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New technology can create fresh ways to improve safety. If used inappropriately or if unforeseen problems arise, new technology can also introduce new risks. Many of the topics at the forefront of IMO’s recent discussions relate to the themes of Technology and Safety.
Ballast Water Management Developments
The Ballast Water Management (BWM) Convention has not yet reached its ratification criteria, but nonetheless, it remains one of the highest-profile topics in industry discussions and planning. This is because the impact of the regulations will be significant and the ratification threshold is drawing ever nearer.
During the 64th Marine Environment Protection Committee (MEPC 64), significant progress was made towards ratification. While the requisite number of governments has already been reached, the proportion of the world’s tonnage that they represent is not quite large enough yet. When further governments take the global tonnage criterion over the threshold, the 12-month countdown will start for the BWM Convention to enter into force.
Given that this could happen in the near future, governments and industry have been raising various questions at the IMO on the practical implementation of the Convention. As a result, MEPC 64 decided to:
Approve a further five basic and three final management systems using active substances, subject to type approval by the flag administration for onboard use;
- Highlight the unresolved sampling issue and concern over actual operational performance of systems as leading causes of the slow uptake on signatures;
- Generally support the principle of granting a maximum five-year period of grace for compliance, i.e. up to the first renewal survey. A correspondence group will consider this before MEPC 65;
- Agree that sufficient ballast water treatment technologies are currently available to meet the D2 standard, but that there are valid concerns over their supply, operation and suitability. Delegations were asked to submit case studies to allow further detailed analysis;
- Approve a BWM circular encouraging concerned parties to issue a document stating compliance with the Convention earlier than the entry into force date.
Despite this progress, several other issues remain unresolved so the debate over ballast water will continue through the IMO.
Clarifying the Energy Efficiency Design Index
The historic passing at MEPC 62 of the new MARPOL chapter introducing the Energy Efficiency Design Index (EEDI) did not mark the end of deliberations surrounding the regulation. There has been prolonged debate on a host of topics related to its implementation. Among various others, two main topics at the recent MEPC 64 related to the interpretations of what constitutes a ‘major conversion’ and what is considered a ‘new ship’.
No specific universal definition was given for a major conversion. The decision was that it will be up to the flag administration in each instance. If a flag administration decides that work is significant enough for a ship to be considered a new ship, then it may require re-certification of its EEDI. For an existing ship which was not subject to the regulations, a flag may decide that highly extensive work brings the ship into the scope of EEDI.
A question was also raised about how new ships are defined for the phases of EEDI. While there is a definition associated with Phase 0 on 1 January 2013, there is no definition for the subsequent phases. Notwithstanding the contract or keel-laying dates, it was agreed that the delivery date for new ships for Phases 1, 2 and 3 would be on or after 48 months following the start of each phase.
MEPC 64 also considered ways of ensuring that EEDI does not lead to ships having insufficient propulsion power to maintain the manoeuvrability of the ship in adverse conditions. A finalised interim solution will require further work, but a ‘stop-gap’ solution was agreed for bulk carriers, tankers and combination carriers from 1 January 2013.
Other aspects of EEDI remain under ongoing consideration at the IMO. One of the major aspects is the extension of its scope to cover all ship types, most notably passenger, ro-ro passenger and ro-ro cargo ships.
Enclosed Space Entry and Rescue Drills
Enclosed spaces onboard ships are a common location of serious and fatal accidents. Reducing the number of incidents involving enclosed spaces has therefore been an IMO concern for some time. IMO’s 17th Dangerous Goods, Solid Cargoes and Containers Sub-Committee (DSC 17) recently finalised legislation that has made regular enclosed space entry and rescue drills compulsory for crew members with relevant responsibilities. Further work is needed by the IMO to clarify the carriage requirements for instruments to test the atmosphere of enclosed spaces.
Bringing this into force will require amending various pieces of IMO legislation. SOLAS, the High Speed Craft Code and the MODU code, among others, will all have to be amended to reflect these new requirements. Consequently, various IMO sub-committees were involved with the resulting legislation. It was DSC 17, however, that considered all the findings and recommendations put forward before finalising the amendments that MSC 91 was asked to approve.
Maritime Labour Convention coming into force
The International Labour Organisation’s Maritime Labour Convention (ILO MLC) 2006 has been previously finalised but was awaiting certain criteria to be met before it could enter into force. This summer, those criteria were met, so the MLC will now enter into force on 20 August 2013.
Owners and managers have until then to comply with the requirements of the MLC 2006 and to obtain certification for ships flagged by members that have ratified the Convention:
- For 500 gt or over, engaged in international voyages; and
- For 500 gt or over, flying the flag of a member and operating from a port, or between ports, in another country.
Companies establishing the measures they will take to comply with MLC 2006 requirements often find they already comply with many of its requirements. It is, however, important to identify the areas where compliance is not yet achieved. For some requirements, for example medical certificates, the documents or forms used are not under the company’s direct control and any issues arising may not be easy to resolve. It is therefore recommended that companies start the review of their compliance early, so as to ensure they have sufficient time to address any problems.
Andrew Sillitoe
LeadSpecialist -Regulatory Risk Assessment
External Affairs , Lloyd’s Register Group
Above article has been initially published at Horizons (January 2013) and is reproduced here with author’s kind permission