or damage by contamination of the environment; the costs of
preventative measures and further loss or damage caused by them.
The Convention introduces strict liability
for the shipowner and a system of compulsory insurance and insurance certificates.
The unit of account used in the Convention
is the Special Drawing Right (SDR) of the International Monetary Fund (IMF).
Limits of liability
For ships not exceeding 2,000 units of
gross tonnage, the limit is set at 10 million SDR (about US$12.8 million). For
ships above that tonnage, an additional 1,500 SDR is added for each unit of
tonnage from 2001 to 50,000; and 360 SDR for each unit of tonnage in excess of
50,000 units of tonnage. The total possible amount the shipowner is liable for
is limited to 100 million SDR (US$128 million).
States which are Parties to the Convention
can decide not to apply it to ships of 200 gross tonnage and below, which carry
HNS only in packaged form and are engaged on voyages between ports in the same
State. Two neighbouring States can further agree to apply similar conditions to
ships operating between ports in the two countries.
In order to ensure that shipowners engaged
in the transport of HNS are able to meet their liabilities, the Convention
makes insurance compulsory for them. A certificate of insurance must be carried
on board and a copy kept by the authorities who keep record of the ship's
registry.
HNS Fund
It has generally been agreed that it would
not be possible to provide sufficient cover by the shipowner liability alone
for the damage that could be caused in connection with the carriage of HNS
cargo. This liability, which creates a first tier of the convention, is
therefore supplemented by the second tier, the HNS Fund, financed by cargo
interests.
The Fund will become involved:
· because no liability for the damage
arises for the shipowner. This could occur, for example, if the shipowner was
not informed that a shipment contained HNS or if the accident resulted from an
act of war.
because the owner is financially incapable
of meeting the obligations under this Convention in full and any financial security that may be provided does not
cover or is insufficient to satisfy the claims for compensation for damage
· because the damage exceeds the owner's
liability limits established in the Convention.
Contributions to the second tier will be
levied on persons in the Contracting Parties who receive a certain minimum
quantity of HNS cargo during a calendar year. The tier will consist of one
general account and three separate accounts for oil, liquefied natural gas
(LNG) and liquefied petroleum gas (LPG). The system with separate accounts has
been seen as a way to avoid cross-subsidization between different HNS
substances.
As with the CLC and Fund Conventions, when an
incident occurs where compensation is payable under the HNS Convention,
compensation would first be sought from the shipowner, up to the maximum limit
of 100 million SDR (US$128 million).
Once this limit are reached, compensation
would be paid from the second tier, the HNS Fund, up to a maximum of 250
million SDR (US$320 million) (including compensation paid under the first
tier).
The Fund will have an Assembly consisting
of all States which are Parties and a Secretariat headed by a Director. The
Assembly will normally meet once a year.
HNS
and the CLC/Fund Conventions
The HNS Convention excludes pollution damage as defined in the
International Convention on Civil Liability for Oil Pollution Damage and the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, to avoid an overlap with these
Conventions.
However, HNS covers other damage (including
death or personal injury) as well as damage caused by fire and/or explosion
when oils are carried.
Special
Drawing Rights Conversion Rates
The daily conversion rates for Special
Drawing Rights (SDRs) can be found on the International Monetary Fund website
at http://www.imf.org/ under "Fund
Rates".
Xxx
Athens Convention relating to the Carriage of Passengers and
their Luggage by Sea (PAL), 1974
Adoption:
13 December 1974
Entry into force: 28 April 1987
Entry into force: 28 April 1987
Introduction
A Conference, convened in Athens in 1974, adopted the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974.
A Conference, convened in Athens in 1974, adopted the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974.
The Convention is designed to consolidate
and harmonize two earlier Brussels conventions dealing with passengers and
luggage and adopted in 1961 and 1967 respectively.
The Convention establishes a regime of
liability for damage suffered by passengers carried on a seagoing vessel. It
declares a carrier liable for damage or loss suffered by a passenger if the
incident causing the damage occurred in the course of the carriage and was due
to the fault or neglect of the carrier.
However, unless the carrier acted with
intent to cause such damage, or recklessly and with knowledge that such damage
would probably result, he can limit his liability. For the death of, or
personal injury to, a passenger, this limit of liability is set at 46,666
Special Drawing Rights (SDR) (about US$61,000) per carriage. The 2002 Protocol,
when it enters into force, will substantially raise those limits.
As far as loss of or damage to luggage is
concerned, the carrier's limit of liability varies, depending on whether the
loss or damage occurred in respect of cabin luggage, of a vehicle and/or
luggage carried in or on it, or in respect of other luggage.
The
1976 Protocol
Adoption:
19 November 1976
Entry
into force: 30 April 1989
The Athens Convention also used the
"Poincaré franc", based on the "official" value of gold, as
the applicable unit of account.
A Protocol to the Convention, with the same
provisions as in the Protocols to the 1971 Fund Convention and the 1969
Liability Convention, was accordingly adopted in November 1976, making the unit
of account the Special Drawing Right (SDR).
The
1990 Protocol
Adoption: 29 March 1990
Entry into force: 90 days after being accepted by 10 States
Adoption: 29 March 1990
Entry into force: 90 days after being accepted by 10 States
Status:
Superseded by 2002 Protocol
The main aim of the Protocol is to raise
the amount of compensation available in the event of deaths or injury at
175,000 SDR (around US$224,000). Other limits are 1,800 SDR (about US$2,300)
for loss of or damage to cabin luggage and 10,000 SDR (about US$12,800) for
loss of or damage to vehicles.
The Protocol also makes provision for the
"tacit acceptance" procedure to be used to amend the limitation
amounts in the future.
The
2002 Protocol
Adoption: 1 November 2002
Entry into force: 12 months after being accepted by 10 States See Status of Conventions
Adoption: 1 November 2002
Entry into force: 12 months after being accepted by 10 States See Status of Conventions
The Protocol introduces compulsory
insurance to cover passengers on ships and raises the limits of liability. It
also introduces other mechanisms to assist passengers in obtaining
compensation, based on well-accepted principles applied in existing liability
and compensation regimes dealing with environmental pollution. These include
replacing the fault-based liability system with a strict liability system for
shipping related incidents, backed by the requirement that the carrier take out
compulsory insurance to cover these potential claims.
The limits contained in the Protocol set a
maximum limit, empowering - but not obliging - national courts to compensate
for death, injury or damage up to these limits.
The Protocol also includes an
"opt-out" clause, enabling State Parties to retain or introduce
higher limits of liability (or unlimited liability) in the case of carriers who
are subject to the jurisdiction of their courts.
Compulsory
insurance
A new Article 4bis of the Convention requires carriers to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the limits for strict liability under the Convention in respect of the death of and personal injury to passengers.
A new Article 4bis of the Convention requires carriers to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the limits for strict liability under the Convention in respect of the death of and personal injury to passengers.
The limit of the compulsory insurance or
other financial security shall not be less than 250,000 Special Drawing Rights
(SDR) (about US$325,000) per passenger on each distinct occasion. Ships are to
be issued with a certificate attesting that insurance or other financial
security is in force and a model certificate is attached to the Protocol in an
Annex.
Limits
of liability
The limits of liability have been raised significantly under the Protocol, to reflect present day conditions and the mechanism for raising limits in the future has been made easier.
The limits of liability have been raised significantly under the Protocol, to reflect present day conditions and the mechanism for raising limits in the future has been made easier.
The liability of the carrier for the death
of or personal injury to a passenger is limited to 250,000 SDR (about
US$325,000) per passenger on each distinct occasion.
The carrier is liable, unless the carrier proves that the incident resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission done with the intent to cause the incident by a third party.
The carrier is liable, unless the carrier proves that the incident resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission done with the intent to cause the incident by a third party.
If the loss exceeds the limit, the carrier
is further liable - up to a limit of 400,000 SDR (about US$524,000) per
passenger on each distinct occasion - unless the carrier proves that the
incident which caused the loss occurred without the fault or neglect of the
carrier.
For the loss suffered as a result of the
death of or personal injury to a passenger not caused by a shipping incident,
the carrier is liable if the incident which caused the loss was due to the
fault or neglect of the carrier. The burden of proving fault or neglect lies
with the claimant.
The liability of the carrier only includes
loss arising from incidents that occurred in the course of the carriage. The
burden of proving that the incident which caused the loss occurred in the
course of the carriage, and the extent of the loss, lies with the claimant.
"Opt-out"
Clause
The Protocol allows a State Party to regulate by specific provisions of national law the limit of liability for personal injury and death, provided that the national limit of liability, if any, is not lower than that prescribed in the Protocol. A State Party, which makes use of this option is obliged to inform the IMO Secretary?General of the limit of liability adopted or of the fact that there is none.
The Protocol allows a State Party to regulate by specific provisions of national law the limit of liability for personal injury and death, provided that the national limit of liability, if any, is not lower than that prescribed in the Protocol. A State Party, which makes use of this option is obliged to inform the IMO Secretary?General of the limit of liability adopted or of the fact that there is none.
Loss of or damage to luggage and vehicles -
The liability of the carrier for the loss of or damage to cabin luggage is
limited to 2,250 SDR (about US$2,925) per passenger, per carriage.
- liability of the carrier for the loss of
or damage to vehicles including all luggage carried in or on the vehicle is
limited to12,700 SDR (about US$16,250) per vehicle, per carriage.
- liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR (about US$4,390) per passenger, per carriage.
- The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 330 SDR in the case of damage to a vehicle and not exceeding 149 (about US$220) SDR per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.
- liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR (about US$4,390) per passenger, per carriage.
- The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 330 SDR in the case of damage to a vehicle and not exceeding 149 (about US$220) SDR per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.
Amendment
of limits
The Protocol introduces a new procedure for amending the limits of liability under the Convention, so that any future raises in limits can be achieved more readily. Under the 1974 Convention, limits can only be raised by adopting amendments to the Convention which require a specified number of States' acceptances to bring the amendments into force. This has meant, for example, that the 1990 Protocol, which was intended to raise the limits, has not yet entered into force and indeed is being superseded by the 2002 Protocol.
The Protocol introduces a new procedure for amending the limits of liability under the Convention, so that any future raises in limits can be achieved more readily. Under the 1974 Convention, limits can only be raised by adopting amendments to the Convention which require a specified number of States' acceptances to bring the amendments into force. This has meant, for example, that the 1990 Protocol, which was intended to raise the limits, has not yet entered into force and indeed is being superseded by the 2002 Protocol.
The 2002 Protocol therefore introduces a
tacit acceptance procedure for raising the limits of liability. A proposal to
amend the limits, as requested by at least one-half of the Parties to the
Protocol, would be circulated to all IMO Member States and al States Parties
and would then be discussed in the IMO Legal Committee. Amendments would be
adopted by a two-thirds majority of the States Parties to the Convention as
amended by the Protocol present and voting in the Legal Committee, and
amendments would enter into force 18 months after its deemed acceptance date.
The deemed acceptance date would be 18 months after adoption, unless within
that period not less than one fourth of the States that were States Parties at
the time of the adoption of the amendment have communicated to the IMO
Secretary-General that they do not accept the amendment.
Regional
Economic Integration Organizations
For the first time in an IMO Convention, a regional economic integration organization may sign up to the Protocol. An article in the Protocol states that a Regional Economic Integration Organization, which is constituted by sovereign States that have transferred competence over certain matters governed by this Protocol to that Organization, may sign, ratify, accept, approve or accede to the Protocol. A Regional Economic Integration Organization which is a Party to this
For the first time in an IMO Convention, a regional economic integration organization may sign up to the Protocol. An article in the Protocol states that a Regional Economic Integration Organization, which is constituted by sovereign States that have transferred competence over certain matters governed by this Protocol to that Organization, may sign, ratify, accept, approve or accede to the Protocol. A Regional Economic Integration Organization which is a Party to this
Protocol shall have the rights and
obligations of a State Party, to the extent that the Regional Economic
Integration Organization has competence over matters governed by this Protocol.
Title
of Convention
The Protocol states that Articles 1 to 22 of the Convention, as revised by the Protocol, together with Articles 17 to 25 of the Protocol and the Annex thereto, shall constitute and be called the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.
The Protocol states that Articles 1 to 22 of the Convention, as revised by the Protocol, together with Articles 17 to 25 of the Protocol and the Annex thereto, shall constitute and be called the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.
States who ratify the 2002 Protocol are
required to denounce the 1974 Convention and its 1976 and 1990 Protocols, if
they are Party to the 1974 Convention and those Protocols.
Conference
Resolutions
The Conference which adopted the 2002 Protocol also adopted the following resolutions:
The Conference which adopted the 2002 Protocol also adopted the following resolutions:
Conference
Resolution 1 - Regional Economic Integration Organizations
The resolution notes that the 2002 Protocol to the Athens Convention allows Regional Economic Integration Organizations and their sovereign Member States to become parties to the Protocol and recognizes that States may, in the future, establish or become Members to various forms of regional economic integration organizations to which they may opt to transfer competencies or functions governed by treaties and exercise these in a shared manner. The resolution requests IMO to carry out a study of the issue, and, if found necessary, to develop appropriate provisions which may be considered in new treaties it may develop, or in amendments to existing treaties, when there will be a need for such provisions to be included so as to enable present and future regional economic integration organizations and their Member States to become parties to such treaties.
The resolution notes that the 2002 Protocol to the Athens Convention allows Regional Economic Integration Organizations and their sovereign Member States to become parties to the Protocol and recognizes that States may, in the future, establish or become Members to various forms of regional economic integration organizations to which they may opt to transfer competencies or functions governed by treaties and exercise these in a shared manner. The resolution requests IMO to carry out a study of the issue, and, if found necessary, to develop appropriate provisions which may be considered in new treaties it may develop, or in amendments to existing treaties, when there will be a need for such provisions to be included so as to enable present and future regional economic integration organizations and their Member States to become parties to such treaties.
Conference
Resolution 2 - Certificates of insurance or other financial security and ships
flying the flag of a State under the terms of a bareboat charter registration
The resolution addresses the fact that a number of States allow ships to fly their flag under the terms of bareboat charter, through which the bareboat charterer assumes all the duties and responsibilities of the owner for the operation of the ship whilst the ownership and encumbrances remain registered in another State which suspends the right of the ship to fly its flag. The resolution requests IMO to carry out a study of the issuing of certificates of insurance or financial security in these cases and, if found necessary, to develop appropriate guidelines.
The resolution addresses the fact that a number of States allow ships to fly their flag under the terms of bareboat charter, through which the bareboat charterer assumes all the duties and responsibilities of the owner for the operation of the ship whilst the ownership and encumbrances remain registered in another State which suspends the right of the ship to fly its flag. The resolution requests IMO to carry out a study of the issuing of certificates of insurance or financial security in these cases and, if found necessary, to develop appropriate guidelines.
Conference
Resolution 3 - Framework of Good Practice with respect to carriers' Liabilities
The resolution requests IMO to develop appropriate guidelines on the provision of insurance or financial security for compensation for claims for death of or personal injury to passengers which will establish an appropriate framework of good practice to ensure that all carriers take steps to maintain full insurance or financial security to meet their full level of liability provided for in the Protocol.
The resolution requests IMO to develop appropriate guidelines on the provision of insurance or financial security for compensation for claims for death of or personal injury to passengers which will establish an appropriate framework of good practice to ensure that all carriers take steps to maintain full insurance or financial security to meet their full level of liability provided for in the Protocol.
Xx
Convention on Limitation of Liability for Maritime Claims
(LLMC), 1976
Adoption:
19 November 1976
Entry into force: 1 December 1986
Entry into force: 1 December 1986
Introduction
The Convention replaces the International
Convention Relating to the Limitation of the Liability of Owners of Seagoing
Ships, which was signed in Brussels in 1957, and came into force in 1968.
Under the 1976 Convention, the limit of
liability for claims covered is raised considerably, in some cases up to
250-300 per cent. Limits are specified for two types of claims - claims for
loss of life or personal injury, and property claims (such as damage to other
ships, property or harbour works).
In the Convention, the limitation amounts
are expressed in terms of units of account. Each unit of account is equivalent
in value to the Special Drawing Right (SDR) as defined by the International
Monetary Fund (IMF), although States which are not members of the IMF and whose
law does not allow the use of SDR may continue to use the old gold franc
(referred to as "monetary unit" in the Convention).
The limits under the 1976 Convention were
set at 330,000 SDR (US$499,500) for personal claims for ships not exceeding 500
tons plus an additional amount based on tonnage:
- For each ton from 501 to 3,000 tons, 500 SDR (US$750)
- For each ton from 3,001 to 30,000 tons, 333 SDR (US$500)
- For each ton from 30,001 to 70,000 tons, 250 SDR (US$375)
- For each ton in excess of 70,000 tons, 167 SDR (US$251)
For other claims, the limit of liability
was fixed under the 1976 Convention at 167,000 SDR (US$250,500) for ships not
exceeding 500 tons. For larger ships the additional amounts were:
- For each ton from 501 to 30,000 tons, 167 (US$251)
- For each ton from 30,001 to 70,000 tons, 125 SDR (US$180)
- For each ton in excess of 70,000 tons, 83 SDR (US$125)
The Convention provides for a virtually
unbreakable system of limiting liability. It declares that a person will not be
able to limit liability only if "it is proved that the loss resulted from
his personal act or omission, committed with the intent to cause such a loss,
or recklessly and with knowledge that such loss would probably result".
Protocol
of 1996
Adoption:
3 May 1996
Entry
into force: 13 May 2004
Under the Protocol the amount of compensation payable in the event of an incident
being substantially increased and also introduces a "tacit
acceptance" procedure for updating these amounts.
Under the 1996 LLMC Protocol, the limit of
liability for claims for loss of life or personal injury for ships not
exceeding 2,000 gross tonnage is 2 million SDR (US$3 million*
). For larger ships, the following additional amounts are used in calculating
the limitation amount:
- For each ton from 2,001 to 30,000 tons, 800 SDR (US$1200)
- For each ton from 30,001 to 70,000 tons, 600 SDR (US$900)
- For each ton in excess of 70,000, 400 SDR (US$600).
Under the 1996 LLMC Protocol, the limit of
liability for property claims for ships not exceeding 2,000 gross tonnage is 1
million SDR (US$1.5 million). For larger ships, the following additional
amounts are used in calculating the limitation amount:
- For each ton from 2,001 to 30,000 tons, 400 SDR (US$600)
- For each ton from 30,001 to 70,000 tons, 300 SDR (US$450)
- For each ton in excess of 70,000, 200 SDR (US$300)
Xxx
International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage (FUND), 1971
Adoption:
18 December 1971
Entry into force: 16 October 1978
Entry into force: 16 October 1978
Note: The 1992 protocol replaces the
1971 Convention
For more information on the IOPC
Fund, please see http://www.iopcfund.org/
The Frequently Asked Questions on the
IOPC site give up-to-date information on how the Fund works.
Introduction and history
The Protocol of 1976
The Protocol of 1984
The Protocol of 1992
The 2000 Amendments (raising limits)
The 2003 Protocol (supplementary fund)
The IOPC funds and IMO
Special drawing rights
Winding up of 1971 fund
The Protocol of 1976
The Protocol of 1984
The Protocol of 1992
The 2000 Amendments (raising limits)
The 2003 Protocol (supplementary fund)
The IOPC funds and IMO
Special drawing rights
Winding up of 1971 fund
Introduction and history
Although the 1969 Civil Liability
Convention provided a useful mechanism for ensuring the payment of compensation
for oil pollution damage, it did not deal satisfactorily with all the legal,
financial and other questions raised during the Conference adopting the CLC
Convention.
Some States objected to the regime
established, since it was based on the strict liability of the shipowner for
damage which they could not foresee and, therefore, represented a dramatic
departure from traditional maritime law which based liability on fault. On the
other hand, some States felt that the limitation figures adopted were likely to
be inadequate in cases of oil pollution damage involving large tankers. They
therefore wanted an unlimited level of compensation or a very high limitation
figure.
In the light of these reservations, the
1969 Brussels Conference considered a compromise proposal to establish an
international fund, to be subscribed to by the cargo interests, which would be
available for the dual purpose of, on the one hand, relieving the shipowner of
the burden by the requirements of the new convention and, on the other hand,
providing additional compensation to the victims of pollution damage in cases
where compensation under the 1969 Civil Liability Convention was either
inadequate or unobtainable.
The Conference recommended that IMO should
prepare such a scheme. The Legal Committee accordingly prepared draft articles
and the International Convention on the Establishment of an International Fund
for Compensation for Oil Pollution Damage was adopted at a Conference held in
Brussels in 1971. It is supplementary to the 1969 Civil Liability Convention.
The purposes of the Fund Convention are:
· To provide compensation for pollution
damage to the extent that the protection afforded by the 1969 Civil Liability
Convention is inadequate.
· To give relief to shipowners in respect
of the additional financial burden imposed on them by the 1969 Civil Liability
Convention, such relief being subject to conditions designed to ensure
compliance with safety at sea and other conventions.
· To give effect to the related purposes
set out in the Convention.
Under the first of its purposes, the Fund
is under an obligation to pay compensation to States and persons who suffer
pollution damage, if such persons are unable to obtain compensation from the
owner of the ship from which the oil escaped or if the compensation due from
such owner is not sufficient to cover the damage suffered.
Under the Fund Convention, victims of oil
pollution damage may be compensated beyond the level of the shipowner's
liability. However, the Fund's obligations are limited so that the total
payable to victims by the shipowner and the Fund shall not exceed 30 million
SDR (about US$41 million) for any one. In effect, therefore, the Fund's maximum
liability for each incident is limited to 16 million SDR incident (under the
1971 convention - limits were raised under the 1992 Protocol).
Where, however, there is no shipowner
liable or the shipowner liable is unable to meet their liability, the Fund will
be required to pay the whole amount of compensation due. Under certain
circumstances, the Fund's maximum liability may increase to not more than 60
million SDR (about US$82 million) for each incident.
With the exception of a few cases, the Fund
is obliged to pay compensation to the victims of oil pollution damage who are
unable to obtain adequate or any compensation from the shipowner or his
guarantor under the 1969 Convention.
The Fund's obligation to pay compensation
is confined to pollution damage suffered in the territories including the
territorial sea of Contracting States. The Fund is also obliged to pay
compensation in respect of measures taken by a Contracting State outside its
territory.
The Fund can also provide assistance to
Contracting States which are threatened or affected by pollution and wish to
take measures against it. This may take the form of personnel, material, credit
facilities or other aid.
In connection with its second main
function, the Fund is obliged to indemnify the shipowner or his insurer for a
portion of the shipowner's liability under the Liability Convention. This
portion is equivalent to 100 SDR (about US$128) per ton or 8.3 million SDR
(about US$10.6 million), whichever is the lesser.
The Fund is not obliged to indemnify the
owner if damage is caused by his wilful misconduct or if the accident was
caused, even partially, because the ship did not comply with certain
international conventions.
The Convention contains provisions on the
procedure for claims, rights and obligations, and jurisdiction.
Contributions to the Fund should be made by
all persons who receive oil by sea in Contracting States. The Fund's
Organization consists of an Assembly of States, a Secretariat headed by a
director appointed by the Assembly; and an Executive Committee.
The
Protocol of 1976
Adoption:
19 November 1976
Entry
into force: 22 November 1994
The 1971 Fund Convention applied the same
unit of account as the 1969 Civil Liability Convention, i.e. the "Poincaré
franc". For similar reasons the Protocol provides for a unit of account,
based on the Special Drawing Right (SDR) as used by the International Monetary
Fund (IMF).
The
Protocol of 1984
Adoption:
25 May 1984
Entry
into force: 12 months after being accepted by at least
8 States whose combined total of contributing oil amounted to at least 600
million tons during the previous calendar year.
Status:
Superseded by the Protocol of 1992
The Protocol was primarily intended to
raise the limits of liability contained in the convention and thereby enable
greater compensation to be paid to victims of oil pollution incidents.
But as with the 1984 CLC Protocol, it
became clear that the Protocol would never secure the acceptances required for
entry into force and it has been superseded by the 1992 version
The Protocol of 1992
Adoption:
27 November 1992
Entry
into force: 30 May 1996
As was the case with the 1992 Protocol to
the CLC Convention, the main purpose of the Protocol was to modify the entry
into force requirements and increase compensation amounts. The scope of
coverage was extended in line with the 1992 CLC Protocol.
The 1992 Protocol established a separate,
1992 International Oil Pollution Compensation Fund, known as the 1992 Fund,
which is managed in London by a Secretariat, as with the 1971 Fund. In
practice, the Director of the 1971 Fund is currently also the Director of the
1992 Fund.
Under the 1992 Protocol, the maximum amount
of compensation payable from the Fund for a single incident, including the
limit established under the 1992 CLC Protocol, is 135 million SDR (about US$173
million). However, if three States contributing to the Fund receive more than
600 million tonnes of oil per annum, the maximum amount is raised to 200
million SDR (about US$256 million).
From 16 May 1998, Parties to the 1992
Protocol ceased to be Parties to the 1971 Fund Convention due to a mechanism
for compulsory denunciation of the "old" regime established in the
1992 Protocol.
However, for the time being, two Funds (the
1971 Fund and the 1992 Fund) are in operation, since there are some States
which have not yet acceded to the 1992 Protocol, which is intended to
completely replace the 1971 regimes.
IMO and the IOPC Fund Secretariat are
actively encouraging Governments who have not already done so to accede to the
1992 Protocols and to denounce the 1969 and 1971 regimes. Member States who
remain in the 1971 Fund will face financial disadvantages, since the financial
burden is spread over fewer contributors. For both the 1971 and 1992 Funds,
annual contributions are levied on the basis of anticipated payments of
compensation and estimated administrative expenses during the forthcoming year
The
2000 Amendments
Adoption:
18 October 2000
Entry
into force: 1 November 2003 (under tacit acceptance)
The amendments raise the maximum amount of
compensation payable from the IOPC Fund for a single incident, including the
limit established under the 2000 CLC amendments, to 203 million SDR (US$260
million), up from 135 million SDR (US$173 million). However, if three States
contributing to the Fund receive more than 600 million tonnes of oil per annum,
the maximum amount is raised to 300,740,000 SDR (US$386 million), up from 200
million SDR (US$256 million).
The
2003 Protocol (supplementary fund)
Adoption:
16 May 2003
Entry
into force: 3 March 2005
The 2003 Protocol establishing an
International Oil Pollution Compensation Supplementary Fund was adopted by a
diplomatic conference held at IMO Headquarters in London.
The aim of the established Fund is to
supplement the compensation available under the 1992 Civil Liability and Fund
Conventions with an additional, third tier of compensation. The Protocol is
optional and participation is open to all States Parties to the 1992 Fund
Convention.
The total amount of compensation payable
for any one incident will be limited to a combined total of 750 million Special
Drawing Rights (SDR) (just over US$1,000 million) including the amount of
compensation paid under the existing CLC/Fund Convention.
Application
of Protocol
The supplementary fund will apply to damage in the territory, including the territorial sea, of a Contracting State and in the exclusive economic zone of a Contracting State.
The supplementary fund will apply to damage in the territory, including the territorial sea, of a Contracting State and in the exclusive economic zone of a Contracting State.
Contributions
to the supplementary fund
Annual contributions to the Fund will be made in respect of each Contracting State by any person who, in any calendar year, has received total quantities of oil exceeding 150,000 tons. However, for the purposes of the Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil in each Contracting State.
Annual contributions to the Fund will be made in respect of each Contracting State by any person who, in any calendar year, has received total quantities of oil exceeding 150,000 tons. However, for the purposes of the Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil in each Contracting State.
Assessment
of annual contributions
The Assembly of the Supplementary Fund will assess the level of contributions based on estimates of expenditure (including administrative costs and payments to be made under the Fund as a result of claims) and income (including surplus funds from previous years, annual contributions and any other income).
The Assembly of the Supplementary Fund will assess the level of contributions based on estimates of expenditure (including administrative costs and payments to be made under the Fund as a result of claims) and income (including surplus funds from previous years, annual contributions and any other income).
Amendments
to the limits
Amendments to the compensation limits established under the Protocol can be adopted by a tacit acceptance procedure, so that an amendment adopted in the Legal Committee of IMO by a two-thirds majority of Contracting States present and voting, can enter into force 24 months after its adoption.
Amendments to the compensation limits established under the Protocol can be adopted by a tacit acceptance procedure, so that an amendment adopted in the Legal Committee of IMO by a two-thirds majority of Contracting States present and voting, can enter into force 24 months after its adoption.
Resolutions
adopted by the Conference
The Conference adopted three resolutions:
Conference
resolution 1: Financing of the International Conference to adopt a Protocol to
the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1992 -
acknowledges that the funding of the International Conference was made
available on the understanding that the amount paid to IMO for convening and
holding the Conference would be reimbursed, with interest, by the Supplementary
Fund to the 1992 Fund, and urges the Contracting States to the Protocol, when
it has entered into force, to ensure that the amount paid to IMO is reimbursed
by the Supplementary Fund, with interest, to the 1992 Fund.
Conference
resolution 2: Establishment of the International Supplementary Fund for
Compensation for Oil Pollution Damage - requests the
Assembly of the International Oil Pollution Compensation Fund, 1992 (1992
Fund), to authorise and instruct the Director of the 1992 Fund to take on
administrative and other functions relating to the setting up of the
supplementary Fund; recommends the two Funds to share a single Secretariat and
Director; and recommends meetings on 1992 Fund and supplementary Fund to be
held simultaneously and in the same place.
Conference
resolution 3: Review of the international compensation regime for oil pollution
damage for possible improvement - requests the
1992 Fund Assembly to consider enhancements that could be made to the 1992
Liability Convention and the 1992 Fund Convention; urges all Contracting States
to the Conventions to place a high priority on ongoing work towards a
comprehensive review of the Conventions; and requests IMO to take action as
necessary based on the outcome of the deliberations of the 1992 Fund Assembly.
The
IOPC funds and IMO
Although the 1971 and 1992 Funds were
established under Conventions adopted under the auspices of IMO, they are
completely independent legal entities.
Unlike IMO, the IOPC Funds are not United
Nations (UN) agencies and are not part of the UN system. They are
intergovernmental organisations outside the UN, but follow procedures which are
similar to those of the UN.
Only States can become Members of the IOPC
Funds. States should consider becoming Members of the 1992 Fund, but not of the
1971 Fund which will be wound up in the near future.
To become a member of the Fund, a State
must accede to the 1992 Civil Liability Convention and to the 1992 Fund
Convention by depositing a formal instrument of accession with the
Secretary-General of IMO. These Conventions should be incorporated into the
national law of the State concerned.
See the IOPC Funds website at http://www.iopcfund.org/
Special drawing rights
The daily conversion rates for Special Drawing
Rights (SDRs) can be found on the International Monetary Fund website at http://www.imf.org/
Winding
up of 1971 fund
Due to denunciations of the 1971 Fund
Convention, this Convention ceased to be in force on 24 May 2002.
Contracting Parties to the 1971
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage (IOPC Fund) on 27 September 2000 signed a
Protocol allowing for the early winding-up of the 1971 Fund, which was
established to provide compensation to victims of oil pollution from ships
carrying oil as cargo.
The 2000 Protocol was signed following a
Diplomatic Conference held from 25 to 27 September 2000.
From 16 May 1998, Members of the 1992 Fund
ceased to be Members of the 1971 Fund Convention due to a mechanism in the
Protocol which established the 1992 Fund allowing for compulsory denunciation
of the "old" regime. However, with the departure of these States, the
total quantity of contributing oil on the basis of which contributions to the
Fund are assessed has been dramatically reduced. The effect of this reduction
in the contributions base is two-fold.
In the first place, a considerably
increased financial burden will fall on the contributors in those States which
remain Members of the 1971 Fund if a major oil spill occurs in any of those
States, since the contributors will be legally responsible for the funding of
the total amount of compensation due from the 1971 Fund.
In addition, as long as the 1971 Fund
remains in existence, the concern remains that it will face a situation in
which an incident occurs where the 1971 Fund has an obligation to pay
compensation to victims, but where there are no contributors in any of the
remaining Member States.
In such a situation, if a tanker spill
should occur, the remaining 1971 Fund Member States would not have the
financial protection which they would expect under the provisions of the 1971
Fund Convention.
Under Article 43.1 of the 1971 Convention,
the 1971 Fund ceases to exist when the number of Contracting States falls below
three. In order to allow the Convention to terminate sooner, the Conference
agreed to amend Article 43.1 so that the Convention ceases to be in force:
(a) on the date when the number of Contracting
States falls below twenty-five; or
(b) twelve months following the date on
which the Assembly notes that, according to the information provided by the
Director on the basis of the latest available oil reports submitted by
Contracting States in accordance with article 15, the total quantity of
contributing oil received in the remaining Contracting States by those persons
who would be liable to contribute pursuant to article 10 of the Convention
during the preceding calendar year falls below 100 million tonnes, whichever is
the earlier.
The 2000 Protocol will be brought into
force by the tacit acceptance procedure, whereby it is deemed to have been
accepted six months from the date of its adoption unless objections are
received by not less than one-third of the Contracting States.
Xx
Convention relating to Civil Liability in the Field of
Maritime Carriage of Nuclear Material (NUCLEAR), 1971
Adoption:
17 December 1971
Entry into force: 15 July 1975
Entry into force: 15 July 1975
In 1971 IMO, in association with the
International Atomic Energy Agency (IAEA) and the European Nuclear Energy
Agency of the Organization for Economic Co‑operation and Development (OECD),
convened a Conference which adopted a Convention to regulate liability in
respect of damage arising from the maritime carriage of nuclear substances.
The purpose of this Convention is to
resolve difficulties and conflicts which arise from the simultaneous
application to nuclear damage of certain maritime conventions dealing with
shipowners' liability, as well as other conventions which place liability
arising from nuclear incidents on the operators of the nuclear installations
from which or to which the material in question was being transported.
The 1971 Convention provides that a person
otherwise liable for damage caused in a nuclear incident shall be exonerated
for liability if the operator of the nuclear installation is also liable for
such damage by virtue of the Paris Convention of 29 July 1960 on Third Party
Liability in the Field of Nuclear Energy; or the Vienna Convention of 21 May
1963 on Civil Liability for Nuclear Damage; or national law which is similar in
the scope of protection given to the persons who suffer damage.
Xx
International Convention on Civil Liability for Oil
Pollution Damage (CLC), 1969
Adoption:
29 November 1969
Entry into force: 19 June 1975
Entry into force: 19 June 1975
Note: The 1969 Convention is being replaced
by its 1992 Protocol as amended in 2000
Introduction
The Protocol of 1976
The Protocol of 1984
The Protocol of 1992
The 2000 Amendments
Special Drawing Rights Conversion Rates
The Protocol of 1976
The Protocol of 1984
The Protocol of 1992
The 2000 Amendments
Special Drawing Rights Conversion Rates
Introduction
The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships.
The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships.
The Convention places the liability for
such damage on the owner of the ship from which the polluting oil escaped or
was discharged.
Subject to a number of specific exceptions,
this liability is strict; it is the duty of the owner to prove in each case
that any of the exceptions should in fact operate. However, except where the
owner has been guilty of actual fault, they may limit liability in respect of
any one incident to 133 Special Drawing Rights (SDR) for each ton of the ship's
gross tonnage, with a maximum liability of 14 million SDR (around US$18
million) for each incident. (1 SDR is approximately US$1.28 - exchange rates
fluctuate daily).
The Convention requires ships covered by it
to maintain insurance or other financial security in sums equivalent to the
owner's total liability for one incident.
The Convention applies to all seagoing
vessels actually carrying oil in bulk as cargo, but only ships carrying more
than 2,000 tons of oil are required to maintain insurance in respect of oil
pollution damage.
This does not apply to warships or other
vessels owned or operated by a State and used for the time being for Government
non-commercial service. The Convention, however, applies in respect of the
liability and jurisdiction provisions, to ships owned by a State and used for
commercial purposes. The only exception as regards such ships is that they are
not required to carry insurance. Instead they must carry a certificate issued
by the appropriate authority of the State of their registry stating that the
ship's liability under the Convention is covered.
The Convention covers pollution damage
resulting from spills of persistent oils suffered in the territory (including
the territorial sea) of a State Party to the Convention. It is applicable to
ships which actually carry oil in bulk as cargo, i.e. generally laden tankers.
Spills from tankers in ballast or bunker spills from ships other than other
than tankers are not covered, nor is it possible to recover costs when
preventive measures are so successful that no actual spill occurs. The
shipowner cannot limit liability if the incident occurred as a result of the
owner's personal fault.
The
Protocol of 1976
Adoption:
9 November 1976
Entry into force: 8 April 1981
Entry into force: 8 April 1981
The 1969 Civil Liability Convention used
the "Poincaré franc", based on the "official" value of
gold, as the applicable unit of account. However, experience showed that the
conversion of this gold-franc into national currencies was becoming
increasingly difficult. The 1976 Protocol therefore provided for provides for a
new unit of account, based on the Special Drawing Rights (SDR) as used by the
International Monetary Fund (IMF). The exchange rate for currencies versus the
SDR fluctuates daily. However, in order to cater for those countries which are
not members of the IMF and whose laws do not permit the use of the SDR, the
Protocol provides for an alternate monetary unit - based, as before, on gold.
The
Protocol of 1984
Adoption: 25 May 1984
Adoption: 25 May 1984
Entry
into force: 12 months after being accepted by 10
States, including six with tanker fleets of at least 1 million gross tons.
Status:
Superseded by 1992 Protocol
While the compensation system established
by the 1969 CLC and 1971 Fund Convention had proved very useful, by the
mid-1980s it was generally agreed that the limits of liability were too low to
provide adequate compensation in the event of a major pollution incident.
The 1984 Protocol set increased limits of
liability, but it gradually became clear that the Protocol would never secure
the acceptance required for entry into force and it was superseded by the 1992
version.
A major factor in the 1984 Protocol not
entering into force was the reluctance of the United States, a major oil
importer, to accept the Protocol. The United States preferred a system of
unlimited liability, introduced in its Oil Pollution Act of 1990. As a result,
the 1992 Protocol was drawn up in such a way that the ratification of the
United States was not needed in order to secure entry into force conditions.
The
Protocol of 1992
Adoption: 27 November 1992
Entry into force: 30 May 1996
Adoption: 27 November 1992
Entry into force: 30 May 1996
The Protocol changed the entry into force
requirements by reducing from six to four the number of large tanker-owning
countries that are needed. The compensation limits are those originally agreed
in 1984:
- For a ship not exceeding 5,000 gross
tonnage, liability is limited to 3 million SDR (about US$3.8 million)
- For a ship 5,000 to 140,000 gross
tonnage: liability is limited to 3 million SDR plus 420 SDR (about US$538) for
each additional unit of tonnage
- For a ship over 140,000 gross tonnage:
liability is limited to 59.7 million SDR (about US$76.5 million)
The 1992 protocol also widened the scope of
the Convention to cover pollution damage caused in the exclusive economic zone
(EEZ) or equivalent area of a State Party. The Protocol covers pollution damage
as before but environmental damage compensation is limited to costs incurred
for reasonable measures to reinstate the contaminated environment. It also
allows expenses incurred for preventive measures to be recovered even when no
spill of oil occurs, provided there was grave and imminent threat of pollution
damage.
The Protocol also extended the Convention
to cover spills from sea-going vessels constructed or adapted to carry oil in
bulk as cargo so that it applies apply to both laden and unladen tankers,
including spills of bunker oil from such ships.
Under the 1992 Protocol, a shipowner cannot
limit liability if it is proved that the pollution damage resulted from the
shipowner's personal act or omission, committed with the intent to cause such
damage, or recklessly and with knowledge that such damage would probably
result.
From 16 May 1998, Parties to the 1992 Protocol
ceased to be Parties to the 1969 CLC due to a mechanism for compulsory
denunciation of the "old" regime established in the 1992 Protocol.
However, for the time being, the two regimes are co-existing, since there are a
number of States which are Party to the 1969 CLC and have not yet ratified the
1992 regime - which is intended to eventually replace the 1969 CLC.
The 1992 Protocol allows for States Party
to the 1992 Protocol to issue certificates to ships registered in States which
are not Party to the 1992 Protocol, so that a shipowner can obtain certificates
to both the 1969 and 1992 CLC, even when the ship is registered in a country
which has not yet ratified the 1992 Protocol. This is important because a ship
which has only a 1969 CLC may find it difficult to trade to a country which has
ratified the 1992 Protocol, since it establishes higher limits of liability.
The
2000 Amendments
Adoption: 18 October 2000
Entry into force: 1 November 2003 (under tacit acceptance)
Adoption: 18 October 2000
Entry into force: 1 November 2003 (under tacit acceptance)
The amendments raised the compensation
limits by 50 percent compared to the limits set in the 1992 Protocol, as
follows:
- For a ship not exceeding 5,000 gross
tonnage, liability is limited to 4.51 million SDR (US$5.78 million)
(Under the 1992 Protocol, the limit was 3
million SDR (US$3.8 million)
- For a ship 5,000 to 140,000 gross
tonnage: liability is limited to 4.51 million SDR (US$5.78 million) plus 631
SDR (US$807) for each additional gross tonne over 5,000
(Under the 1992 Protocol, the limit was 3
million SDR (US$3.8 million) plus 420 SDR (US$537.6) for each additional gross
tonne)
- For a ship over 140,000 gross tonnage:
liability is limited to 89.77 million SDR (US$115 million)
(Under the 1992 Protocol, the limit was
59.7 million SDR (US$76.5 million)
xx
Maritime Safety Conventions
|
The Convention is the first attempt to make standards of safety
for crews of fishing vessels mandatory. The revised Document for Guidance on
Training and Certification of Fishing Vessel Personnel produced jointly by
IMO and the Food and Agriculture Organization (FAO) and the International
Labour Organization (ILO) takes into account the provisions of the STCW-F
Convention.
|
|
The 1979 Convention, adopted at a Conference in Hamburg,
was aimed at developing an international SAR plan, so that, no matter where
an accident occurs, the rescue of persons in distress at sea will be
co-ordinated by a SAR organization and, when necessary, by co-operation
between neighbouring SAR organizations.
|
|
The 1978 STCW Convention was the first to establish basic
requirements on training, certification and watchkeeping for seafarers on an
international level. Previously the standards of training, certification and
watchkeeping of officers and ratings were established by individual
governments, usually without reference to practices in other countries. As a
result standards and procedures varied widely, even though shipping is the
most international of all industries.
|
|
The SOLAS Convention in its successive forms is generally
regarded as the most important of all international treaties concerning the
safety of merchant ships. The first version was adopted in 1914, in response
to the Titanic disaster, the second in 1929, the third in 1948 and the fourth
in 1960.
|
|
IMO recognised the potential for satellite communications
to assist in distress situations at sea soon after the launch of the world's
first telecommunications satellite, Telstar, in 1962.
|
|
In the 1960s, there was a rapid increase in the use of
freight containers for the consignment of goods by sea and the development of
specialized container ships. In 1967, IMO undertook to study the safety of
containerization in marine transport. The container itself emerged as the
most important aspect to be considered.
|
|
The 1972 Convention was designed to update and replace the
Collision Regulations of 1960 which were adopted at the same time as the 1960
SOLAS Convention.
|
Maritime Safety Conventions
|
The safety of fishing vessels had been a matter of concern
to IMO since the Organization came into existence, but the great differences
in design and operation between fishing vessels and other types of ships had
always proved a major obstacle to their inclusion in the Conventions on
Safety of Life at Sea (SOLAS) and Load Lines.
|
|
The carriage of large numbers of unberthed passengers in
special trades such as the pilgrim trade in a restricted sea area around the
Indian Ocean is of particular interest to countries in that area. It was
regulated by the Simla Rules of 1931, which became outdated following the
adoption of the 1948 and 1960 SOLAS Conventions.
|
|
International
Convention on Load Lines, 1966 - 21/7/1968
|
|
It has long been recognized that limitations on the
draught to which a ship may be loaded make a significant contribution to her
safety. These limits are given in the form of freeboards, which constitute,
besides external weathertight and watertight integrity, the main objective of
the Convention.
|
Xxx
Prevention of Marine Pollution Conventions
|
The International Convention on the Control of Harmful
Anti-fouling Systems on Ships was adopted in October 2001.
|
|
The Protocol on Preparedness, Response and Co-operation to
pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol)
follows the principles of the International Convention on Oil Pollution Preparedness,
Response and Co-operation, 1990 (OPRC) and was formally adopted by States
already Party to the OPRC Convention at a Diplomatic Conference held at IMO
headquarters in London in March 2000.
|
|
In July 1989, a conference of leading industrial nations
in Paris called upon IMO to develop further measures to prevent pollution
from ships. This call was endorsed by the IMO Assembly in November of the
same year and work began on a draft convention aimed at providing a global
framework for international co-operation in combating major incidents or
threats of marine pollution.
|
|
The MARPOL Convention is the main international convention
covering prevention of pollution of the marine environment by ships from
operational or accidental causes. It is a combination of two treaties adopted
in 1973 and 1978 respectively and updated by amendments through the years.
|
|
The Inter-Governmental Conference on the Convention on the
Dumping of Wastes at Sea, which met in London in November 1972 at the invitation
of the United Kingdom, adopted this instrument, generally known as the London
Convention.
|
|
The Convention affirms the right of a coastal State to
take such measures on the high seas as may be necessary to prevent, mitigate
or eliminate danger to its coastline or related interests from pollution by
oil or the threat thereof, following upon a maritime casualty. The 1973
Protocol extended the Convention to cover substances other than oil.
|
Xxx
Other IMO Conventions
|
International
Convention on Salvage, 1989 - 14/7/1996
|
|
The Convention replaced a convention on the law of salvage
adopted in Brussels in 1910 which incorporated the "'no cure, no
pay" principle under which a salvor is only rewarded for services if the
operation is successful.
|
|
The main purpose of the convention is to ensure that
appropriate action is taken against persons committing unlawful acts against
ships. These include the seizure of ships by force; acts of violence against
persons on board ships; and the placing of devices on board a ship which are
likely to destroy or damage it. The convention obliges Contracting
Governments either to extradite or prosecute alleged offenders.
|
|
The Convention, adopted by IMO in 1969, was the first
successful attempt to introduce a universal tonnage measurement system.
|
|
The Convention's main objectives are to prevent
unnecessary delays in maritime traffic, to aid co-operation between
Governments, and to secure the highest practicable degree of uniformity in
formalities and other procedures. In particular, the Convention reduces to
just eight the number of declarations which can be required by public authorities.
|
Xx
International Convention on Salvage, 1989
Adoption: 28 April 1989
Entry into force: 14 July 1996
Introduction
The Convention replaced a convention on the law of salvage adopted in Brussels in 1910 which incorporated the "'no cure, no pay" principle under which a salvor is only rewarded for services if the operation is successful.
Although this basic philosophy worked well in most cases, it did not take pollution into account. A salvor who prevented a major pollution incident (for example, by towing a damaged tanker away from an environmentally sensitive area) but did not manage to save the ship or the cargo got nothing. There was therefore little incentive to a salvor to undertake an operation which has only a slim chance of success.
The 1989 Convention seeks to remedy this deficiency by making provision for an enhanced salvage award taking into account the skill and efforts of the salvors in preventing or minimizing damage to the environment.
Special compensation
The 1989 Convention introduced a "special compensation" to be paid to salvors who have failed to earn a reward in the normal way (i.e. by salving the ship and cargo).
Damage to the environment is defined as "substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents."
The compensation consists of the salvor's expenses, plus up to 30% of these expenses if, thanks to the efforts of the salvor, environmental damage has been minimized or prevented. The salvor's expenses are defined as "out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used".
The tribunal or arbitrator assessing the reward may increase the amount of compensation to a maximum of 100% of the salvor's expenses, "if it deems it fair and just to do so".
If, on the other hand, the salvor is negligent and has consequently failed to prevent or minimize environmental damage, special compensation may be denied or reduced. Payment of the reward is to be made by the vessel and other property interests in proportion to their respective salved values.
Adoption: 28 April 1989
Entry into force: 14 July 1996
Introduction
The Convention replaced a convention on the law of salvage adopted in Brussels in 1910 which incorporated the "'no cure, no pay" principle under which a salvor is only rewarded for services if the operation is successful.
Although this basic philosophy worked well in most cases, it did not take pollution into account. A salvor who prevented a major pollution incident (for example, by towing a damaged tanker away from an environmentally sensitive area) but did not manage to save the ship or the cargo got nothing. There was therefore little incentive to a salvor to undertake an operation which has only a slim chance of success.
The 1989 Convention seeks to remedy this deficiency by making provision for an enhanced salvage award taking into account the skill and efforts of the salvors in preventing or minimizing damage to the environment.
Special compensation
The 1989 Convention introduced a "special compensation" to be paid to salvors who have failed to earn a reward in the normal way (i.e. by salving the ship and cargo).
Damage to the environment is defined as "substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents."
The compensation consists of the salvor's expenses, plus up to 30% of these expenses if, thanks to the efforts of the salvor, environmental damage has been minimized or prevented. The salvor's expenses are defined as "out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used".
The tribunal or arbitrator assessing the reward may increase the amount of compensation to a maximum of 100% of the salvor's expenses, "if it deems it fair and just to do so".
If, on the other hand, the salvor is negligent and has consequently failed to prevent or minimize environmental damage, special compensation may be denied or reduced. Payment of the reward is to be made by the vessel and other property interests in proportion to their respective salved values.
Xx
Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation, 1988
Adoption:
10 March 1988
Entry into force: 1 March 1992
Entry into force: 1 March 1992
Protocol
for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf, 1988
Adoption: 10 March 1988
Entry into force: 1 March 1992
The Protocol extends the requirements of the Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.
Introduction
Resolution A.584(14) Measures to prevent unlawful acts
MSC Circular Measures to prevent unlawful acts
Convention aims
Amendment procedure
2005 Protocols
Introduction
Concern about unlawful acts which threaten the safety of ships and the security of their passengers and crews grew during the 1980s, with reports of crews being kidnapped, ships being hi-jacked, deliberately run aground or blown up by explosives. Passengers were threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a proposal by the United States that measures to prevent such unlawful acts should be developed by IMO was supported.
Resolution A.584(14)
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew which notes "with great concern the danger to passengers and crews resulting from the increasing number of incidents involving piracy, armed robbery and other unlawful acts against or on board ships, including small craft, both at anchor and under way."
The IMO Assembly directed the Maritime Safety Committee to develop, on a priority basis, detailed and practical technical measures, including both shoreside and shipboard measures, to ensure the security of passengers and crews on board ships. The measures were to take into account the work of the International Civil Aviation Organization (ICAO) in the development of standards and recommended practices for airport and aircraft security.
In December 1985 further support came from the United Nations General Assembly which called upon IMO "to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures."
MSC Circular
The MSC in 1986 issued a Circular (MSC/Circ.443) on Measures to prevent unlawful acts against passengers and crews on board ships - which states that Governments, port authorities, administrations, shipowners, shipmasters and crews should take appropriate measures to prevent unlawful acts which may threaten passengers and crews. The Circular gives guidelines on measures that can be taken - with application to passenger ships engaged on international voyages of 24 hours or more and port facilities which service them.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a convention on the subject of unlawful acts against the safety of maritime navigation 'to provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole."
Convention aims
The proposal was supported, and in March 1988 a conference was held in Rome which adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships. These include the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
Amendment procedure
IMO may convene a conference of States parties to the Convention for the purpose of revising or amending the convention, at the request of one third or ten States Parties, whichever is the highest.
Adoption: 10 March 1988
Entry into force: 1 March 1992
The Protocol extends the requirements of the Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.
Introduction
Resolution A.584(14) Measures to prevent unlawful acts
MSC Circular Measures to prevent unlawful acts
Convention aims
Amendment procedure
2005 Protocols
Introduction
Concern about unlawful acts which threaten the safety of ships and the security of their passengers and crews grew during the 1980s, with reports of crews being kidnapped, ships being hi-jacked, deliberately run aground or blown up by explosives. Passengers were threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a proposal by the United States that measures to prevent such unlawful acts should be developed by IMO was supported.
Resolution A.584(14)
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew which notes "with great concern the danger to passengers and crews resulting from the increasing number of incidents involving piracy, armed robbery and other unlawful acts against or on board ships, including small craft, both at anchor and under way."
The IMO Assembly directed the Maritime Safety Committee to develop, on a priority basis, detailed and practical technical measures, including both shoreside and shipboard measures, to ensure the security of passengers and crews on board ships. The measures were to take into account the work of the International Civil Aviation Organization (ICAO) in the development of standards and recommended practices for airport and aircraft security.
In December 1985 further support came from the United Nations General Assembly which called upon IMO "to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures."
MSC Circular
The MSC in 1986 issued a Circular (MSC/Circ.443) on Measures to prevent unlawful acts against passengers and crews on board ships - which states that Governments, port authorities, administrations, shipowners, shipmasters and crews should take appropriate measures to prevent unlawful acts which may threaten passengers and crews. The Circular gives guidelines on measures that can be taken - with application to passenger ships engaged on international voyages of 24 hours or more and port facilities which service them.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a convention on the subject of unlawful acts against the safety of maritime navigation 'to provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole."
Convention aims
The proposal was supported, and in March 1988 a conference was held in Rome which adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships. These include the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
Amendment procedure
IMO may convene a conference of States parties to the Convention for the purpose of revising or amending the convention, at the request of one third or ten States Parties, whichever is the highest.
2005
Protocolsl
Adoption: 14 October 2005
Adoption: 14 October 2005
Entry
into force: The amended Convention for the Suppression
of Unlawful Acts Against the Safety of Maritime Navigation will enter into
force ninety days after the date on which twelve States have either signed it
without reservation as to ratification, acceptance or approval, or have
deposited an instrument of ratification, acceptance, approval or accession with
the Secretary-General.
The amended Protocol requires ratification
from three States which are also party to the SUA Convention but it cannot come
into force unless the 2005 SUA Convention is already in force.
Amendments to the Convention for the
Suppression of Unlawful Acts (SUA) Against the Safety of Maritime Navigation,
1988 and its related Protocol, were adopted by the Diplomatic Conference on the
Revision of the SUA Treaties held from 10 to 14 October 2005. The amendments
were adopted in the form of Protocols to the SUA treaties (the 2005 Protocols).
2005
Protocol to the SUA Convention
Among the unlawful acts covered by the SUA Convention in Article 3 are the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The 2005 Protocol to the SUA Convention adds a new Article 3bis which states that a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally:
Among the unlawful acts covered by the SUA Convention in Article 3 are the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The 2005 Protocol to the SUA Convention adds a new Article 3bis which states that a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally:
|
·
|
when the purpose of the act, by its
nature or context, is to intimidate a population, or to compel a Government or
an international organization to do or to abstain from any act:
|
|
|
|
-
|
uses against or on a ship or discharging
from a ship any explosive, radioactive material or BCN (biological, chemical,
nuclear) weapon in a manner that causes or is likely to cause death or
serious injury or damage;
|
|
|
-
|
discharges, from a ship, oil, liquefied
natural gas, or other hazardous or noxious substance, in such quantity or
concentration that causes or is likely to cause death or serious injury or
damage;
|
|
|
-
|
uses a ship in a manner that causes death
or serious injury or damage;
|
|
·
|
transports on board a ship any explosive
or radioactive material, knowing that it is intended to be used to cause, or
in a threat to cause, death or serious injury or damage for the purpose of
intimidating a population, or compelling a Government or an international
organization to do or to abstain from doing any act;
|
|
|
·
|
transports on board a ship any BCN
weapon, knowing it to be a BCN weapon;
|
|
|
·
|
any source material, special fissionable
material, or equipment or material especially designed or prepared for the
processing, use or production of special fissionable material, knowing that
it is intended to be used in a nuclear explosive activity or in any other
nuclear activity not under safeguards pursuant to an IAEA comprehensive
safeguards agreement; and
|
|
|
·
|
transports on board a ship any equipment,
materials or software or related technology that significantly contributes to
the design, manufacture or delivery of a BCN weapon, with the intention that
it will be used for such purpose.
|
|
The transportation of nuclear material is
not considered an offence if such item or material is transported to or from
the territory of, or is otherwise transported under the control of, a State
Party to the Treaty on the Non Proliferation of Nuclear Weapons (Subject to
conditions).
Under the new instrument, a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence under the SUA Convention or an offence set forth in any treaty listed in the Annex. The Annex lists nine such treaties.
The new instrument also makes it an offence to unlawfully and intentionally injure or kill any person in connection with the commission of any of the offences in the Convention; to attempt to commit an offence; to participate as an accomplice; to organize or direct others to commit an offence; or to contribute to the commissioning of an offence.
A new Article requires Parties to take necessary measures to enable a legal entity (this could be a company or organization, for example) to be made liable and to face sanctions when a person responsible for management of control of that legal entity has, that capacity, committed an offence under the Convention.
Under the new instrument, a person commits an offence within the meaning of the Convention if that person unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence under the SUA Convention or an offence set forth in any treaty listed in the Annex. The Annex lists nine such treaties.
The new instrument also makes it an offence to unlawfully and intentionally injure or kill any person in connection with the commission of any of the offences in the Convention; to attempt to commit an offence; to participate as an accomplice; to organize or direct others to commit an offence; or to contribute to the commissioning of an offence.
A new Article requires Parties to take necessary measures to enable a legal entity (this could be a company or organization, for example) to be made liable and to face sanctions when a person responsible for management of control of that legal entity has, that capacity, committed an offence under the Convention.
Boarding
provisions
Article 8 of the SUA Convention covers the responsibilities and roles of the master of the ship, flag State and receiving State in delivering to the authorities of any State Party any person believed to have committed an offence under the Convention, including the furnishing of evidence pertaining to the alleged offence.
A new Article 8bis in the 2005 Protocol covers co-operation and procedures to be followed if a State Party desires to board a ship flying the flag of a State Party when the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship is, has been, or is about to be involved in, the commission of an offence under the Convention.
The authorization and co-operation of the flag State is required before such a boarding. A State Party may notify the IMO Secretary-General that it would allow authorization to board and search a ship flying its flag, its cargo and persons on board if there is no response from the flag State within four hours. A State Party can also notify that it authorizes a requesting Party to board and search the ship, its cargo and persons on board, and to question the persons on board to determine if an offence has been, or is about to be, committed.
The use of force is to be avoided except when necessary to ensure the safety of officials and persons on board, or where the officials are obstructed to the execution of authorized actions.
Article 8bis includes important safeguards when a State Party takes measures against a ship, including boarding. The safeguards include: not endangering the safety of life at sea; ensuring that all persons on board are treated in a manner which preserves human dignity and in keeping with human rights law; taking due account of safety and security of the ship and its cargo; ensuring that measures taken are environmentally sound; and taking reasonable efforts to avoid a ship being unduly detained or delayed.
Article 8 of the SUA Convention covers the responsibilities and roles of the master of the ship, flag State and receiving State in delivering to the authorities of any State Party any person believed to have committed an offence under the Convention, including the furnishing of evidence pertaining to the alleged offence.
A new Article 8bis in the 2005 Protocol covers co-operation and procedures to be followed if a State Party desires to board a ship flying the flag of a State Party when the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship is, has been, or is about to be involved in, the commission of an offence under the Convention.
The authorization and co-operation of the flag State is required before such a boarding. A State Party may notify the IMO Secretary-General that it would allow authorization to board and search a ship flying its flag, its cargo and persons on board if there is no response from the flag State within four hours. A State Party can also notify that it authorizes a requesting Party to board and search the ship, its cargo and persons on board, and to question the persons on board to determine if an offence has been, or is about to be, committed.
The use of force is to be avoided except when necessary to ensure the safety of officials and persons on board, or where the officials are obstructed to the execution of authorized actions.
Article 8bis includes important safeguards when a State Party takes measures against a ship, including boarding. The safeguards include: not endangering the safety of life at sea; ensuring that all persons on board are treated in a manner which preserves human dignity and in keeping with human rights law; taking due account of safety and security of the ship and its cargo; ensuring that measures taken are environmentally sound; and taking reasonable efforts to avoid a ship being unduly detained or delayed.
Extradition
Article 11 covers extradition procedures. A new Article 11bis states that none of the offences should be considered for the purposes of extradition as a political offence. New article 11ter states that the obligation to extradite or afford mutual legal assistance need not apply if the request for extradition is believed to have been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that person's position for any of these reasons.
Article 12 of the Convention requires States Parties to afford one another assistance in connection with criminal proceedings brought in respect of the offences. A new Article 12bis cover the conditions under which a person who is being detained or is serving a sentence in the territory of one State Party may be transferred to another State Party for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences.
Article 11 covers extradition procedures. A new Article 11bis states that none of the offences should be considered for the purposes of extradition as a political offence. New article 11ter states that the obligation to extradite or afford mutual legal assistance need not apply if the request for extradition is believed to have been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that person's position for any of these reasons.
Article 12 of the Convention requires States Parties to afford one another assistance in connection with criminal proceedings brought in respect of the offences. A new Article 12bis cover the conditions under which a person who is being detained or is serving a sentence in the territory of one State Party may be transferred to another State Party for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences.
Amendment
procedure
Amendments to the Articles in the Convention require acceptance by a requisite number of States. However, the Annex, which lists the treaties under which offences can be considered for the purpose of the SUA Convention, has a special amendment procedure.
The treaties listed are:
Amendments to the Articles in the Convention require acceptance by a requisite number of States. However, the Annex, which lists the treaties under which offences can be considered for the purpose of the SUA Convention, has a special amendment procedure.
The treaties listed are:
|
1
|
Convention for the Suppression of
Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970
|
|
2
|
Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23
September 1971
|
|
3
|
Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including
Diplomatic Agents, adopted by the General Assembly of the United Nations on
14 December 1973
|
|
4
|
International Convention against the
Taking of Hostages, adopted by the General Assembly of the United Nations on
17 December 1979
|
|
5
|
Convention on the Physical Protection of
Nuclear Material, done at Vienna on 26 October 1979
|
|
6
|
Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 24 February 1988
|
|
7
|
Protocol for the Suppression of Unlawful
Acts against the Safety of Fixed Platforms Located on the Continental Shelf,
done at Rome on 10 March 1988
|
|
8
|
International Convention for the
Suppression of Terrorist Bombings, adopted by the General Assembly of the
United Nations on 15 December 1997
|
|
9
|
International Convention for the
Suppression of the Financing of Terrorism, adopted by the General Assembly of
the United Nations on 9 December 1999
|
2005
Protocol to the 1988 SUA Protocol
The amendments to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf reflect those in the 2005 Protocol to the SUA Convention.
New article 2bis broadens the range of offences included in the Protocol. A person commits an offence if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act, uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or discharges from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity or concentration, that it causes or is likely to cause death or serious injury or damage; or threatens, with or without a condition, as is provided for under national law, to commit an offence.
New article 2ter includes the offences of unlawfully and intentionally injuring or killing any person in connection with the commission of any of the offences; attempting to commit an offence; participating as an accomplice; organizing or directing others to commit an offence.
The amendments to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf reflect those in the 2005 Protocol to the SUA Convention.
New article 2bis broadens the range of offences included in the Protocol. A person commits an offence if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act, uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or discharges from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity or concentration, that it causes or is likely to cause death or serious injury or damage; or threatens, with or without a condition, as is provided for under national law, to commit an offence.
New article 2ter includes the offences of unlawfully and intentionally injuring or killing any person in connection with the commission of any of the offences; attempting to commit an offence; participating as an accomplice; organizing or directing others to commit an offence.
Xxx
International Convention on Tonnage Measurement of Ships,
1969
Adoption: 23 June 1969
Entry into force: 18 July 1982
Introduction
Gross tons and net tons
Introduction
The Convention, adopted by IMO in 1969, was the first successful attempt to introduce a universal tonnage measurement system.
Previously, various systems were used to calculate the tonnage of merchant ships. Although all went back to the method devised by George Moorsom of the British Board of Trade in 1854, there were considerable differences between them and it was recognized that there was a great need for one single international system.
The Convention provides for gross and net tonnages, both of which are calculated independently.
The rules apply to all ships built on or after 18 July 1982 - the date of entry into force - while ships built before that date were allowed to retain their existing tonnage for 12 years after entry into force, or until 18 July 1994.
This phase-in period was intended to ensure that ships were given reasonable economic safeguards, since port and other dues are charged according to ship tonnage. At the same time, and as far as possible, the Convention was drafted to ensure that gross and net tonnages calculated under the new system did not differ too greatly from those calculated under previous methods.
Gross tons and net tons
The Convention meant a transition from the traditionally used terms gross register tons (grt) and net register tons (nrt) to gross tons (GT) and net tons (NT).
Gross tonnage forms the basis for manning regulations, safety rules and registration fees. Both gross and net tonnages are used to calculate port dues.
The gross tonnage is a function of the moulded volume of all enclosed spaces of the ship. The net tonnage is produced by a formula which is a function of the moulded volume of all cargo spaces of the ship. The net tonnage shall not be taken as less than 30 per cent of the gross tonnage.
Adoption: 23 June 1969
Entry into force: 18 July 1982
Introduction
Gross tons and net tons
Introduction
The Convention, adopted by IMO in 1969, was the first successful attempt to introduce a universal tonnage measurement system.
Previously, various systems were used to calculate the tonnage of merchant ships. Although all went back to the method devised by George Moorsom of the British Board of Trade in 1854, there were considerable differences between them and it was recognized that there was a great need for one single international system.
The Convention provides for gross and net tonnages, both of which are calculated independently.
The rules apply to all ships built on or after 18 July 1982 - the date of entry into force - while ships built before that date were allowed to retain their existing tonnage for 12 years after entry into force, or until 18 July 1994.
This phase-in period was intended to ensure that ships were given reasonable economic safeguards, since port and other dues are charged according to ship tonnage. At the same time, and as far as possible, the Convention was drafted to ensure that gross and net tonnages calculated under the new system did not differ too greatly from those calculated under previous methods.
Gross tons and net tons
The Convention meant a transition from the traditionally used terms gross register tons (grt) and net register tons (nrt) to gross tons (GT) and net tons (NT).
Gross tonnage forms the basis for manning regulations, safety rules and registration fees. Both gross and net tonnages are used to calculate port dues.
The gross tonnage is a function of the moulded volume of all enclosed spaces of the ship. The net tonnage is produced by a formula which is a function of the moulded volume of all cargo spaces of the ship. The net tonnage shall not be taken as less than 30 per cent of the gross tonnage.
Xxx
Convention on Facilitation of International Maritime
Traffic, 1965
Adoption:
9 April 1965
Entry into force: 5 March 1967
Introduction
FAL convention - objectives
Standards and recommended practices
FAL Forms
Amendment procedure
The 1973 amendments
The 1986 amendments
The 1987 amendments
The 1990 amendments
The 1992 amendments
The 1993 amendments
The 1996 amendments
The 1999 amendments
The 2002 amendments
The 2005 amendments
Introduction
Most human activities are regulated, either by precedent, convention or regulation. Most regulations are essential - but sometimes they come to be regarded not only as unnecessary but also as a significant burden on the activities they are supposed to control. Few activities have been more subject to over-regulation than international maritime transport.
This is partly because of the international nature of shipping: countries developed customs, immigration and other standards independently of each other and a ship visiting several countries during the course of a voyage could expect to be presented with numerous forms to fill in, often asking for exactly the same information but in a slightly different way.
As shipping and trade developed and grew in the early part of the twentieth century, so did the paperwork involved. By the 1950s it was being regarded not simply as an inconvenience but as a threat.
The actual number of separate documents required varied from port to port; yet the information on cargoes and persons carried that was sought was often identical. The number of copies required of some of these documents could often become excessive. To the variety of forms and the number of copies required could be added other burdens such as local language translations, consular visa requirements, variations in document size and paper stock used and the necessity for authentication by the shipmaster of the information submitted.
By the early 1960s the maritime nations had decided that the situation could not be allowed to deteriorate further. International action was called for and to achieve it Governments turned to IMO, which had held its first meeting in 1959.
In 1961 the 2nd IMO Assembly adopted resolution A.29 (II) which recommended that IMO take up the matter. An Expert Group was convened which recommended that an international convention be adopted to assist the facilitation of international maritime traffic.
In October 1963 the 3rd IMO Assembly adopted resolution A.63 (III) which approved the report of Expert Group and in particular recommended that a convention be drafted which would be considered for adoption at a conference to be held under IMO auspices in the spring of 1965. The conference duly took place and the Convention on Facilitation of International Maritime Traffic (FAL), 1965 was adopted on 9 April.
FAL convention - objectives
The Convention's main objectives are to prevent unnecessary delays in maritime traffic, to aid co-operation between Governments, and to secure the highest practicable degree of uniformity in formalities and other procedures. In particular, the Convention reduces to just eight the number of declarations which can be required by public authorities.
Standards and recommended practices
In its Annex, the Convention contains "Standards" and "Recommended Practices" on formalities, documentary requirements and procedures which should be applied on arrival, stay and departure to the ship itself, and to its crew, passengers, baggage and cargo.
The Convention defines standards as internationally-agreed measures which are "necessary and practicable in order to facilitate international maritime traffic" and recommended practices as measures the application of which is "desirable".
The Convention provides that any Contracting Government which finds it impracticable to comply with any international standard, or deems it necessary to adopt differing regulations, must inform the Secretary-General of IMO of the "differences" between its own practices and the standards in question. The same procedure applies to new or amended standards.
In the case of recommended practices, Contracting Governments are urged to adjust their laws accordingly but are only required to notify the Secretary-General when they have brought their own formalities, documentary requirements and procedures into full accord.
This flexible concept of standards and recommended practices, coupled with the other provisions, allows continuing progress to be made towards the formulation and adoption of uniform measures in the facilitation of international maritime traffic.
The IMO Standardized Forms (FAL 1-7)
Standard 2.1 lists the documents which public authorities can demand of a ship and recommends the maximum information and number of copies which should be required. IMO has developed Standardized Forms for seven of these documents. They are the:
· IMO General Declaration
· Cargo Declaration
· Ship's Stores Declaration
· Crew's Effects Declaration
· Crew List· Passenger List
· Dangerous Goods
Two other documents are required under the Universal Postal Convention and the International Health Regulations.
The general declaration, cargo declaration, crew list and passenger list constitute the maximum information necessary. The ship's stores declaration and crew's effects declaration incorporate the agreed essential minimum information requirements.
Amendment procedure
The 1965 Convention included the traditional amendment procedure whereby changes to the Convention had to be positively accepted by two-thirds of contracting Parties.
Minor amendments adopted in 1969 and 1977 entered into force in 1971 and 1978 respectively, but it was obvious that major improvements to the Convention would take a while to achieve the required acceptances.
As a result, Parties to the Convention in 1973 adopted amendments to introduce the "tacit acceptance" procedure, whereby amendments would be deemed accepted by a specified date unless a required number of Parties objected. The 1973 amendments entered into force on 2 June 1984 and subsequent amendments entered into force much more speedily.
Amendments are generally considered and adopted by IMO's Facilitation Committee, while Contracting Governments can also call a Conference of Parties to the Convention to adopt amendments.
The 1973 amendments
Adoption: November 1973
Entry into force: 2 June 1984
The 1973 amendments introduced the "tacit acceptance" procedure included in many other IMO conventions.
The 1986 amendments
Adoption: 7 March 1986
Entry into force: 1 October 1986
The new "tacit acceptance" procedure made it possible to update the Convention speedily and the 1986 amendments were designed primarily to reduce "red tape" and in particular to enable automatic data processing techniques to be used in shipping documentation.
The 1987 amendments
Adoption: September 1987
Entry into force: 1 January 1989
The amendments simplify the documentation required by ships including crew lists, and also facilitate the movement of ships engaged in disaster relief work and similar activities.
The 1990 amendments
Adoption: May 1990
Entry into force: 1 September 1991
The amendments revise several recommended practices and add others dealing with drug trafficking and the problems of the disabled and elderly. They encourage the establishment of national facilitation Committees and also cover stowaways and traffic flow arrangements.
The 1992 amendments
Adoption: 1 May 1992
Entry into force: 1 September 1993
The amendments concern the Annex to the Convention and deal with the following subjects:
· electronic data processing/electronic data interchange (EDP/EDI)
· private gift packages and trade samples
· consular formalities and fees
· submission of pre-import information
· clearance of specialized equipment
· falsified documents.
Entry into force: 5 March 1967
Introduction
FAL convention - objectives
Standards and recommended practices
FAL Forms
Amendment procedure
The 1973 amendments
The 1986 amendments
The 1987 amendments
The 1990 amendments
The 1992 amendments
The 1993 amendments
The 1996 amendments
The 1999 amendments
The 2002 amendments
The 2005 amendments
Introduction
Most human activities are regulated, either by precedent, convention or regulation. Most regulations are essential - but sometimes they come to be regarded not only as unnecessary but also as a significant burden on the activities they are supposed to control. Few activities have been more subject to over-regulation than international maritime transport.
This is partly because of the international nature of shipping: countries developed customs, immigration and other standards independently of each other and a ship visiting several countries during the course of a voyage could expect to be presented with numerous forms to fill in, often asking for exactly the same information but in a slightly different way.
As shipping and trade developed and grew in the early part of the twentieth century, so did the paperwork involved. By the 1950s it was being regarded not simply as an inconvenience but as a threat.
The actual number of separate documents required varied from port to port; yet the information on cargoes and persons carried that was sought was often identical. The number of copies required of some of these documents could often become excessive. To the variety of forms and the number of copies required could be added other burdens such as local language translations, consular visa requirements, variations in document size and paper stock used and the necessity for authentication by the shipmaster of the information submitted.
By the early 1960s the maritime nations had decided that the situation could not be allowed to deteriorate further. International action was called for and to achieve it Governments turned to IMO, which had held its first meeting in 1959.
In 1961 the 2nd IMO Assembly adopted resolution A.29 (II) which recommended that IMO take up the matter. An Expert Group was convened which recommended that an international convention be adopted to assist the facilitation of international maritime traffic.
In October 1963 the 3rd IMO Assembly adopted resolution A.63 (III) which approved the report of Expert Group and in particular recommended that a convention be drafted which would be considered for adoption at a conference to be held under IMO auspices in the spring of 1965. The conference duly took place and the Convention on Facilitation of International Maritime Traffic (FAL), 1965 was adopted on 9 April.
FAL convention - objectives
The Convention's main objectives are to prevent unnecessary delays in maritime traffic, to aid co-operation between Governments, and to secure the highest practicable degree of uniformity in formalities and other procedures. In particular, the Convention reduces to just eight the number of declarations which can be required by public authorities.
Standards and recommended practices
In its Annex, the Convention contains "Standards" and "Recommended Practices" on formalities, documentary requirements and procedures which should be applied on arrival, stay and departure to the ship itself, and to its crew, passengers, baggage and cargo.
The Convention defines standards as internationally-agreed measures which are "necessary and practicable in order to facilitate international maritime traffic" and recommended practices as measures the application of which is "desirable".
The Convention provides that any Contracting Government which finds it impracticable to comply with any international standard, or deems it necessary to adopt differing regulations, must inform the Secretary-General of IMO of the "differences" between its own practices and the standards in question. The same procedure applies to new or amended standards.
In the case of recommended practices, Contracting Governments are urged to adjust their laws accordingly but are only required to notify the Secretary-General when they have brought their own formalities, documentary requirements and procedures into full accord.
This flexible concept of standards and recommended practices, coupled with the other provisions, allows continuing progress to be made towards the formulation and adoption of uniform measures in the facilitation of international maritime traffic.
The IMO Standardized Forms (FAL 1-7)
Standard 2.1 lists the documents which public authorities can demand of a ship and recommends the maximum information and number of copies which should be required. IMO has developed Standardized Forms for seven of these documents. They are the:
· IMO General Declaration
· Cargo Declaration
· Ship's Stores Declaration
· Crew's Effects Declaration
· Crew List· Passenger List
· Dangerous Goods
Two other documents are required under the Universal Postal Convention and the International Health Regulations.
The general declaration, cargo declaration, crew list and passenger list constitute the maximum information necessary. The ship's stores declaration and crew's effects declaration incorporate the agreed essential minimum information requirements.
Amendment procedure
The 1965 Convention included the traditional amendment procedure whereby changes to the Convention had to be positively accepted by two-thirds of contracting Parties.
Minor amendments adopted in 1969 and 1977 entered into force in 1971 and 1978 respectively, but it was obvious that major improvements to the Convention would take a while to achieve the required acceptances.
As a result, Parties to the Convention in 1973 adopted amendments to introduce the "tacit acceptance" procedure, whereby amendments would be deemed accepted by a specified date unless a required number of Parties objected. The 1973 amendments entered into force on 2 June 1984 and subsequent amendments entered into force much more speedily.
Amendments are generally considered and adopted by IMO's Facilitation Committee, while Contracting Governments can also call a Conference of Parties to the Convention to adopt amendments.
The 1973 amendments
Adoption: November 1973
Entry into force: 2 June 1984
The 1973 amendments introduced the "tacit acceptance" procedure included in many other IMO conventions.
The 1986 amendments
Adoption: 7 March 1986
Entry into force: 1 October 1986
The new "tacit acceptance" procedure made it possible to update the Convention speedily and the 1986 amendments were designed primarily to reduce "red tape" and in particular to enable automatic data processing techniques to be used in shipping documentation.
The 1987 amendments
Adoption: September 1987
Entry into force: 1 January 1989
The amendments simplify the documentation required by ships including crew lists, and also facilitate the movement of ships engaged in disaster relief work and similar activities.
The 1990 amendments
Adoption: May 1990
Entry into force: 1 September 1991
The amendments revise several recommended practices and add others dealing with drug trafficking and the problems of the disabled and elderly. They encourage the establishment of national facilitation Committees and also cover stowaways and traffic flow arrangements.
The 1992 amendments
Adoption: 1 May 1992
Entry into force: 1 September 1993
The amendments concern the Annex to the Convention and deal with the following subjects:
· electronic data processing/electronic data interchange (EDP/EDI)
· private gift packages and trade samples
· consular formalities and fees
· submission of pre-import information
· clearance of specialized equipment
· falsified documents.
The annex was also restructured.
The 1993 amendments
Adoption: 29 April 1993
Entry into force: 1 September 1994
The amendments to the Annex to the Convention deal with unmanifested parcels and the handling of stowaways.
The 1996 amendments
Adoption: 1 January 1996
Entry into force: 1 May 1997
The amendments concern the passenger list, national facilitation committees, inadmissible persons, immigration pre-arrival clearance, pre-import information and cruise passengers.
The 1999 amendments
Adoption: 9 September 1999
Entry into force: 1 January 2001
The amendments relate to the combating of illicit drug trafficking; arrival, stay and departure of ships, passengers, crews and cargo; and the use of electronic data interchange (EDI) for ship clearance purposes.
The 1993 amendments
Adoption: 29 April 1993
Entry into force: 1 September 1994
The amendments to the Annex to the Convention deal with unmanifested parcels and the handling of stowaways.
The 1996 amendments
Adoption: 1 January 1996
Entry into force: 1 May 1997
The amendments concern the passenger list, national facilitation committees, inadmissible persons, immigration pre-arrival clearance, pre-import information and cruise passengers.
The 1999 amendments
Adoption: 9 September 1999
Entry into force: 1 January 2001
The amendments relate to the combating of illicit drug trafficking; arrival, stay and departure of ships, passengers, crews and cargo; and the use of electronic data interchange (EDI) for ship clearance purposes.
The
2002 amendments
Adoption: 10 January 2002
Entry into force: 1 May 2003
The amendments add new standards and recommended practices for dealing with stowaways. Another amendment relates to the Dangerous Goods Manifest (FAL Form 7), which becomes the basic document providing public authorities with the information regarding dangerous goods on board ships.
Adoption: 10 January 2002
Entry into force: 1 May 2003
The amendments add new standards and recommended practices for dealing with stowaways. Another amendment relates to the Dangerous Goods Manifest (FAL Form 7), which becomes the basic document providing public authorities with the information regarding dangerous goods on board ships.
The
2005 amendments
Adoption: 7 July 2005
Entry into force: 1 November 2006
Adoption: 7 July 2005
Entry into force: 1 November 2006
The amendments are intended to modernize
the Convention in order to enhance the facilitation of international maritime
traffic.
The amendments include the following:
- a Recommended Practice for public authorities to develop the necessary procedures in order to use pre-arrival and pre-departure information to facilitate the processing of information, and thus expedite release and clearance of cargo and persons;
- a Recommended Practice that all information should be submitted to a single point to avoid duplication;
- encouragement of electronic transmission of information; and
- the addition of references to the International Ship and Port Facility Security (ISPS) Code and SOLAS chapter XI-2 in the Standards and Recommended Practices which mention security measures; and
- amendments to the IMO Standardized FAL Forms (1 to 7).
Persons
rescued at sea
As amendments to the SOLAS and SAR
Conventions adopted in May 2004 (expected to enter into force on 1 July 2006),
relating to persons rescued at sea will place for the first time, obligations
on Contracting Governments to "co-ordinate and co-operate" in
progressing the matter so that assisted survivors are disembarked from the
assisting ship and delivered to a place of safety within a reasonable time; a
further amendment relates topersons rescued at sea, to be included in a standard
in Section 2 - Arrival, stay and departure of the ship, in section H Special measures of facilitation for ships
calling at ports in order to put ashore sick or injured crew members,
passengers, persons rescued at sea or other persons for emergency medical
treatment. The amendment will require public authorities to facilitate the
arrival and departure of ships engaged in the rescue of persons in distress at
sea in order to provide a place of safety for such persons.
Xx
International Convention on Standards of Training,
Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
Adoption: 7 July
1995
Entry into force: 12 months after being accepted by 15 States.
Status: see status of conventions
STCW-F - background
Document for Guidance on Training and Certification of Fishing Vessel Personnel
Entry into force: 12 months after being accepted by 15 States.
Status: see status of conventions
STCW-F - background
Document for Guidance on Training and Certification of Fishing Vessel Personnel
STCW-F - background
Because of the nature of the fishing industry it is extremely
difficult to develop regulations for other sections of the shipping industry,
which can be applied without modification to fishing vessels.
The Convention will apply to crews of seagoing fishing vessels generally of 24 metres in length and above.
It was originally intended that requirements for crews on fishing vessels should be developed as a Protocol to the main STCW Convention, but after careful consideration it was agreed that it would be better to adopt a completely separate Convention. The Convention is the first attempt to make standards of safety for crews of fishing vessels mandatory internationally.
The STCW-F Convention is comparatively short and consists of 15 Articles and an annex containing technical regulations.
Chapter I contains General Provisions and Chapter II deals with Certification of Skippers, Officers, Engineer Officers and Radio Operators.
The Convention will apply to crews of seagoing fishing vessels generally of 24 metres in length and above.
It was originally intended that requirements for crews on fishing vessels should be developed as a Protocol to the main STCW Convention, but after careful consideration it was agreed that it would be better to adopt a completely separate Convention. The Convention is the first attempt to make standards of safety for crews of fishing vessels mandatory internationally.
The STCW-F Convention is comparatively short and consists of 15 Articles and an annex containing technical regulations.
Chapter I contains General Provisions and Chapter II deals with Certification of Skippers, Officers, Engineer Officers and Radio Operators.
Document for Guidance
on Training and Certification of Fishing Vessel Personnel
S:\GLORIA\publications\f_listing_detail.aspS:\GLORIA\publications\f_listing_detail.aspPreviously,
efforts to improve the training, certification and watchkeeping standards of
fishing vessel personnel have been adopted as recommendations in Assembly
resolutions and the Document for Guidance on Fishermens' Training and
Certification produced jointly by IMO and the Food and Agriculture Organization
(FAO) and the International Labour
Organization (ILO).
The Document for Guidance took account of the conventions
and recommendations adopted by ILO and IMO and the wide practical experience of
FAO in the field of fishermen’s training and covered training and certification
of small-scale and industrial fishermen. In 1995 a joint working group, in
co-operation with FAO and ILO, reviewed the Document for Guidance with
particular reference to relevant resolutions of the STCW-F Convention.
The outcome was a revised document entitled Document for
Guidance on Training and Certification of Fishing Vessel Personnel, which was
approved by FAO, ILO and IMO in 2000 and published on behalf of the three
organizations by IMO in 2001.
Fishing
vessel safety code and voluntary guidelines
IMO has developed, in collaboration with the Food and Agriculture organization (FAO) and the International Labour Organization (ILO), a number of non-mandatory instruments. These include the FAO/ILO/IMO Document for Guidance on Fishermen's Training and Certification and the revised Code of Safety for Fishermen and Fishing Vessels, 2005, and the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005.
IMO has developed, in collaboration with the Food and Agriculture organization (FAO) and the International Labour Organization (ILO), a number of non-mandatory instruments. These include the FAO/ILO/IMO Document for Guidance on Fishermen's Training and Certification and the revised Code of Safety for Fishermen and Fishing Vessels, 2005, and the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005.
The revised Fishing Vessel Safety Code and
Voluntary Guidelines - originally developed and approved in the 1970s - have
been developed for use primarily by competent authorities, training
institutions, fishing vessel owners, fishermen's representative organizations
and non-governmental organizations having a recognized role in fishermen's
safety and health and training.
Part A of the Code provides guidance on the development of national codes and fishermen's education and training manuals and guidance on the safety and health of fishermen. Competent authorities will be encouraged to make use of the contents of the Code and the Voluntary Guidelines in the production of safety and health and training materials in an appropriate format to suit the particular needs of the fisheries of the country or region and in local languages.
Part A of the Code provides guidance on the development of national codes and fishermen's education and training manuals and guidance on the safety and health of fishermen. Competent authorities will be encouraged to make use of the contents of the Code and the Voluntary Guidelines in the production of safety and health and training materials in an appropriate format to suit the particular needs of the fisheries of the country or region and in local languages.
Xx
International Convention on Maritime Search and Rescue, 1979
Adoption: 27 April 1979
Entry into force: 22 June 1985
Introduction
Amendment Procedure
IMO search and rescue areas
Revision of SAR Convention
The 1998 amendments - Entry into force: 1 January 2000
Chapter 1 - Terms and Definitions
Chapter 2 - Organization and Co-ordination
Chapter 3 - Co-operation between States
Chapter 4 - Operating Procedures
Chapter 5 - Ship reporting systems
International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual
2004 amendments - persons in distress at sea
Introduction
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations.
Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no international system covering search and rescue operations. In some areas there was a well-established organization able to provide assistance promptly and efficiently, in others there was nothing at all.
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters.
Parties are encouraged to enter into SAR agreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other Parties.
The Convention then goes on to establish preparatory measures which should be taken, including the establishment of rescue co-ordination centres and subcentres. It 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 his duties.
Parties to the Convention are required to establish ship reporting systems, under which ships report their position to a coast radio station. This enables the interval between the loss of contact with a vessel and the initiation of search operations to be reduced. It also helps to permit the rapid determination of vessels which may be called upon to provide assistance including medical help when required.
Amendment Procedure
The SAR Convention allowed for amendments to the technical Annex to be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization. Amendments to the SAR Convention enter into force on a specified date unless objections are received from a required number of Parties.
IMO search and rescue areas
Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which they are responsible.
Provisional search and rescue plans for all of these areas were completed when plans for the Indian Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998.
Revision of SAR Convention
The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally important, many of the world's coastal States had not accepted the Convention and the obligations it imposed.
It was generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to problems with the SAR Convention itself and that these could best be overcome by amending the Convention.
At a meeting in October 1995 in Hamburg, Germany, it was agreed that there were a number of substantial concerns that needed to be taken into account, including:
- lessons learned from SAR operations;
- experiences of States which had implemented the Convention;
- questions and concerns posed especially by developing States which were not yet Party to the Convention;
- need to further harmonize the IMO and International Civil Aviation Organization (ICAO) SAR provisions;
- inconsistent use of Convention terminology and phraseology.
IMO's Sub-Committee on Radio-Communications and Search and Rescue (COMSAR) was requested to revise the technical Annex of the Convention. A draft text was prepared and was approved by the 68th session of the MSC in May 1997, and was then adopted by the 69th MSC session in May 1998.
The 1998 amendments
Adopted: 18 May 1998
Entry into force: 1 January 2000
The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.
The revised Annex includes five Chapters:
Chapter 1 - Terms and Definitions
This Chapter updates the original Chapter 1 of the same name.
Chapter 2 - Organization and Co-ordination
Replaces the 1979 Chapter 2 on Organization. The Chapter has been re-drafted to make the responsibilities of Governments clearer. It requires Parties, either individually or in co-operation with other States, to establish basic elements of a search and rescue service, to include:
- Legal framework
- Assignment of a responsible authority
- Organization of available resources
- Communication facilities
- Co-ordination and operational functions
- Processes to improve the service including planning, domestic and international co-operative relationships and training.
Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned. Parties then accept responsibility for providing search and rescue services for a specified area.
The Chapter also describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of English.
Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical services".
Chapter 3 - Co-operation between States
Replaces the original Chapter 3 on Co-operation.
Adoption: 27 April 1979
Entry into force: 22 June 1985
Introduction
Amendment Procedure
IMO search and rescue areas
Revision of SAR Convention
The 1998 amendments - Entry into force: 1 January 2000
Chapter 1 - Terms and Definitions
Chapter 2 - Organization and Co-ordination
Chapter 3 - Co-operation between States
Chapter 4 - Operating Procedures
Chapter 5 - Ship reporting systems
International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual
2004 amendments - persons in distress at sea
Introduction
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co-operation between neighbouring SAR organizations.
Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no international system covering search and rescue operations. In some areas there was a well-established organization able to provide assistance promptly and efficiently, in others there was nothing at all.
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR services in their coastal waters.
Parties are encouraged to enter into SAR agreements with neighbouring States involving the establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other Parties.
The Convention then goes on to establish preparatory measures which should be taken, including the establishment of rescue co-ordination centres and subcentres. It 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 his duties.
Parties to the Convention are required to establish ship reporting systems, under which ships report their position to a coast radio station. This enables the interval between the loss of contact with a vessel and the initiation of search operations to be reduced. It also helps to permit the rapid determination of vessels which may be called upon to provide assistance including medical help when required.
Amendment Procedure
The SAR Convention allowed for amendments to the technical Annex to be adopted by a Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all Contracting Parties, some of whom may not be members of the Organization. Amendments to the SAR Convention enter into force on a specified date unless objections are received from a required number of Parties.
IMO search and rescue areas
Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which they are responsible.
Provisional search and rescue plans for all of these areas were completed when plans for the Indian Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998.
Revision of SAR Convention
The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally important, many of the world's coastal States had not accepted the Convention and the obligations it imposed.
It was generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to problems with the SAR Convention itself and that these could best be overcome by amending the Convention.
At a meeting in October 1995 in Hamburg, Germany, it was agreed that there were a number of substantial concerns that needed to be taken into account, including:
- lessons learned from SAR operations;
- experiences of States which had implemented the Convention;
- questions and concerns posed especially by developing States which were not yet Party to the Convention;
- need to further harmonize the IMO and International Civil Aviation Organization (ICAO) SAR provisions;
- inconsistent use of Convention terminology and phraseology.
IMO's Sub-Committee on Radio-Communications and Search and Rescue (COMSAR) was requested to revise the technical Annex of the Convention. A draft text was prepared and was approved by the 68th session of the MSC in May 1997, and was then adopted by the 69th MSC session in May 1998.
The 1998 amendments
Adopted: 18 May 1998
Entry into force: 1 January 2000
The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.
The revised Annex includes five Chapters:
Chapter 1 - Terms and Definitions
This Chapter updates the original Chapter 1 of the same name.
Chapter 2 - Organization and Co-ordination
Replaces the 1979 Chapter 2 on Organization. The Chapter has been re-drafted to make the responsibilities of Governments clearer. It requires Parties, either individually or in co-operation with other States, to establish basic elements of a search and rescue service, to include:
- Legal framework
- Assignment of a responsible authority
- Organization of available resources
- Communication facilities
- Co-ordination and operational functions
- Processes to improve the service including planning, domestic and international co-operative relationships and training.
Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned. Parties then accept responsibility for providing search and rescue services for a specified area.
The Chapter also describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of English.
Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical services".
Chapter 3 - Co-operation between States
Replaces the original Chapter 3 on Co-operation.
Requires Parties to co-ordinate search and
rescue organizations, and, where necessary, search and rescue operations with
those of neighbouring States. The Chapter states that unless otherwise agreed
between the States concerned, a Party should authorize, subject to applicable
national laws, rules and regulations, immediate entry into or over its
territorial sea or territory for rescue units of other Parties solely for the
purpose of search and rescue.
Chapter 4 - Operating Procedures
Incorporates the previous Chapters 4 (Preparatory Measures) and 5 (Operating Procedures).
Chapter 4 - Operating Procedures
Incorporates the previous Chapters 4 (Preparatory Measures) and 5 (Operating Procedures).
The Chapter says that each RCC (Rescue
Co-ordination Centre) and RSC (Rescue Sub-Centre) should have up-to-date
information on search and rescue facilities and communications in the area and
should have detailed plans for conduct of search and rescue operations. Parties
- individually or in co-operation with others should be capable of receiving
distress alerts on a 24-hour basis. The regulations include procedures to be
followed during an emergency and state that search and rescue activities should
be co-ordinated on scene for the most effective results. The Chapter says that
"Search and rescue operations shall continue, when practicable, until all
reasonable hope of rescuing survivors has passed".
Chapter 5 - Ship reporting systems
Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
IAMSAR Manual
Concurrently with the revision of the SAR Convention, the IMO and the International Civil Aviation Organization (ICAO) jointly developed the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, published in three volumes covering Organization and Management; Mission Co-ordination; and Mobile Facilities.
The IAMSAR Manual revises and replaces the IMO Merchant Ship Search and Rescue Manual (MERSAR), first published in 1971, and the IMO Search and Rescue Manual (IMOSAR), first published in 1978.
The MERSAR Manual was the first step towards developing the 1979 SAR Convention and it provided guidance for those who, during emergencies at sea, may require assistance from others or who may be able to provide assistance themselves. In particular, it was designed to aid the master of any vessel who might be called upon to conduct SAR operations at sea for persons in distress. The manual was updated several times with the latest amendments being adopted in 1992 - they entered into force in 1993.
The second manual, the IMOSAR Manual, was adopted in l978. It was designed to help Governments to implement the SAR Convention and provided guidelines rather than requirements for a common maritime search and rescue policy, encouraging all coastal States to develop their organizations on similar lines and enabling adjacent States to co-operate and provide mutual assistance. It was also updated in 1992, with the amendments entering into force in 1993.
This manual was aligned as closely as possible with ICAO Search and Rescue Manual to ensure a common policy and to facilitate consultation of the two manuals for administrative or operational reasons. MERSAR was also aligned, where appropriate, with IMOSAR.
Chapter 5 - Ship reporting systems
Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
IAMSAR Manual
Concurrently with the revision of the SAR Convention, the IMO and the International Civil Aviation Organization (ICAO) jointly developed the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, published in three volumes covering Organization and Management; Mission Co-ordination; and Mobile Facilities.
The IAMSAR Manual revises and replaces the IMO Merchant Ship Search and Rescue Manual (MERSAR), first published in 1971, and the IMO Search and Rescue Manual (IMOSAR), first published in 1978.
The MERSAR Manual was the first step towards developing the 1979 SAR Convention and it provided guidance for those who, during emergencies at sea, may require assistance from others or who may be able to provide assistance themselves. In particular, it was designed to aid the master of any vessel who might be called upon to conduct SAR operations at sea for persons in distress. The manual was updated several times with the latest amendments being adopted in 1992 - they entered into force in 1993.
The second manual, the IMOSAR Manual, was adopted in l978. It was designed to help Governments to implement the SAR Convention and provided guidelines rather than requirements for a common maritime search and rescue policy, encouraging all coastal States to develop their organizations on similar lines and enabling adjacent States to co-operate and provide mutual assistance. It was also updated in 1992, with the amendments entering into force in 1993.
This manual was aligned as closely as possible with ICAO Search and Rescue Manual to ensure a common policy and to facilitate consultation of the two manuals for administrative or operational reasons. MERSAR was also aligned, where appropriate, with IMOSAR.
2004
amendments - persons in distress at sea
Adoption:
May 2004
Entry into force: 1 July 2006
Entry into force: 1 July 2006
The amendments to the Annex to the
Convention include:
- addition of a new paragraph in chapter 2 (Organization and co-ordination) relating to definition of persons in distress;
- new paragraphs in chapter 3 (Co-operation between States) relating to assistance to the master in delivering persons rescued at sea to a place of safety; and
- a new paragraph in chapter 4 (Operating procedures) relating to rescue co- ordination centres initiating the process of identifying the most appropriate places for disembarking persons found in distress at sea.
Xxx
Convention on the International Maritime Satellite
Organization, 1976
Adoption:
3 September 1976
Entry into force: 16 July 1979
IMSO link
History
New structure - IMSO created
Amendments to the Inmarsat Convention
The 1985 amendments - provision of services to aircraft
The 1989 amendments - provision of services to land-based vehicles
The 1994 amendments - name change to International Mobile Satellite Organization, abbreviated to Inmarsat
The April 1998 amendments - restructuring, creation of IMSO
Links
History
IMO recognised the potential for satellite communications to assist in distress situations at sea soon after the launch of the world's first telecommunications satellite, Telstar, in 1962.
In February 1966, IMO's Maritime Safety Committee (MSC) decided to study the operational requirements for a satellite communications system devoted to maritime purposes.
In 1973, IMO decided to convene a conference with the object of establishing a new maritime communications system based on satellite technology.
The Conference first met in 1975 and held three sessions, at the third of which, in 1976, the Convention on the International Maritime Satellite Organization was adopted, together with an Operating Agreement.
The Convention defines the purposes of Inmarsat as being to improve maritime communications, thereby assisting in improving distress and safety of life at sea communications, the efficiency and management of ships, maritime public correspondence services, and radiodetermination capabilities.
The Organization consists of an Assembly, composed of all Parties to the Inmarsat Convention; Council composed of 22 representatives of signatories; and a Directorate headed by a Director-General. An Annex to the Convention outlines procedures for the settlement of disputes.
The Operating Agreement set an initial capital ceiling for the Organization of US$ 200 million. Investment shares were determined on the basis of utilization of the Inmarsat space segment.Inmarsat, headquartered in London, began operations in 1982.
Inmarsat's obligation to provide maritime distress and safety services via satellite were enshrined within the 1988 amendments to SOLAS which introduced the Global Maritime Distress and Safety System (GMDSS). Ships sailing in specified sea areas are required to carry Inmarsat communications equipment for distress and safety calls and to receive navigational warnings. At present, the Inmarsat system is the only mobile-satellite system recognized by SOLAS Contracting Governments for use in the GMDSS.
top
top
New structure - IMSO created
In 1998, Inmarsat's Assembly of member Governments agreed to privatize Inmarsat from April 1999. The new structure comprises two entities:
· Inmarsat Ltd - a public limited company which forms the commercial arm of Inmarsat.
· International Mobile Satellite Organization (IMSO) - an intergovernmental body established to ensure that Inmarsat continues to meet its public service obligations, including obligations relating to the GMDSS. IMSO replaces Inmarsat as observer at IMO meetings. IMSO link
Amendments to the Inmarsat Convention
The Inmarsat Convention states Amendments should be considered and adopted by the Inmarsat Assembly and that amendments enter into force 120 days after two-thirds of States representing at least two-thirds of investment shares become Party to the amendments
top
top
The 1985 amendments
Adoption: 16 October 1985
Entry into force: 13 October 1989
The amendments enabled Inmarsat to provide services to aircraft as well as ships.
The 1989 amendments
Adoption: 19 January 1989 by Inmarsat Assembly
Entry into force: 26 June 1997
The amendments enabled Inmarsat to provide services to land-based vehicles as well as ships and aircraft.
The 1994 amendments
Adoption: 9 December 1994 by Inmarsat Assembly
Entry into force: 120 days after being accepted by two-thirds of Contracting Parties representing two-thirds of the total investment share.
Status: see status of conventions
One of the amendments changed the name of the Organization to the International Mobile Satellite Organization, abbreviated to Inmarsat. The change reflected changes since the Organization was formed and the extension of its services from the maritime sector to other modes of transport.
There were also changes to Article 13 on the composition of the Inmarsat Council.
top
top
The April 1998 amendments
Adoption: 24 April 1998 by Inmarsat Assembly
Entry into force: 120 days after being accepted by two-thirds of Contracting Parties representing two-thirds of the total investment share.
Status: see status of conventions.
Amendments to the Inmarsat Convention and Operating Agreement to permit the restructuring of Inmarsat.
Entry into force: 16 July 1979
IMSO link
History
New structure - IMSO created
Amendments to the Inmarsat Convention
The 1985 amendments - provision of services to aircraft
The 1989 amendments - provision of services to land-based vehicles
The 1994 amendments - name change to International Mobile Satellite Organization, abbreviated to Inmarsat
The April 1998 amendments - restructuring, creation of IMSO
Links
History
IMO recognised the potential for satellite communications to assist in distress situations at sea soon after the launch of the world's first telecommunications satellite, Telstar, in 1962.
In February 1966, IMO's Maritime Safety Committee (MSC) decided to study the operational requirements for a satellite communications system devoted to maritime purposes.
In 1973, IMO decided to convene a conference with the object of establishing a new maritime communications system based on satellite technology.
The Conference first met in 1975 and held three sessions, at the third of which, in 1976, the Convention on the International Maritime Satellite Organization was adopted, together with an Operating Agreement.
The Convention defines the purposes of Inmarsat as being to improve maritime communications, thereby assisting in improving distress and safety of life at sea communications, the efficiency and management of ships, maritime public correspondence services, and radiodetermination capabilities.
The Organization consists of an Assembly, composed of all Parties to the Inmarsat Convention; Council composed of 22 representatives of signatories; and a Directorate headed by a Director-General. An Annex to the Convention outlines procedures for the settlement of disputes.
The Operating Agreement set an initial capital ceiling for the Organization of US$ 200 million. Investment shares were determined on the basis of utilization of the Inmarsat space segment.Inmarsat, headquartered in London, began operations in 1982.
Inmarsat's obligation to provide maritime distress and safety services via satellite were enshrined within the 1988 amendments to SOLAS which introduced the Global Maritime Distress and Safety System (GMDSS). Ships sailing in specified sea areas are required to carry Inmarsat communications equipment for distress and safety calls and to receive navigational warnings. At present, the Inmarsat system is the only mobile-satellite system recognized by SOLAS Contracting Governments for use in the GMDSS.
top
top
New structure - IMSO created
In 1998, Inmarsat's Assembly of member Governments agreed to privatize Inmarsat from April 1999. The new structure comprises two entities:
· Inmarsat Ltd - a public limited company which forms the commercial arm of Inmarsat.
· International Mobile Satellite Organization (IMSO) - an intergovernmental body established to ensure that Inmarsat continues to meet its public service obligations, including obligations relating to the GMDSS. IMSO replaces Inmarsat as observer at IMO meetings. IMSO link
Amendments to the Inmarsat Convention
The Inmarsat Convention states Amendments should be considered and adopted by the Inmarsat Assembly and that amendments enter into force 120 days after two-thirds of States representing at least two-thirds of investment shares become Party to the amendments
top
top
The 1985 amendments
Adoption: 16 October 1985
Entry into force: 13 October 1989
The amendments enabled Inmarsat to provide services to aircraft as well as ships.
The 1989 amendments
Adoption: 19 January 1989 by Inmarsat Assembly
Entry into force: 26 June 1997
The amendments enabled Inmarsat to provide services to land-based vehicles as well as ships and aircraft.
The 1994 amendments
Adoption: 9 December 1994 by Inmarsat Assembly
Entry into force: 120 days after being accepted by two-thirds of Contracting Parties representing two-thirds of the total investment share.
Status: see status of conventions
One of the amendments changed the name of the Organization to the International Mobile Satellite Organization, abbreviated to Inmarsat. The change reflected changes since the Organization was formed and the extension of its services from the maritime sector to other modes of transport.
There were also changes to Article 13 on the composition of the Inmarsat Council.
top
top
The April 1998 amendments
Adoption: 24 April 1998 by Inmarsat Assembly
Entry into force: 120 days after being accepted by two-thirds of Contracting Parties representing two-thirds of the total investment share.
Status: see status of conventions.
Amendments to the Inmarsat Convention and Operating Agreement to permit the restructuring of Inmarsat.
Xx
International Convention for Safe Containers, 1972 (CSC)
Adoption: 2 December 1972
Entry into force: 6 September 1977
Entry into force: 6 September 1977
Introduction
Technical annexeshttp://imo6/administration4/html_download.asp?doc_id=673 - 2
Amendment procedure
The 1981 amendments - plating of containers
The 1983 amendments – examination scheme
The 1991 amendments – approval of modified containers
The 1993 amendments - CSC Approval plate
Technical annexeshttp://imo6/administration4/html_download.asp?doc_id=673 - 2
Amendment procedure
The 1981 amendments - plating of containers
The 1983 amendments – examination scheme
The 1991 amendments – approval of modified containers
The 1993 amendments - CSC Approval plate
Introduction
In the 1960s, there was a rapid increase in
the use of freight containers for the consignment of goods by sea and the
development of specialized container ships. In 1967, IMO undertook to study the
safety of containerization in marine transport. The container itself emerged as
the most important aspect to be considered.
IMO, in co‑operation with the Economic
Commission for Europe, developed a draft convention and in 1972 the finalized
Convention was adopted at a conference jointly convened by the United Nations
and IMO.
The 1972 Convention for Safe Containers has
two goals.
One is to maintain a high level of safety
of human life in the transport and handling of containers by providing
generally acceptable test procedures and related strength requirements.
The other is to facilitate the
international transport of containers by providing uniform international safety
regulations, equally applicable to all modes of surface transport. In this way,
proliferation of divergent national safety regulations can be avoided.
The requirements of the Convention apply to
the great majority of freight containers used internationally, except those
designed specially for carriage by air. As it was not intended that all
containers or reusable packing boxes should be affected, the scope of the
Convention is limited to containers of a prescribed minimum size having corner
fittings ‑ devices which permit handling, securing or stacking.
top
top
Technical annexes
top
top
Technical annexes
The Convention includes two Annexes:
Annex I includes Regulations for the
testing, inspection, approval and maintenance of containers
Annex II covers structural safety
requirements and tests, including details of test procedures.
Annex I sets out procedures whereby
containers used in international transport must be safety‑approved by an
Administration of a Contracting State or by an organization acting on its
behalf.
The Administration or its authorized
representative will authorize the manufacturer to affix to approved containers
a safety approval plate containing the relevant technical data.
The approval, evidenced by the safety
approval plate granted by one Contracting State, should be recognized by other
Contracting States. This principle of reciprocal acceptance of safety‑approved
containers is the cornerstone of the Convention; and once approved and plated
it is expected that containers will move in international transport with the
minimum of safety control formalities.
The subsequent maintenance of a
safety‑approved container is the responsibility of the owner, who is required
to have the container periodically examined.
The Convention specifically requires that
the container be subjected to various tests which represent a combination of
safety requirements of both the inland and maritime modes of transport.
Flexibility is incorporated in the
Convention by the provision of a simplified amendment procedures (tacit
amendment procedure) which makes it possible to speedily adapt the test
procedures to the requirements of international container traffic.
Amendment procedure
Amendments to the Annexes can be considered
by IMO at the request of a Contracting Party and adopted by a two-thirds
majority of those present and voting in the IMO Maritime Safety Committee.
Amendments enter into force on a date
determined by the MSC at the time of adoption unless by a specified date
one-fifth or five of the Contracting Parties (whichever is less) object.
As well as this tacit acceptance procedure,
amendments to any part of the Convention can be adopted by the IMO Assembly,
following consideration and adoption by the MSC. In this case, amendments enter
into force twelve months after being accepted by two-thirds of Contracting
parties.
The 1981 amendments
Adoption: 2 April 1981
The amendments provided transitional
arrangements for plating of containers (which had to be completed by 1 January
1985), and for the marking of the date of the container's next examination by 1
January 1987.
The 1983 amendments
Adoption: 13 June 1983
Entry into force: 1 January 1984 (tacit
acceptance)
The amendments extended the interval
between re‑examination to 30 months and allowed for a choice of container
re‑examination procedures between the original periodic examination scheme or a
new continuous examination programme.
The 1991 amendments
Adoption: 17 May 1991
Entry into force: 1 January 1993 (tacit
acceptance)
The amendments concerned Annexes I and II
of the Convention. They included the addition of a new Chapter V to Annex I
concerning regulations for the approval of modified containers.
The 1993 amendments
Adoption: 4 November 1993 (by IMO Assembly)
Entry into force: 12 months after being
accepted by two-thirds of Contracting Parties
Status: see status of conventions
The amendments concern the information
contained on the CSC Approval plate and also amend some of the test loads and
testing procedures required by the Convention.
Xx
The Torremolinos International Convention for the Safety of
Fishing Vessels, 1977
Adoption:
2 April 1977
Status: The Convention has been superseded by the 1993 Protocol- see status of conventions
The 1977 Convention
Revision of Convention
The 1993 Torremolinos Protocol
Chapter 1 - General Provisions
Chapter II - Construction, watertight integrity and equipment
Chapter III - Stability and associated seaworthiness
Chapter IV - Machinery and electrical installations and periodically unattended machinery spaces
Chapter V - Fire Protection, Fire Detection, Fire Extinction and Fire Fighting
Chapter VI - Protection of the crew
Chapter VII - Life-saving appliances and arrangements
Chapter VIII - Emergency procedures, musters and drills
Chapter IX - Radio communications
Chapter X - Shipborne navigational equipment and arrangements
Amendment Procedure
Regional standards
Fishing vessel safety code and voluntary guidelines
The 1977 Convention
The 1977 Convention, adopted at a conference held in Torremolinos, Spain, was the first-ever international Convention on the safety of fishing vessels.
The safety of fishing vessels had been a matter of concern to IMO since the Organization came into existence, but the great differences in design and operation between fishing vessels and other types of ships had always proved a major obstacle to their inclusion in the Conventions on Safety of Life at Sea (SOLAS) and Load Lines.
While other vessels load cargo in port, fishing vessels must sail empty and load their cargo at sea.
The 1977 Convention contained safety requirements for the construction and equipment of new, decked, seagoing fishing vessels of 24 metres in length and over, including those vessels also processing their catch. Existing vessels were covered only in respect of radio requirements.
The Convention contained stability requirements for fishing vessels as well as Chapters concerning construction, watertight integrity and equipment; machinery and electrical installations and unattended machinery spaces; fire protection, detection, extinction, and fire fighting; protection of the crew; life?saving appliances; emergency procedures, musters and drills; radiotelegraphy and radiotelephony; and shipborne navigational equipment.
Revision of Convention
In the 1980s, it became clear that the 1977 Torremolinos Convention was unlikely to enter into force, largely for technical reasons, and IMO decided to prepare a replacement in the form of a Protocol
The 1993 Torremolinos Protocol
Adoption: 2 April 1993
Entry into force: One year after 15 States with at least an aggregate fleet of 14,000 vessels of 24 metres in length and over, have ratified the Protocol.
Status: see status of conventions
The Protocol updates, amends and absorbs the parent Convention, taking into account technological evolution in the intervening years and the need to take a pragmatic approach to encourage ratification of the instrument.
The Protocol applies to fishing vessels of 24 metres in length and over including those vessels also processing their catch.
The Protocol takes into account the trend to exploit deep water fishing grounds on a large scale and to conduct fishing operations in distant waters, resulting in the building of a new generation of more sophisticated fishing vessels. To be successful in their operations, these vessels have to be fitted with advanced fishfinding and navigation equipment. Fishing vessels must also be equipped to carry out environment-friendly trawling, introduced to preserve fishing resources as well as the seabed.
The general trend in modern designed fishing vessels, if they are to be economically profitable, must include improvements in machinery and fishing gear, improvements in safety features as a whole and better working conditions for fishermen.
The safety provisions addressed by the Protocol, incorporating and amending the 1977 Convention, are included in an Annex consisting of ten Chapters. The provisions 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.
Chapter 1 - General Provisions
The regulations in the Annex apply to new vessels, built on or after date of entry into force of the Protocol.
Chapter II - Construction, watertight integrity and equipment
Includes technical specifications.
Chapter III - Stability and associated seaworthiness
Technical specifications including minimum stability criteria and regulations relating to specific operating conditions, severe wind and rolling, ice accretion and so on.
Chapter IV - Machinery and electrical installations and periodically unattended machinery spaces
Part A - General. States the Chapter applies to vessels 45 metres in length and over
Part B - Machinery Installations
Part C - Electrical Installations
Part D - Periodically unattended machinery spaces
Chapter V - Fire Protection, Fire Detection, Fire Extinction and Fire Fighting
Part A - General
Part B - Fire safety measures in vessels of 60 metres in length and over
Part C - Fire safety measures in vessels of 45 metres in length and over but less than 60 metres in length
Chapter VI - Protection of the crew
Includes technical specification relating to deck openings, bulwarks, rails and guards, stairways and ladders.
Chapter VII - Life-saving appliances and arrangements
Part A - General. States the Chapter applies to new vessels of 45 metres in length and over unless otherwise stated. Regulations 13 and 14 relating to radio life-saving appliances and radar transponders also apply to existing vessels of 45 metres in length and over from the date of entry into force of the Protocol.
Part B - Vessel requirements. Including number and type of survival and rescue boats, provision of lifejackets and so on.
Part C - Life-saving appliances requirements. Includes specifications for these appliances
Chapter VIII - Emergency procedures, musters and drills
Applies to new and existing vessels of 24 metres in length and over. Covers emergency alarm system, muster list and emergency instructions, and abandon ship training and drills.
Chapter IX - Radio communications
The Chapter includes requirements for vessels to be equipped for the Global Maritime Distress and Safety System (GMDSS) and the Chapter mirrors regulations contained in the International Convention for the Safety of Life at Sea (SOLAS), 1974, Chapter IV.
Part A - Application and definitions. Applies to new and existing vessels of 45 metres in length and over.
Part B - Ship requirements. Includes requirements for radio installations on all vessels and on those sailing in specified sea areas.
Chapter X - Shipborne navigational equipment and arrangements
The Chapter applies to new and existing vessels and includes requirements for carriage of navigational equipment for vessels 24 metres in length and over, vessels of less than 24 metres in length and vessels of 45 metres in length and over.
Amendment Procedure
The Protocol (Article 11) allows for amendments to be adopted either by the Maritime Safety Committee of IMO or by a Conference of Parties to the Protocol.
Amendments enter into force on a specified date unless a required number of objections are received.
Regional standards
The Protocol applies to vessels over 24 metres in length, but certain Chapters are applicable to vessels of 45 metres in length and over.The Protocol, however, allows for Administrations to determine which particular regulations of these Chapters should apply to vessels of between 24 metres and 45 metres in length (Article 3 (4)).
To ensure uniform standards, the Protocol encourages Administrations to establish uniform regional standards to apply to fishing vessels operating in the same region, taking into account mode of operation, sheltered nature and climatic conditions in that region (Article 3 (5)).Regional agreements in operation include:
Guidelines for the safety of fishing vessels of 24 m and over but less than 45 m in length operating in the East and South-East Asia region, adopted at a Conference in Tokyo in February 1997
European regional agreement applicable from 1 January 1999. The European legislation introducing a harmonised safety regime for fishing vessels of 24 metres in length and over was adopted in December 1997 and is entirely based upon the 1993 Torremolinos Protocol.
Fishing vessel safety code and voluntary guidelines
IMO has developed, in collaboration with the Food and Agriculture organization (FAO) and the International Labour Organization (ILO), a number of non-mandatory instruments. These include the FAO/ILO/IMO Document for Guidance on Fishermen's Training and Certification and the revised Code of Safety for Fishermen and Fishing Vessels, 2005, and the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005.
Status: The Convention has been superseded by the 1993 Protocol- see status of conventions
The 1977 Convention
Revision of Convention
The 1993 Torremolinos Protocol
Chapter 1 - General Provisions
Chapter II - Construction, watertight integrity and equipment
Chapter III - Stability and associated seaworthiness
Chapter IV - Machinery and electrical installations and periodically unattended machinery spaces
Chapter V - Fire Protection, Fire Detection, Fire Extinction and Fire Fighting
Chapter VI - Protection of the crew
Chapter VII - Life-saving appliances and arrangements
Chapter VIII - Emergency procedures, musters and drills
Chapter IX - Radio communications
Chapter X - Shipborne navigational equipment and arrangements
Amendment Procedure
Regional standards
Fishing vessel safety code and voluntary guidelines
The 1977 Convention
The 1977 Convention, adopted at a conference held in Torremolinos, Spain, was the first-ever international Convention on the safety of fishing vessels.
The safety of fishing vessels had been a matter of concern to IMO since the Organization came into existence, but the great differences in design and operation between fishing vessels and other types of ships had always proved a major obstacle to their inclusion in the Conventions on Safety of Life at Sea (SOLAS) and Load Lines.
While other vessels load cargo in port, fishing vessels must sail empty and load their cargo at sea.
The 1977 Convention contained safety requirements for the construction and equipment of new, decked, seagoing fishing vessels of 24 metres in length and over, including those vessels also processing their catch. Existing vessels were covered only in respect of radio requirements.
The Convention contained stability requirements for fishing vessels as well as Chapters concerning construction, watertight integrity and equipment; machinery and electrical installations and unattended machinery spaces; fire protection, detection, extinction, and fire fighting; protection of the crew; life?saving appliances; emergency procedures, musters and drills; radiotelegraphy and radiotelephony; and shipborne navigational equipment.
Revision of Convention
In the 1980s, it became clear that the 1977 Torremolinos Convention was unlikely to enter into force, largely for technical reasons, and IMO decided to prepare a replacement in the form of a Protocol
The 1993 Torremolinos Protocol
Adoption: 2 April 1993
Entry into force: One year after 15 States with at least an aggregate fleet of 14,000 vessels of 24 metres in length and over, have ratified the Protocol.
Status: see status of conventions
The Protocol updates, amends and absorbs the parent Convention, taking into account technological evolution in the intervening years and the need to take a pragmatic approach to encourage ratification of the instrument.
The Protocol applies to fishing vessels of 24 metres in length and over including those vessels also processing their catch.
The Protocol takes into account the trend to exploit deep water fishing grounds on a large scale and to conduct fishing operations in distant waters, resulting in the building of a new generation of more sophisticated fishing vessels. To be successful in their operations, these vessels have to be fitted with advanced fishfinding and navigation equipment. Fishing vessels must also be equipped to carry out environment-friendly trawling, introduced to preserve fishing resources as well as the seabed.
The general trend in modern designed fishing vessels, if they are to be economically profitable, must include improvements in machinery and fishing gear, improvements in safety features as a whole and better working conditions for fishermen.
The safety provisions addressed by the Protocol, incorporating and amending the 1977 Convention, are included in an Annex consisting of ten Chapters. The provisions 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.
Chapter 1 - General Provisions
The regulations in the Annex apply to new vessels, built on or after date of entry into force of the Protocol.
Chapter II - Construction, watertight integrity and equipment
Includes technical specifications.
Chapter III - Stability and associated seaworthiness
Technical specifications including minimum stability criteria and regulations relating to specific operating conditions, severe wind and rolling, ice accretion and so on.
Chapter IV - Machinery and electrical installations and periodically unattended machinery spaces
Part A - General. States the Chapter applies to vessels 45 metres in length and over
Part B - Machinery Installations
Part C - Electrical Installations
Part D - Periodically unattended machinery spaces
Chapter V - Fire Protection, Fire Detection, Fire Extinction and Fire Fighting
Part A - General
Part B - Fire safety measures in vessels of 60 metres in length and over
Part C - Fire safety measures in vessels of 45 metres in length and over but less than 60 metres in length
Chapter VI - Protection of the crew
Includes technical specification relating to deck openings, bulwarks, rails and guards, stairways and ladders.
Chapter VII - Life-saving appliances and arrangements
Part A - General. States the Chapter applies to new vessels of 45 metres in length and over unless otherwise stated. Regulations 13 and 14 relating to radio life-saving appliances and radar transponders also apply to existing vessels of 45 metres in length and over from the date of entry into force of the Protocol.
Part B - Vessel requirements. Including number and type of survival and rescue boats, provision of lifejackets and so on.
Part C - Life-saving appliances requirements. Includes specifications for these appliances
Chapter VIII - Emergency procedures, musters and drills
Applies to new and existing vessels of 24 metres in length and over. Covers emergency alarm system, muster list and emergency instructions, and abandon ship training and drills.
Chapter IX - Radio communications
The Chapter includes requirements for vessels to be equipped for the Global Maritime Distress and Safety System (GMDSS) and the Chapter mirrors regulations contained in the International Convention for the Safety of Life at Sea (SOLAS), 1974, Chapter IV.
Part A - Application and definitions. Applies to new and existing vessels of 45 metres in length and over.
Part B - Ship requirements. Includes requirements for radio installations on all vessels and on those sailing in specified sea areas.
Chapter X - Shipborne navigational equipment and arrangements
The Chapter applies to new and existing vessels and includes requirements for carriage of navigational equipment for vessels 24 metres in length and over, vessels of less than 24 metres in length and vessels of 45 metres in length and over.
Amendment Procedure
The Protocol (Article 11) allows for amendments to be adopted either by the Maritime Safety Committee of IMO or by a Conference of Parties to the Protocol.
Amendments enter into force on a specified date unless a required number of objections are received.
Regional standards
The Protocol applies to vessels over 24 metres in length, but certain Chapters are applicable to vessels of 45 metres in length and over.The Protocol, however, allows for Administrations to determine which particular regulations of these Chapters should apply to vessels of between 24 metres and 45 metres in length (Article 3 (4)).
To ensure uniform standards, the Protocol encourages Administrations to establish uniform regional standards to apply to fishing vessels operating in the same region, taking into account mode of operation, sheltered nature and climatic conditions in that region (Article 3 (5)).Regional agreements in operation include:
Guidelines for the safety of fishing vessels of 24 m and over but less than 45 m in length operating in the East and South-East Asia region, adopted at a Conference in Tokyo in February 1997
European regional agreement applicable from 1 January 1999. The European legislation introducing a harmonised safety regime for fishing vessels of 24 metres in length and over was adopted in December 1997 and is entirely based upon the 1993 Torremolinos Protocol.
Fishing vessel safety code and voluntary guidelines
IMO has developed, in collaboration with the Food and Agriculture organization (FAO) and the International Labour Organization (ILO), a number of non-mandatory instruments. These include the FAO/ILO/IMO Document for Guidance on Fishermen's Training and Certification and the revised Code of Safety for Fishermen and Fishing Vessels, 2005, and the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005.
The revised Fishing Vessel Safety Code and
Voluntary Guidelines - originally developed and approved in the 1970s - have
been developed for use primarily by competent authorities, training
institutions, fishing vessel owners, fishermen's representative organizations
and non-governmental organizations having a recognized role in fishermen's
safety and health and training.
Part A of the Code provides guidance on the development of national codes and fishermen's education and training manuals and guidance on the safety and health of fishermen. Competent authorities will be encouraged to make use of the contents of the Code and the Voluntary Guidelines in the production of safety and health and training materials in an appropriate format to suit the particular needs of the fisheries of the country or region and in local languages.
Part A of the Code provides guidance on the development of national codes and fishermen's education and training manuals and guidance on the safety and health of fishermen. Competent authorities will be encouraged to make use of the contents of the Code and the Voluntary Guidelines in the production of safety and health and training materials in an appropriate format to suit the particular needs of the fisheries of the country or region and in local languages.
Xx
Special Trade Passenger Ships Agreement, 1971& Protocol
on Space Requirements for Special Trade Passenger Ships, 1973
Special
Trade Passenger Ships Agreement, 1971
Adoption: 6 October 1971
Entry into force: 2 January 1974
The carriage of large numbers of unberthed passengers in special trades such as the pilgrim trade in a restricted sea area around the Indian Ocean ? is of particular interest to countries in that area. It was regulated by the Simla Rules of 1931, which became outdated following the adoption of the 1948 and 1960 SOLAS Conventions.
As a result, IMO convened an International Conference in 1971 to consider safety requirements for special trade passenger ships in relation to the 1960 SOLAS Convention.
Included in an Annex to the Agreement are Special Trade Passenger Ships Rules, 1971, which provide modifications to the regulations of Chapters II and III of the 1960 SOLAS Convention.
Adoption: 6 October 1971
Entry into force: 2 January 1974
The carriage of large numbers of unberthed passengers in special trades such as the pilgrim trade in a restricted sea area around the Indian Ocean ? is of particular interest to countries in that area. It was regulated by the Simla Rules of 1931, which became outdated following the adoption of the 1948 and 1960 SOLAS Conventions.
As a result, IMO convened an International Conference in 1971 to consider safety requirements for special trade passenger ships in relation to the 1960 SOLAS Convention.
Included in an Annex to the Agreement are Special Trade Passenger Ships Rules, 1971, which provide modifications to the regulations of Chapters II and III of the 1960 SOLAS Convention.
Protocol on Space Requirements for Special Trade Passenger Ships, 1973
Adoption: 13 July 1973
Entry into force: 2 June 1977
Following the International Conference on Special Trade Passenger Ships, 1971, IMO, in co?operation with other Organizations, particularly the World Health Organisation (WHO), developed technical rules covering the safety aspects of carrying passengers on board such ships.
The Protocol on Space Requirements for Special Trade Passenger Ships was adopted in 1973. Annexed to this Protocol are technical rules covering the safety aspect of the carriage of passengers in special trade passenger ships.
The space requirements for special trade passenger ships are complementary to the 1971 Special Trade Passenger Ships Agreement
Xxx
Protocol on Preparedness, Response and Co-operation to
pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol)
Adoption: 15 March 2000
Entry into force: Twelve months after ratification by not less than fifteen States, which are States Party to the OPRC Convention.
Status: see status of conventions
Introduction
HNS definition
Introduction
The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol) follows the principles of the International Convention on Oil Pollution Preparedness, Response and Co?operation, 1990 (OPRC) and was formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000.
Entry into force will be twelve months after ratification by not less than fifteen States.
Like the OPRC Convention, the HNS Protocol aims to provide a global framework for international co?operation in combating major incidents or threats of marine pollution. Parties to the HNS Protocol will be required to establish measures for dealing with pollution incidents, either nationally or in co?operation with other countries. Ships will be required to carry a shipboard pollution emergency plan to deal specifically with incidents involving HNS
HNS definition
HNS are defined by reference to lists of substances included in various IMO Conventions and Codes. These include oils; other liquid substances defined as noxious or dangerous; liquefied gases; liquid substances with a flashpoint not exceeding 60°C; dangerous, hazardous and harmful materials and substances carried in packaged form; and solid bulk materials defined as possessing chemical hazards.
The HNS Protocol, when it comes into force, will ensure that ships carrying hazardous and noxious liquid substances are covered, or will be covered, by regimes similar to those already in existence for oil incidents.
In 1996, IMO adopted the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by sea, which provides for a compensation and liability regime for incidents involving these substances (it has not yet entered into force).
Adoption: 15 March 2000
Entry into force: Twelve months after ratification by not less than fifteen States, which are States Party to the OPRC Convention.
Status: see status of conventions
Introduction
HNS definition
Introduction
The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol) follows the principles of the International Convention on Oil Pollution Preparedness, Response and Co?operation, 1990 (OPRC) and was formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000.
Entry into force will be twelve months after ratification by not less than fifteen States.
Like the OPRC Convention, the HNS Protocol aims to provide a global framework for international co?operation in combating major incidents or threats of marine pollution. Parties to the HNS Protocol will be required to establish measures for dealing with pollution incidents, either nationally or in co?operation with other countries. Ships will be required to carry a shipboard pollution emergency plan to deal specifically with incidents involving HNS
HNS definition
HNS are defined by reference to lists of substances included in various IMO Conventions and Codes. These include oils; other liquid substances defined as noxious or dangerous; liquefied gases; liquid substances with a flashpoint not exceeding 60°C; dangerous, hazardous and harmful materials and substances carried in packaged form; and solid bulk materials defined as possessing chemical hazards.
The HNS Protocol, when it comes into force, will ensure that ships carrying hazardous and noxious liquid substances are covered, or will be covered, by regimes similar to those already in existence for oil incidents.
In 1996, IMO adopted the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by sea, which provides for a compensation and liability regime for incidents involving these substances (it has not yet entered into force).
Liability and compensation regimes for oil
pollution incidents are covered by the 1992 Protocols to the International
Convention on Civil Liability for Oil Pollution Damage, 1969 and the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1971.
Xx
International Convention on Oil Pollution Preparedness,
Response and Co-operation, 1990
Adoption: 30 November 1990
Entry into force: 13 May 1995
Parties to the OPRC convention are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Background
In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop further measures to prevent pollution from ships. This call was endorsed by the IMO Assembly in November of the same year and work began on a draft convention aimed at providing a global framework for international co-operation in combating major incidents or threats of marine pollution.
Parties to the OPRC convention are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Ships are required to carry a shipboard oil pollution emergency plan, the to be developed by IMO. Operators of offshore units under the jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which must be co-ordinated with national systems for responding promptly and effectively to oil pollution incidents.
Ships are required to report incidents of pollution to coastal authorities and the convention details the actions that are then to be taken. The convention calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill combating exercises and the development of detailed plans for dealing with pollution incidents.
Parties to the convention are required to provide assistance to others in the event of a pollution emergency and provision is made for the reimbursement of any assistance provided.
The Convention provides for IMO to play an important co-ordinating role.
Adoption: 30 November 1990
Entry into force: 13 May 1995
Parties to the OPRC convention are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Background
In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop further measures to prevent pollution from ships. This call was endorsed by the IMO Assembly in November of the same year and work began on a draft convention aimed at providing a global framework for international co-operation in combating major incidents or threats of marine pollution.
Parties to the OPRC convention are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Ships are required to carry a shipboard oil pollution emergency plan, the to be developed by IMO. Operators of offshore units under the jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which must be co-ordinated with national systems for responding promptly and effectively to oil pollution incidents.
Ships are required to report incidents of pollution to coastal authorities and the convention details the actions that are then to be taken. The convention calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill combating exercises and the development of detailed plans for dealing with pollution incidents.
Parties to the convention are required to provide assistance to others in the event of a pollution emergency and provision is made for the reimbursement of any assistance provided.
The Convention provides for IMO to play an important co-ordinating role.
Xx
Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter, 1972
Adoption: 13 November 1972
Entry into force: 30 August 1975
See also London Convention 1972
Introduction
The 1978 amendments - incineration
The 1978 amendments - disputes
The 1980 amendments - list of substances
The 1989 amendments - permits
The 1993 amendments - banning of dumping of low-level radioactive wastes; phasing out of dumping of industrial wastes; banning of incineration at sea of industrial wastes
1996 Protocol - revised convention, precautionary approach
1996 Protocol - permitted dumping
Introduction
The Inter?Governmental Conference on the Convention on the Dumping of Wastes at Sea, which met in London in November 1972 at the invitation of the United Kingdom, adopted this instrument, generally known as the London Convention.
When the Convention came into force on 30 August 1975, IMO was made responsible for the Secretariat duties related to it.
The Convention has a global character, and contributes to the international control and prevention of marine pollution. It prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter.
"Dumping" has been defined as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man?made structures, as well as the deliberate disposal of these vessels or platforms themselves.
Wastes derived from the exploration and exploitation of sea?bed mineral resources are, however, excluded from the definition. The provision of the Convention shall also not apply when it is necessary to secure the safety of human life or of vessels in cases of force majeure.
Among other requirements, Contracting Parties undertake to designate an authority to deal with permits, keep records, and monitor the condition of the sea.
Other articles are designed to promote regional co?operation, particularly in the fields of monitoring and scientific research.
Annexes list wastes which cannot be dumped and others for which a special dumping permit is required. The criteria governing the issuing of these permits are laid down in a third Annex which deals with the nature of the waste material, the characteristics of the dumping site and method of disposal.
top
top
The 1978 amendments - incineration
Adoption: 12 October 1978
Entry into force: 11 March 1979
The amendments affect Annex I of the Convention and are concerned with the incineration of wastes and other matter at sea.
The 1978 amendments - disputes
Adoption: 12 October 1978
Entry into force: 60 days after being accepted by two thirds of Contracting Parties.
Status: see status of conventions
As these amendments affect the articles of the Convention they are not subject to the tacit acceptance procedure and will enter into force one year after being positively accepted by two thirds of Contracting Parties. They introduce new procedures for the settlement of disputes.
top
top
The 1980 amendments - list of substances
Adoption: 24 September 1980
Entry into force: 11 March 1981
These amendments are related to those concerned with incineration and list substances which require special care when being incinerated.
The 1989 amendments
Adoption: 3 November 1989
Entry into force: 19 May 1990
The amendments qualify the procedures to be followed when issuing permits under Annex III. Before this is done, consideration has to be given to whether there is sufficient scientific information available to assess the impact of dumping.
top
top
The 1993 amendments
Adoption: 12 November 1993
Entry into force: 20 February 1994
The amendments banned the dumping into sea of low-level radioactive wastes. In addition, the amendments:
· phased out the dumping of industrial wastes by 31 December 1995
· banned the incineration at sea of industrial wastes.
Although all three disposal methods were previously permitted under the Convention, attitudes towards the use of the sea as a site for disposal of wastes have changed over the years.
In 1983 the Contracting Parties to the LC adopted a resolution calling for a moratorium on the sea dumping of low-level radioactive wastes. Later resolutions called for the phasing-out of industrial waste dumping and an end to the incineration at sea of noxious liquid wastes.
top
top
1996 Protocol
Adoption: 7 November 1996
Entry into force: 30 days after ratification by 26 countries, 15 of whom must be Contracting Parties to the 1972 treaty.
Status: see status of conventions
The Protocol is intended to replace the 1972 Convention.
It represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials.
One of the most important innovations is to introduce (in Article 3) what is known as the "precautionary approach". This requires that "appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects.
"The article also states that "the polluter should, in principle, bear the cost of pollution" and it emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another.
The 1972 Convention permits dumping to be carried out provided certain conditions are met. The severity of these conditions varies according to the danger to the environment presented by the materials themselves and there is a "black list" containing materials which may not be dumped at all.
The 1996 Protocol is much more restrictive.
top
top
Permitted dumping
Article 4 states that Contracting Parties "shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1."
These are:
1. Dredged material
2. Sewage sludge
3. Fish waste, or material resulting from industrial fish processing operations
4. Vessels and platforms or other man-made structures at sea
5. Inert, inorganic geological material
6. Organic material of natural origin
7. Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping.
The only exceptions to this are contained in Article 8 which permits dumping to be carried out "in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels..."
Incineration of wastes at sea was permitted under the 1972 Convention, but was later prohibited under amendments adopted in 1993. It is specifically prohibited by Article 5 of the 1996 Protocol.
In recent years concern has been expressed at the practice of exporting wastes which cannot be dumped at sea under the 1972 Convention to non-Contracting Parties.
Article 6 of the Protocol states that "Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea."
Article 9 requires Contracting Parties to designate an appropriate authority or authorities to issue permits in accordance with the Protocol.
The Protocol recognizes the importance of implementation and Article 11 details compliance procedures under which, no later than two years after the entry into force of the Protocol, the Meeting of Contracting Parties "shall establish those procedures and mechanisms necessary to assess and promote compliance..."
A key provision is the so-called transitional period (Article 26) which allows new Contracting Parties to phase in compliance with the convention over a period of five years. This provision is supported by extended technical assistance provisions.
IMO is made responsible for Secretariat duties in relation to the Protocol (as it is by the 1972 Convention). Other Articles contain procedures for settling disputes (Article 16) and amendments. Amendments to the Articles shall enter into force "on the 60th day after two-thirds of Contracting Parties shall have deposited an instrument of acceptance of the amendment with the Organization" (meaning IMO).
The Protocol contains three annexes. Annex 1 is described above and the other two deal with assessment of wastes and arbitral procedures.
Amendments to the annexes are adopted through a tacit acceptance procedure under which they will enter into force not later than 100 days after being adopted.
The amendments will bind all Contracting Parties except those which have explicitly expressed their non-acceptance.
Adoption: 13 November 1972
Entry into force: 30 August 1975
See also London Convention 1972
Introduction
The 1978 amendments - incineration
The 1978 amendments - disputes
The 1980 amendments - list of substances
The 1989 amendments - permits
The 1993 amendments - banning of dumping of low-level radioactive wastes; phasing out of dumping of industrial wastes; banning of incineration at sea of industrial wastes
1996 Protocol - revised convention, precautionary approach
1996 Protocol - permitted dumping
Introduction
The Inter?Governmental Conference on the Convention on the Dumping of Wastes at Sea, which met in London in November 1972 at the invitation of the United Kingdom, adopted this instrument, generally known as the London Convention.
When the Convention came into force on 30 August 1975, IMO was made responsible for the Secretariat duties related to it.
The Convention has a global character, and contributes to the international control and prevention of marine pollution. It prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter.
"Dumping" has been defined as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man?made structures, as well as the deliberate disposal of these vessels or platforms themselves.
Wastes derived from the exploration and exploitation of sea?bed mineral resources are, however, excluded from the definition. The provision of the Convention shall also not apply when it is necessary to secure the safety of human life or of vessels in cases of force majeure.
Among other requirements, Contracting Parties undertake to designate an authority to deal with permits, keep records, and monitor the condition of the sea.
Other articles are designed to promote regional co?operation, particularly in the fields of monitoring and scientific research.
Annexes list wastes which cannot be dumped and others for which a special dumping permit is required. The criteria governing the issuing of these permits are laid down in a third Annex which deals with the nature of the waste material, the characteristics of the dumping site and method of disposal.
top
top
The 1978 amendments - incineration
Adoption: 12 October 1978
Entry into force: 11 March 1979
The amendments affect Annex I of the Convention and are concerned with the incineration of wastes and other matter at sea.
The 1978 amendments - disputes
Adoption: 12 October 1978
Entry into force: 60 days after being accepted by two thirds of Contracting Parties.
Status: see status of conventions
As these amendments affect the articles of the Convention they are not subject to the tacit acceptance procedure and will enter into force one year after being positively accepted by two thirds of Contracting Parties. They introduce new procedures for the settlement of disputes.
top
top
The 1980 amendments - list of substances
Adoption: 24 September 1980
Entry into force: 11 March 1981
These amendments are related to those concerned with incineration and list substances which require special care when being incinerated.
The 1989 amendments
Adoption: 3 November 1989
Entry into force: 19 May 1990
The amendments qualify the procedures to be followed when issuing permits under Annex III. Before this is done, consideration has to be given to whether there is sufficient scientific information available to assess the impact of dumping.
top
top
The 1993 amendments
Adoption: 12 November 1993
Entry into force: 20 February 1994
The amendments banned the dumping into sea of low-level radioactive wastes. In addition, the amendments:
· phased out the dumping of industrial wastes by 31 December 1995
· banned the incineration at sea of industrial wastes.
Although all three disposal methods were previously permitted under the Convention, attitudes towards the use of the sea as a site for disposal of wastes have changed over the years.
In 1983 the Contracting Parties to the LC adopted a resolution calling for a moratorium on the sea dumping of low-level radioactive wastes. Later resolutions called for the phasing-out of industrial waste dumping and an end to the incineration at sea of noxious liquid wastes.
top
top
1996 Protocol
Adoption: 7 November 1996
Entry into force: 30 days after ratification by 26 countries, 15 of whom must be Contracting Parties to the 1972 treaty.
Status: see status of conventions
The Protocol is intended to replace the 1972 Convention.
It represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials.
One of the most important innovations is to introduce (in Article 3) what is known as the "precautionary approach". This requires that "appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects.
"The article also states that "the polluter should, in principle, bear the cost of pollution" and it emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another.
The 1972 Convention permits dumping to be carried out provided certain conditions are met. The severity of these conditions varies according to the danger to the environment presented by the materials themselves and there is a "black list" containing materials which may not be dumped at all.
The 1996 Protocol is much more restrictive.
top
top
Permitted dumping
Article 4 states that Contracting Parties "shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1."
These are:
1. Dredged material
2. Sewage sludge
3. Fish waste, or material resulting from industrial fish processing operations
4. Vessels and platforms or other man-made structures at sea
5. Inert, inorganic geological material
6. Organic material of natural origin
7. Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping.
The only exceptions to this are contained in Article 8 which permits dumping to be carried out "in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels..."
Incineration of wastes at sea was permitted under the 1972 Convention, but was later prohibited under amendments adopted in 1993. It is specifically prohibited by Article 5 of the 1996 Protocol.
In recent years concern has been expressed at the practice of exporting wastes which cannot be dumped at sea under the 1972 Convention to non-Contracting Parties.
Article 6 of the Protocol states that "Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea."
Article 9 requires Contracting Parties to designate an appropriate authority or authorities to issue permits in accordance with the Protocol.
The Protocol recognizes the importance of implementation and Article 11 details compliance procedures under which, no later than two years after the entry into force of the Protocol, the Meeting of Contracting Parties "shall establish those procedures and mechanisms necessary to assess and promote compliance..."
A key provision is the so-called transitional period (Article 26) which allows new Contracting Parties to phase in compliance with the convention over a period of five years. This provision is supported by extended technical assistance provisions.
IMO is made responsible for Secretariat duties in relation to the Protocol (as it is by the 1972 Convention). Other Articles contain procedures for settling disputes (Article 16) and amendments. Amendments to the Articles shall enter into force "on the 60th day after two-thirds of Contracting Parties shall have deposited an instrument of acceptance of the amendment with the Organization" (meaning IMO).
The Protocol contains three annexes. Annex 1 is described above and the other two deal with assessment of wastes and arbitral procedures.
Amendments to the annexes are adopted through a tacit acceptance procedure under which they will enter into force not later than 100 days after being adopted.
The amendments will bind all Contracting Parties except those which have explicitly expressed their non-acceptance.
Xx
International Convention Relating to Intervention on the
High Seas in Cases of Oil Pollution Casualties, 1969
Adoption:
29 November 1969
Entry into force: 6 May 1975
The Convention affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty. The 1973 Protocol extended the Convention to cover substances other than oil.
Introduction
The Protocol of 1973 - extension to other substances
The 1991 amendments - revision of list of substances
The 1996 amendments - revision of list of substances
The 2002 amendments - revision of list of substances
Introduction
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States, under public international law, in respect of incidents on the high seas. In particular, questions were raised as to the extent to which a coastal State could take measures to protect its territory from pollution where a casualty threatened that State with oil pollution, especially if the measures necessary were likely to affect the interests of foreign shipowners, cargo owners and even flag States.
The general consensus was that there was need for a new regime which, while recognizing the need for some State intervention on the high seas in cases of grave emergency, clearly restricted that right to protect other legitimate interests. A conference to consider such a regime was held in Brussels in 1969.
The Convention which resulted affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after due consultations with appropriate interests including, in particular, the flag State or States of the ship or ships involved, the owners of the ships or cargoes in question and, where circumstances permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by such measures. Provision is made for the settlement of disputes arising in connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other vessels owned or operated by a State and used on Government non?commercial service
The Protocol of 1973
Adoption: 2 November 1973
Entry into force: 30 March 1983
The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, cause serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the Convention to cover substances other than oil.
Following considerable work on this subject within IMO's Legal Committee, draft articles for an instrument to extend the application of the 1969 Convention to substances other than oil were prepared and submitted to the 1973 London Conference on Marine Pollution.
The Conference adopted the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil. This extended the regime of the 1969 Intervention Convention to substances which are either listed in the Annex to the Protocol or which have characteristics substantially similar to those substances.
The 1991 amendments
Adoption: 4 July 1991
Entry into force: 30 March 1993
The amendments revised the list of substances drawn up in 1974 to assist the application of the 1973 Protocol.
The 1996 amendments
Adoption: 10 July 1996
Entry into force: 19 December 1997
The amendments revised the list of substances attached to the 1973 Protocol, following the adoption of new criteria for their selection.
Entry into force: 6 May 1975
The Convention affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty. The 1973 Protocol extended the Convention to cover substances other than oil.
Introduction
The Protocol of 1973 - extension to other substances
The 1991 amendments - revision of list of substances
The 1996 amendments - revision of list of substances
The 2002 amendments - revision of list of substances
Introduction
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States, under public international law, in respect of incidents on the high seas. In particular, questions were raised as to the extent to which a coastal State could take measures to protect its territory from pollution where a casualty threatened that State with oil pollution, especially if the measures necessary were likely to affect the interests of foreign shipowners, cargo owners and even flag States.
The general consensus was that there was need for a new regime which, while recognizing the need for some State intervention on the high seas in cases of grave emergency, clearly restricted that right to protect other legitimate interests. A conference to consider such a regime was held in Brussels in 1969.
The Convention which resulted affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after due consultations with appropriate interests including, in particular, the flag State or States of the ship or ships involved, the owners of the ships or cargoes in question and, where circumstances permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by such measures. Provision is made for the settlement of disputes arising in connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other vessels owned or operated by a State and used on Government non?commercial service
The Protocol of 1973
Adoption: 2 November 1973
Entry into force: 30 March 1983
The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, cause serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the Convention to cover substances other than oil.
Following considerable work on this subject within IMO's Legal Committee, draft articles for an instrument to extend the application of the 1969 Convention to substances other than oil were prepared and submitted to the 1973 London Conference on Marine Pollution.
The Conference adopted the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil. This extended the regime of the 1969 Intervention Convention to substances which are either listed in the Annex to the Protocol or which have characteristics substantially similar to those substances.
The 1991 amendments
Adoption: 4 July 1991
Entry into force: 30 March 1993
The amendments revised the list of substances drawn up in 1974 to assist the application of the 1973 Protocol.
The 1996 amendments
Adoption: 10 July 1996
Entry into force: 19 December 1997
The amendments revised the list of substances attached to the 1973 Protocol, following the adoption of new criteria for their selection.
The
2002 amendments
Adoption: 11 October 2002
Entry into force: 22 June 2004
The amendments revised the list of substances attached to the 1973 Protocol
Adoption: 11 October 2002
Entry into force: 22 June 2004
The amendments revised the list of substances attached to the 1973 Protocol
No comments:
Post a Comment