Held from 11 to 20 May 2010
The Maritime Safety Committee held its 89th session at the IMO Headquater, London, from 11 to 20 May 2010, under the chairmanship of Mr Neil Ferrer (Philippines).
The session was attended by representatives from 108 Member States and 2 Associate Members. It was also attended by observers from 4 UN specialised agencies, 7 Inter-Governmental Organizations and 38 Non-Governmental Organizations with consultative status.
It was the last session chaired by Mr Ferrer. Mr Christian Breinholt (Denmark) was elected as the next MSC Chairman.
Amongst the subjects which were discussed, the following could be noted:
- Lifeboat Release and Retrivial Systems
- Amendments to the IMSBC Code
- Piracy and armed robbery against ships
- Long Range Identification and Tracking (LRIT)
- Implementation of the Torremolinos fishing vessel safety Protocol
Adoption of amendments to the SOLAS Convention and other mandatory instruments
Lifeboat Release and Retrivial Systems (RRS)
Several instruments addressing the safety and the improvement of Lifeboat Release and Retrivial Systems were adopted by the MSC as follows :
- Amendments to SOLAS regulation III/1, new paragraph 5 (Resolution MSC. 317(89))
- Amendments to the LSA Code paragraph 4.4.7.6 (Resolution MSC. 320(89))
- Amendments to the Revised recommendation on testing of life-saving appliances (resolution MSC.81(70)), as amended, (Resolution MSC. 321(89))
- Guidelines for evaluation and replacement of lifeboat release and retrivial system (RRS), circular MSC.1/Circ.1392
- Early application of new SOLAS reg.III/1.5, circular MSC.1/Circ.1393
The newly adopted paragraph 5 of SOLAS regulation III/1 requires the replacement of lifeboat on-load release mechanisms not complying with the requirements of the newly amended paragraphs 4.4.7.6.4 to 4.4.7.6.6 of the International Life-Saving Appliances (LSA) Code not later than the first scheduled dry-docking of the ship after 1 July 2014 but, in any case, not later than 1 July 2019. Ships constructed on/after 1 July 2014 shall be fitted with RRS complying with the above standards. These improved safety standards for lifeboat release and retrieval systems are intended to prevent accidents during lifeboat drills.
The amendments to the SOLAS Convention and to the LSA Code are expected to enter into force on 1 January 2013.
Associated amendments to the Revised recommendation on testing of life-saving appliances (resolution MSC.81(70)) were adopted.
Existing RRS have to be assessed against the new standards by the manufacturer, as a first step. They are subsequently submitted to a design review by the Administration (or a Recognized Organization acting on its behalf) , then to performance tests and on-board verification (All RRS). These tasks are to be completed no later than 1 July 2013. The result of the assessment (Compliant/Compliant with modifications/Non-compliant) should to the IMO where it will be entered in a dedicated modulus of the GISIS data base.
The above scheme is described in the circular MSC.1/Circ.1392 Guidelines for evaluation of and replacement of lifeboat release and retrieval systems
It is clearly understandable that such a process may involve the replacement of a large number of lifeboat RRS.
Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (Resolution MSC. 318(89))
Entry into force : 1 January 2013
Amongst the amendments included in the first set of amendments to the IMSBC Code, the following should be noted:
- Clarification of the roles and responsibilities for the cargo, replacement of the word “competent authority” with “Administration”
- Revision of individual schedules for a number of cargoes
- Idendification of cargoes where the fixed gas fire-extinguishing system could be ineffective and actions to be taken
- Identification of cargoes liable to cake
- Identification of cargoes where bunkeringof fuel oil in adjacent spaces is not allowed
- New schedule for “Distillers dried grains with solubles”
- New schedule for “Ferrous sulphate heptahydate”
- New schedule for “Granular Ferrrous Sulphate”
- New schedule for “Magnesium sulphate fertilizers”
Reminder
The IMSBC Code entered into force on 1 January 2011. As new cargoes are considered and improved carriage requirements could occur, it is acknowledged that the IMSBC Code is subjected to regular updating. Within the IMO organization, it is to the DSC Sub-Committee to keep the IMSBC Code updated and to propose a set of amendments every two years. This is the first set of amendments to the IMSBC Code.
Amendments to the International Code on Intact Stability, 2008 (2008 IS Code) (Resolution MSC. 319(89))
Entry into force: 19 May 2010
The aim of the amendments is to introduce a reference to the 2009 MODU Code within the 2008 IS Code.
The existing section 2.6 is replaced by the following:
“2.6 Mobile offshore drilling units (MODUs)
For MODUs, constructed:
1 on or after 1 January 2012, the provisions of chapter 3 of the 2009 MODU Code, adopted by resolution A.1023(26),
should apply;
2 before 1 January 2012, but on or after 1 May 1991, the provisions of chapter3 of the 1989 MODU Code, adopted by resolution A.649(16), should apply; and
3 before 1 May 1991, the provisions of chapter 3 of the 1979 MODU Code, adopted by resolution A.414(XI) should apply.”
Draft amendments to the SOLAS Convention
Several amendments to the SOLAS Convention were approved with a view to adoption at MSC 90 (May 2012).
- Reg.II-1/8-1
Passenger ships with three or more main vertical fire zones or of 120 metres in length or more (i.e., subjected to the safe-return to port) shall be either fitted with an onboard stability computer or shore-based supported.
Entry into force : 1 January 2014
- Reg.II-2/19
Clarification : ships constructed after 30 September 1984 and before1July 2002 are not subject to the requirement of the regulation.
Adoption of circular MSC 1/Circ.1407 Guidelines for early implementation.
Entry into force : 1 January 2014
- Reg.III/20.11.2
A simulated lauch of the free-fall lifeboat is permited during drills.
Entry into force : 1 January 2014
- Reg.VI/5-2 (New)
The blending of bulk liquid cargoes is prohibited during the sea voyage
Entry into force : 1 January 2014
- Reg.XI/1-2
Implementation of the ESP Code (The ESP Code replaces the resolution A.744(18))
Entry into force : 1 January 2014
Piracy and armed robbery against ships
Piracy was discussed in deep at this session.
As a result, the following documents were approved by the Committee :
- Resolution MSC.324(89). Implementation of Best Management Practice Guidance
- Circular MSC.1/Circ.1404 Guidelines to assist in the investigation of the crimes of piracy and armed robbery against ships
- Circular MSC.1/Circ.1405. Interim Guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel (PCASP) on board ships in the High Risk Area
- Circular MSC.1/Circ.1406. Interim Recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area
The Best Management Practice (BMP) have been released by the Industry. They focus on actions to be co-ordinated between ships and shipowners one one hand and maritime authorities and naval forces, on the other hand. The resolution urges all parties concerned to take action to ensure better implementation of these important measures, recognising the need for a merchant ship to take every possible measure to protect herself from pirate attack and that an effective self-protection is the key to avoiding, evading and deterring pirate attacks
MSC 1/Circ.1404 Guidelines to assist in the investigation of the crimes of piracy and armed robbery against ships are intended to assist an investigator to collect evidence, including forensic evidence, to support the submission of written reports which may assist in the subsequent identification, arrest and prosecution of the pirates that held the vessel and crew captive. They are intended to be used in conjunction with resolution A.1025(26) Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships.
MSC 1/1405 and MSC 1/1406 address the issue of the use of privately contracted armed security personnel (PCASP), if and when a flag State determines that such a measure would be appropriate and lawful. They are not intended to endorse or institutionalize their use and do not represent any change of policy by the IMO in this regard.
The interim recommendations for flag States recommend that flag States should set a policy on whether or not the use of PCASP is authorized and, if so, under which conditions. Taking into account the possible escalation of violence which could result from the use of firearms and carriage of armed personnel on board ships should be keptbin mind when deciding on its policy.
The guidance to shipowners states that the use of PCASP is an alternative to the Best Management Practices and other protective measures.
Placing armed guards on board as a means to secure and protect the vessel and its crew should only be considered after a risk assessment has been carried out. It is also important to involve the Master in the decision making process. The flag State jurisdiction and any laws and regulations imposed by the flag State concerning the use of private security companies apply to their vessels. Port and coastal States laws may also apply to such vessels.
The Working Group on Maritime Security and Piracy will intersessionaly meet in the week commencing 12 September 2011 to continue the work on Guidance to the interested parties.
Implementation of the Torremolinos fishing vessel safety Protocol
A draft Agreement on the Implementation of the 1993 Protocol relating to the 1977 Torremolinos Convention on the Safety of Fishing Vessels was agreed by the Comittee.
The aim is to achieve the entry into force of the technical provisions of the 1993 Torremolinos Protocol on fishing vessel safety. Draft amendments to the 1993 Torremolinos Protocol, intentend to be attached to the Agreement, to facilitate the adoption of the Agreement were also agreed.
The Agreement would be a new, legally binding, instrument, offering a firm foundation to implement the amended provisions of the Torremolinos Protocol.
The Committee will recommend several options to the next IMO Council (June 2011), so as the draft agreement could be adopted either at the IMO Assembly in November 2011, or by a diplomatic conference in 2012.
LRIT
The Committee was updated on developments in relation to the establishment and testing of LRIT Data Centres (DCs) and the operation of the LRIT system since its last session.
It was agreed that the transfer of operations of the International LRIT Data Exchange (IDE) from the temporary facility in the United States to the facility at the European Maritime Safety Agency in Lisbon, Portugal, should be conducted before 31 December 2011.
Performance review and audit reports of the IDE and DCs submitted by the International Maritime Satellite Organization (IMSO), as the LRIT coordinator, together with its findings and recommendations wre reviewed. A number of delegations raised concerns about the cost and the financial viability of the LRIT system.
Other issues
Goal-based standards
Generic guidelines for developing goal-based standards were approved. The Guidelines include the monitoring and verification process for rules and regulations. It was confirmed that the GBS principle is to develop “rules for rules” and not “rules for ships”. It was agreed to address the development of the safety level approacas an alternative to the prescriptive approach.
Implementation of mandatory IMO audit scheme
The Committee approved the draft IMO Instruments Implementation Code (III Code), the proposed new title for the mandatory version of the current Code for the implementation of mandatory IMO instruments, 2011. The draft IMO Instruments Implementation Code is also forwarded for consideration and approval by the Marine Environment Protection Committee (MEPC), and then to the Assembly, for adoption at a future session.
The target date for the development of the Code for Recognized Organization was extended to 2012, i.e;, completion at FSI 20 and submission to MSC 90 and MEPC 64.
Draft Assembly resolutions approved
The MSC approved, for submission to the IMO Assembly in November 2011:
- draft Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code), revising and updating the original code adopted in 1973
- new draft International Code on Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code)
- draft amendments to the International Convention on Load Lines (LL), 1966 (to shift the Winter Seasonal Zone off the southern tip of Africa further southward by 50 miles)
- draft Revised Recommendations for entering enclosed spaces aboard ships
- draft Revised procedures for Port State Control, 2011
- draft revised Survey Guidelines under the Harmonized System of Survey and Certification, 2011
- draft revised and updated Code for the implementation of mandatory IMO instruments, 2011, to include the requirements deriving from amendments to relevant IMO mandatory instruments
- the draft IMO/World Metereological Organization (WMO) Worldwide Met-ocean information and warning service guidance document;
Further approvals
- IMO User Guide to SOLAS chapter XI-2 and the ISPS Code
- Update to the IMO/International Labour Organization (ILO)/ United Nations Economic Commission for Europe (UNECE) Guidelines for packing of cargo transport units (CTUs)
Source: IMO
