the magazine of the international maritime organization · a hapag lloyd containership negotiates...

IM NEWST H E M A G A Z I N E O F T H E INTERNATIONAL MARITIME ORGANIZATION

SHIPPING STANDARDS REACH NEWHEIGHTS

THIRD-TIER OIL COMPENSATIONSCHEME ADOPTED

EU COUNTRIES PROPOSE MARPOLAMENDMENTS

I S S U E 2 . 2 0 0 3

Opinion

4 Under IMO’s leadership standards in shipping have been raised to unprecedented levels, says Secretary-General William O’Neil

5 IMO issues SARS advice

6 EU countries propose MARPOL amendments in Prestige response; New SG for IMO elected

7 New compensation fund promises better deal for oil pollution victims

8 IMO urges early implementation of maritime security measures

9 Panama makes IMO budget contribution

10-11 ROPME and MEMAC celebrate silver jubilee

13-17 Sub-Committee on Ship Design and Equipment (DE) 49th session

19 Sub-Committee on Bulk Liquids and Gases (BLG) 8th session

21-22 Sub-Committee on Flag State Implementation (FSI) 11th session

23-26 Legal Committee (LEG) 86th session

28 IMO supports 2003 East Asian congress; IMO and Tokyo combine for PSCtraining; Canada pledges technical support

29 O’Neil receives special recognition award; REMPEC focal points meet

30 Pollution plan for Adriatic takes shape; regional seminars promote fishing standards; Republic of Korea continues financial support; Venezuela honours Secretary-General;

www.imo.org. No.2 2003 IMO NEWS 3

IMO News • Issue 2 2003

Contents

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Copyright © IMO 2003

Pub 532/03

Opinion

I Intelligence

Feature

From the meetings

From the meetings

IMO at work

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A Hapag Lloyd containership negotiatesthe river Elbe at the end of another safe

passage. All over the world, shippingcontinues to provide the most cost-

effective, secure and environmentallyfriendly way to move goods and raw

materials in large quantities

Opinion

4 IMO NEWS No.2 2003 www.imo.org.

There can be no doubt that, in matters of safety, environmental protection and security, theshipping industry looks to IMO as the leader in creating and raising standards. And in my

mind, there is no question that it does get that leadership. IMO's response to serious accidents hasbeen swift and decisive and its current pro-active policy has created a regulatory infrastructure thatcovers everything from measures designed to prevent casualties and accidents and to minimisedamage to the environment, through measures aimed at ensuring an effective response whenaccidents do happen, and on to those activities which have created the compensation regime whichensures that the innocent victims of pollution and other mishaps can receive adequate recompense.

Under IMO's leadership, standards have been raised to unprecedented levels. The world's fleetnow consists of around 88,000 ships, and the vast majority of these operate for their entire livessafely, cleanly and efficiently within the sound regulatory framework that has been built up overthe years by IMO. The casualty rate for all types of vessels has plummeted over successivedecades. It is worthwhile reminding ourselves that shipping plays a massive part in our collectivewell being; millions of tonnes of raw materials, finished products and goods are transportedeconomically, cleanly and without mishap every day of the week, underpinning the global economyand fulfilling international trade. It would astonish most people to discover that, in terms of averageannual loss rates per million flight, or voyage, hours at risk, the loss rate for commercial aircraft isthree times that for merchant ships, and that, since 1988, the merchant ship loss rate per 1,000units at risk has been consistently lower than the commercial aircraft rate.

Whenever a serious shipping accident occurs there is inevitably a clamour to find someone,some body, to place the blame on. But most accidents are the result of a complex chain of eventsand causes which, individually, would not be catastrophic but, when they do occur together, canhave disastrous consequences. When no obvious scapegoat emerges, it is usually the regulatoryregime that eventually comes under the spotlight. Of course any lessons to be learned must beidentified and acted upon quickly and decisively. But more regulation or even tighter regulation isfrequently not the sole or even the best solution to the perennial problem of raising standards ofsafety and improving environmental protection in the shipping industry.

The regulatory regime definitely has its part to play: but let us be clear: the reason that ships fallapart, founder, collide with each other, run aground, break up, catch fire and whatever else maybefall them is rarely, if ever, because there is something fundamentally wrong with the regime. Inthe vast majority of cases, it is because somebody, somewhere along the line, did not take theproper action to avert a problem or did something wrong, whether through laziness, ignorance,greed, malice, fatigue, negligence or whatever - which, incidentally, stresses how vital it is thatIMO's focus on people, as demonstrated by the introduction of the ISM Code and the updating ofthe STCW Convention, must be sustained.

The job of raising world standards in the shipping industry will never be finished because we dolive in a complex and ever-changing world. And there is therefore a great deal that still needs to beattended to, both in the short and in the longer term. But we must not let that obscure the hugeadvances that have already been made. I think that we are in the right traffic lane and that we havetravelled some considerable distance down it. The emphasis will be on continuing to focus on thehuman element, on continuing to stress the importance of a culture of safety and environmentalconcern that will permeate the entire industry from top to bottom.

Raising world standards in themaritime industry

Message from the Secretary-General Mr. William A. O’Neil


On 12 March 2003, the World HealthOrganisation (WHO) alerted the world

to cases of atypical pneumonia, now known asSevere Acute Respiratory Syndrome (SARS).

IMO has issued MSC/Circ.1068 on SARS,following consultations between theSecretary-General and the Chairman of theMaritime Safety Committee. The circularaims at increasing awareness about SARSthrough drawing the Member Governments'attention to information in a submission to theCommittee by Singapore.

Although the widely reported rapid spreadof SARS to several countries was primarilydue to the ease of air travel, that was no theonly factor. As the IMO Circular pointed out,thousands of ships ply every day betweenports, carrying with them seafarers from allnations. Cruise ships, ferries and passengerliners in particular carry large number ofpassengers and crew on each ship. Shouldany crew or passenger on board be infectedwith SARS, the disease could spread quicklyon the ship to many persons. This isespecially so on a passenger ship. With largenumber of persons on board, it is alsoextremely difficult to trace those who havecome into contact with the person affected bySARS to control the spread of infection.

The Circular stressed the urgent need forthe international shipping community toappreciate the potential danger of the spread ofSARS through sea travel and to take thenecessary steps to prevent any spread.Countries should be ready to handle incidentsof SARS on ships in their ports or arriving intheir ports. The bulk of the world seabornetrade is carried by ships and all countriesshould do what they could to ensure that this isnot disrupted because of SARS. As the UnitedNations specialized agency responsible formaritime affairs, IMO has confirmed itsdetermination to play its role in helping itsMember States to fight against the spread ofSARS through shipping.

Singapore’s response to theSARS challengeSingapore has been affected by SARS and hasmounted strenuous efforts nationally to dealwith the crisis. The Government has beenquick to recognize the problem posed by SARSand acted swiftly to introduce measures tocontain the spread of the disease. It hasdeployed a three-pronged strategy in thisregard. First, detect and isolate SARS cases asearly as possible. Second, ring-fencedetected/suspected cases, as well as hospitals,clinics and personnel treating SARS cases, andadopt robust screening and infection control

procedures. Third, contain the spread of thevirus and guard vigilantly against an outbreakin the wider community. This strategy hasbeen effective in bringing the situation inSingapore under control. New SARS caseshave been limited to close contacts with SARSpatients. Singapore’s borders remain open andvisitors are welcome. The Government hasalso taken proactive steps to share informationand educate the public and private sectors ontheir social responsibility for containing thespread of SARS.

As the busiest port in the world, there are onaverage more than 400 vessel calls at theSingapore port each day. The calls include largecruise ships that could carry in excess of 2,000passengers and crew on board. To prevent thespread SARS through the maritime route, theMaritime and Port Authority of Singapore(MPA) has also adopted the strategy to isolate,ring-fence and contain infection to deal with theSARS problem. This is done in close co-operation with other government agencies inSingapore to educate and provide advice onpreventive measures to the shipping community.

The MPA has issued a Health Advisory onSARS containing information on the outbreak,SARS symptoms and preventive measures tothe local shipping community, including foreignships calling at Singapore. Shipmasters are

also required to report toSingapore's Port Health Officeprior to the arrival of their ships,whether any crew or passenger isunwell or is experiencing SARSsymptoms, so that he can beattended to by a medical doctor atour designated quarantineanchorage. All crew andpassengers on board ships are tofill up and submit HealthDeclaration Cards on arrival inSingapore. The Authority has metwith the shipping community toencourage co-operation instemming the spread of SARSthrough shipping activities.

Access to the IMO and WHOadvice on SARS can be obtainedthrough the IMO website atwww.imo.org.

WHO headquarters in Geneva; IMOSARS advice includes a link to WHO’sdedicated website

IMO issues SARS advice

Intelligence

The Secretary-General of IMO, Mr WilliamO’Neil, has received from all the fifteen

Member States of the European Union, each ofwhich is a Party to the MARPOL Convention, aset of formal proposals to change certainprovisions of the MARPOL Convention.

In essence, the proposals call for furtheracceleration of the phase-out timetable forsingle-hull tankers, an immediate ban on thecarriage of heavy grades of oil in single-hulltankers and for the Condition Assessment

Scheme (adopted in 2001 in the wake of the1999 Erika incident) to be applied to tankers of15 years of age and above.

The proposals will be circulated among allIMO Member States and Parties to MARPOLprior to their consideration at the 49th sessionof the Marine Environment ProtectionCommittee (MEPC), to be held at IMO’s

London Headquarters in July. In June, the IMOCouncil will be asked to sanction an additionalmeeting of the MEPC to be held this year, sothat MEPC 49 could decide on holding an extrameeting in December, at which any measuresarising from the proposals will be consideredfor formal adoption. Such an arrangementwould give IMO Members the minimum sixmonth period, stipulated in the Convention, inwhich to consider any proposed amendmentsand allow MARPOL Parties to consider

introducing newinternationalmeasures at theearliest date.

To ensure IMOMember States haveas much relevantinformation aspossible to hand whenthey consider theproposals, IMOSecretary-GeneralWilliam O’Neil hasreactivated theInformal Group ofExperts, which wascommissioned in 2000

to assess the likely effect of post-Erikaproposals, to study the impact of the newproposals now submitted. The group will takeinto account criteria such as the volume of oiland oil products carried by oil tankers world-wide and by region; the number of single-hulltankers to be affected by the proposals; thecapacity of shipyards needed to replace thesingle-hull tankers that would be withdrawn

from service and the capacity available world-wide; and the scrapping capacity of ship-recycling facilities on an annual basis.

The study has to be completed within a veryshort period of time and will be undertaken bythe IMO Secretariat, assisted by independentexperts nominated by industry organizations.The work will be co-ordinated by the IMO’sMarine Environment Division. The InformalGroup is expected to draw on expertise andexperience from any available source, includingMember Governments and internationalorganizations.

The study was expected to be finalized bythe end of May 2003, for dissemination as soonas possible thereafter for consideration byMEPC 49.

IMO Secretary-General O’Neil expressedsatisfaction at the submission of the proposalsto amend the MARPOL Convention. In theaftermath of the Prestige sinking, Mr O’Neilrepeatedly expressed the firm position thatIMO should always and without exception beregarded as the only forum where safety andpollution prevention standards affectinginternational shipping should be consideredand adopted.

During meetings earlier this year with thePresident of the European Union MaritimeTransport Ministers' Council, Mr. YiorgosAnomeritis, and the Vice-President of theEuropean Union, Mrs. Loyola de Palacio, MrO’Neil urged Member Governments to bringany safety and environmental issues relating tothe Prestige incident to IMO for considerationand appropriate action.

www.imo.org. No.2 2003 IMO NEWS 76 IMO NEWS No.2 2003 www.imo.org.

Intelligence Intelligence

Increased levels of compensation will in futurebe available for victims of oil pollution from

oil tanker accidents, following the adoption of aProtocol establishing an International OilPollution Compensation Supplementary Fundby a diplomatic conference held at IMOHeadquarters in London.

The aim of the established Fund is tosupplement the compensation available underthe 1992 Civil Liability and Fund Conventionswith an additional, third tier of compensation.The Protocol is optional and participation isopen to all States Parties to the 1992 FundConvention.

The total amount of compensation payablefor any one incident will be limited to acombined total of 750 million Special DrawingRights (SDR) (just over US$1,000 million)including the amount of compensation paidunder the existing CLC/Fund Convention.

With the adoption of this Protocol theOrganization has succeeded in substantiallyenhancing the compensation available underthe 1992 Convention. The supplementaryscheme introduced by the Protocol shouldtherefore ensure, for the foreseeable future,that victims of oil pollution damage will be fullycompensated for their losses.

It is also envisaged that the increasedcompensation should put an end to the practice

of pro-rating of payment ofclaims, which, although it hasbeen unavoidable, has led tocriticisms of the 1992Convention.

The supplementary fundwill apply to damage in theterritory, including theterritorial sea, of a ContractingState and in the exclusiveeconomic zone of aContracting State.

Annual contributions to the Fund will bemade in respect of each Contracting State byany person who, in any calendar year, hasreceived total quantities of oil exceeding150,000 tons. However, for the purposes of theProtocol, there is a minimum aggregate receiptof 1,000,000 tons of contributing oil in eachContracting State.

The Assembly of the Supplementary Fundwill assess the level of contributions based onestimates of expenditure (includingadministrative costs and payments to be madeunder the Fund as a result of claims) andincome (including surplus funds fromprevious years, annual contributions and anyother income).

The new Fund will come into existence three

months after at least eight States have ratifiedthe Protocol, who have received a combinedtotal of 450 million tons of contributing oil. TheProtocol will be opened for signature from 31July 2003.

In the wake of the Nakhodka oil tankerincident in 1997 off Japan and the Erika oiltanker incident off the coast of France inDecember 1999, the IMO Legal Committee inOctober 2000 adopted amendments to the 1992Protocols to the CLC and Fund Conventionwhich will raise the limits of compensationpayable by some 50 per cent to 89.77 millionSpecial Drawing Rights (SDR) for a ship over140,000 gross tonnage under the CLC and 203million SDR payable by the IOPC Fund. Theseamendments will enter into force on 1November 2003.

Better deal for oil pollution victims as IMOadopts third tier of compensation

EU countries propose MARPOLamendments in Prestige response

EU proposals on tanker phase-out may lead to more MARPOL changes (Edwards ship photos)

The Nakhodka incident prompted the new compensation regime

As this issue of IMO News went to press,Mr Efthimios Mitropoulos of Greece

was elected as the new Secretary-General ofthe International Maritime Organization, tosucceed the incumbent Mr William O’Neil ofCanada when he steps down from the post atthe end of this year.

Mr Mitropoulos was elected to the post byIMO’s 40-member Council. Other candidateswere Mr Magnus Johannesson of Iceland and

Mrs Monica Mbanefo of Nigeria.

Speaking after his election, Mr Mitropoulossaid, “I am delighted with today’s decision ofthe Council to appoint me as IMO’s newSecretary-General to succeed Mr. O’Neil asfrom next year. I look forward to the Assemblyapproving the decision of the Council.”

A full story will appear in the next issue ofIMO News.

Efthimios Mitropoulos electednew IMO Secretary-General

8 IMO NEWS No.2 2003 www.imo.org. www.imo.org. No.2 2003 IMO NEWS 9

Intelligence Intelligence

CorrectionThe references to new SOLASregulations in chapter XI-2 onpage 10 of issue 1 - 2003 ofthe IMO News should read asfollows:regulation XI-2/3 to readregulation XI-2/4 (Requirementsfor Companies and ships)regulation XI-2/4 to readregulation XI-2/8 (Master'sdiscretion for ship safety and security)regulation XI-2/5 to readregulation XI-2/6 (Ship securityalert system)regulation XI-2/6 to readregulation XI-2/10(Requirements for port facilities)

Implementation of security measures adoptedby the December 2002 Conference on

Maritime Security should begin as soon aspossible, IMO has urged, in a Maritime SafetyCommittee (MSC) Circular issued followingconsultations between IMO Secretary-General,Mr. William A. O’Neil, and the MSC Chairman,Mr. Tom Allan.

MSC/Circ.1067 notes that the new SOLASchapter XI-2 on Special measures to enhancemaritime security and the International Shipand Port Facility Security (ISPS) Code, adoptedby the Conference, are expected to enter intoforce on 1 July 2004.

It would therefore be prudent, given thehigh number of ships and ports which will

have to implementthe decisions ofthe Conference,that all partiesconcerned startputting in place,methodically,systematically and as soon as possible, all thenecessary infrastructure, includinglegislative, administrative and operational,needed to give effect to the decisions of theConference.

It is important that parties do not await theentry-into-force date before consideration ofthese important issues so as to avoid the needto have to take hasty action at the last minute

and also to avoid the need for control actionagainst ships found not in compliance with theapplicable requirements of SOLAS and theISPS Code.

The circular points out that neither chapterXI-2 of the Convention nor the Code providesfor any extension of the implementation datesfor the introduction of the special measures toenhance maritime security adopted by theConference.

IMO urges earlyimplementation ofmaritime securitymeasures

For a number of States, however, even theseproposed increases were considered to be stilltoo low. A European proposal for theestablishment of a fund which would providecompensation over and above that generatedby the 1992 Civil Liability and FundConventions whenever an oil pollution incidentoccurred in European waters was brought tothe attention of the IOPC Fund Assembly,which in April 2000 decided to set up anIntersessional Working Group to furtherconsider the matter. The Working Group metfor three sessions (in July 2000 and in Marchand June 2001) and recommended theestablishment of a supplementary fund, toprovide compensation over and above thatcurrently available under the 1992 CivilLiability/Fund regime, thus in essence creatinga third tier of compensation for pollutiondamage caused by oil spills at sea. Thissupplementary fund will not be limitedgeographically to Europe but will cover oilspills wherever they occur.

The Conference also adopted three resolutions. Conference resolution 1: Financing of theInternational Conference to adopt aProtocol to the International Convention

on the Establishment of an InternationalFund for Compensation for Oil PollutionDamage, 1992 – acknowledges that thefunding of the International Conference wasmade available on the understanding that theamount paid to IMO for convening andholding the Conference would be reimbursed,with interest, by the Supplementary Fund tothe 1992 Fund, and urges the ContractingStates to the Protocol, when it has enteredinto force, to ensure that the amount paid toIMO is reimbursed by the SupplementaryFund, with interest, to the 1992 Fund.

Conference resolution 2: Establishmentof the International Supplementary Fundfor Compensation for Oil PollutionDamage – requests the Assembly of theInternational Oil Pollution CompensationFund, 1992 (1992 Fund), to authorise andinstruct the Director of the 1992 Fund to takeon administrative and other functions relatingto the setting up of the supplementary Fund;recommends the two Funds to share a singleSecretariat and Director; and recommendsmeetings on 1992 Fund and supplementaryFund to be held simultaneously and in thesame place.

Conference resolution 3: Review of theinternational compensation regime for oilpollution damage for possibleimprovement – requests the 1992 FundAssembly to consider enhancements thatcould be made to the 1992 LiabilityConvention and the 1992 Fund Convention;urges all Contracting States to theConventions to place a high priority onongoing work towards a comprehensivereview of the Conventions; and requests IMOto take action as necessary based on theoutcome of the deliberations of the 1992 FundAssembly.

The Conference was attended byrepresentatives of 51 Contracting States to the1992 Fund Convention, while 17 other Statesand one IMO Associate Member sentobservers to the Conference. Observers fromtwo inter-governmental organizations and 11non-governmental organizations also attendedthe Conference.

His Excellency Mr. Mohammed Belmahi ofMorocco was elected President of theConference, and Mr. Alfred Popp of Canadaas Chairman, Committee of the Whole.

SOLAS Contracting Governments andMember Governments having difficulty inimplementing the decisions of the Conferenceare encouraged to seek assistance under IMO’sIntegrated Technical Co-operation Programme(which is currently implementing a globalprogramme on maritime/port security).

In the meantime, Member Governments areinvited to consider advising companies and shipsoperating under the flag of their State, to takesteps, dependent on the degree of perceived riskin their ships’ areas of operation, to increaseawareness of potential dangers. This isconsidered very important so that the crews ofthe ships concerned may be extremely vigilantand alert to any security threat they mayencounter or be suspicious of, whether they arein port, at offshore terminals or underway.

Maritime security – urgent action encouraged (US Coast Guard)

Panama contributionreceived

Ms. Bertilda GarciaEscalona, Administrator

of the Panama MaritimeAuthority, hands IMOSecretary-General Mr. O'Neil acheque in respect of Panama'scontribution to the IMObudget for 2003, in accordancewith the agreed schedule.Panama's contribution to IMOrepresents 20 per cent of theOrganization's budget.


Features • Jubilee


Realizing that pollution of the marine environmentby oil and other harmful substances arising from

human activities present a growing threat to marinelife, fisheries, human health, recreational uses ofbeaches and other amenities, the governments of theeight Gulf countries - Bahrain, Iran, Iraq, Kuwait,Oman, Qatar, Saudi Arabia and UAE - in co-operationwith the United Nations Environment Programme(UNEP) convened the Kuwait Regional Conference ofPlenipotentiaries on the Protection and Developmentof the Marine Environment and the Coastal Areas inKuwait from 15 to 24 April 1978, which resulted in theKuwait Regional Convention for Co-operation on theProtection of the Marine Environment from Pollutionand its Protocol Concerning Regional Co-operation inCombating Pollution by Oil and Other HarmfulSubstance in Case of Emergency, giving rise to theestablishment of the Regional Organization for theProtection of the Marine Environment (ROPME) in1979.

The role of ROPME can be summarized as follows:• To assist Contracting States in the Preparation of

Laws and Regulations on National and RegionalLevel.

• To enhance Public Awareness towards theimportance of protection of the marine

environment from pollution.• To undertake Capacity Building by providing

training to Member States Experts.• To support Environmental Scientific Research.• To support Sea and Coastal Survey.• To establish a Database Centre of information.• To establish a GIS Centre for continuous evaluation

of Marine Environment status and make differentdata and information available.

• To establish a Satellite system receiving station forcontinuous monitoring.

Article III of the Protocol urges the establishment ofthe Marine Emergency Mutual Aid Centre(MEMAC) with the following objectives:• To co-operate in taking measures to protect thecoastlines and related interests of the ContractingStates.

• To maintain and promote the Contingency Plansand means of combating marine pollution.

• Furthermore, the Protocol gives MEMAC an areato move forward to the following operationalfunctions:

• -To collect and disseminate information regardinglaws, regulations, methods, techniques, researchesand experts.

• -To assist the Contracting States in the preparationof laws and regulations and marine emergencycontingency plans; transportation of personnel andequipment and material; transmission of reportsconcerning marine emergency and promoting anddeveloping training programmes.

- To prepare anti-pollution manuals.• -To develop a communication/information system.• -To establish liaison with regional and international

organizations.• -To prepare periodic reports on marine

emergencies.• -To perform any additional necessary function.

The obligations of the Member States are to provideMEMAC with the following:• -National contingency Plans.• -National laws and regulations.• -Information regarding new methods, techniques,

materials, procedures, planned researches anddevelopments.

• -To take appropriate action to combat pollution incase of emergency.

• -To inform the other Contracting States eitherdirectly or through MEMAC of the emergencysituation and the actions taken.

• -To call for assistance, if required, directly from the

other Contracting States or throughMEMAC.

Oil pollution in the ROPME sea areaThe ROPME Sea Area (RSA) , which startsfrom the South of Mina Reysut inOman/Arabian Sea up to the North of the Gulf,is one of the highest oil pollution risks in theworld. This is mainly due to the concentrationof offshore installations, tanker loadingterminals (26 loading points) and the hugevolume and density of marine transportation ofoil. It is estimated that 40% of oil entering theSea Area is caused by marine transportationactivities, which result in a total average inputof 1,100,000 barrels a year or approximately155,000 tons.

According to the Oil Spill IntelligenceReport, out of 20 cases of oil spills which aregreater than ten million gallons (about 34,000MT) worldwide, six cases have been related tothe ROPME Sea Area.

Furthermore, smaller scales of oil pollutionincidents are also numerous in the ROPME SeaArea. These incidents are resultedfrom offshore installations, submarine pipelines, tanker tanks washand sub-standard vessel incidents.

It is estimated that about 1 879 339MT of oil was spilled into ROPME SeaArea during the period between 1965to 2000. The greater quantity of oilslicks was due to the 1991 war where1 260 000 MT of oil was spilled in thenorth part of ROPME Sea Area.

The member States have givenMEMAC the green light to go aheadin dealing with this problem.MEMAC, in co-operation with the UNMultination Interception Force, hascarried out several oil spill salvageoperations whereby some 46,329.794MT were salvaged during the period between1997 to 2002. This amount of oil was definitelygoing to ROPME Sea Area and it would haveadded add to the existing pollution resultedfrom tankers’ tank wash.

Co-operation betweenMEMAC/ROPME and IMOAn Agreement of Co-operation between

MEMAC/ROPME and IMO was signed in1985. The Agreement states that the secretariatof ROPME and IMO may consult , whereappropriate, on the use of personnel, material,services, equipment and facilities for jointundertakings in fields of common interest tothem. Since them, MEMAC/ROPME and IMOhave undertaken several joint activities indifferent relevant fields including:

• ratification and implementation of MARPOL73/78 in the ROPME Sea Area,

• consideration of Special Area Status forROPME Sea Area,

• ratification and implementation of OPRC,• investigation on the current status of national

oil spill contingency planning for each ofthe ROPME Member state,

• investigation on the current status of regionalPlan on co-operation in case of major oil spillin the ROPME Sea Area,

• preparation of the Port State Control MOU

for the Region (1999), • conducting several workshops such as the

Workshop on Oil Spill Response at theManagerial, Supervisor and Operator Levelsin Combating Oil Spills.

MEMAC/ROPME representatives haveattended several IMO meetings, including: • Marine Environment Protection Committee

sessions MEPC-44 and MEPC-45

• The Technical Co-operation Meeting, • The Regular Session of the Assembly,• Joint IMO/UNEP Forum on Regional

Arrangements in Emergency Response tomarine Pollution,

• IMO OPRC Model Training Courses on OilPollution Preparedness and Response,

• The 52nd Session of the Technical Co-operation Committee.

By the same token, IMO experts andrepresentatives have attended many meetingsorganized by MEMAC/ROPME such as: • Preparatory Meeting of the RegionalSteering Committee on MARPOL 73/78Implementation • Port State Control Training Course • Second Regional Marine Environment

Protection Conference and Exhibition -MEPEX 2000 Workshop on National andRegional Contingency Plans, including Oil

Spill Emergency Drill and Oil SpillResponse at the Managerial,Supervisor and Operator Levels.

In accordance with IMOstandards and the region’srequirement, MEMAC/ROPMEhas organized a number of coursessuch as: the Equipment Operationand Maintenance Training Course(November 1999) and theTheoretical/Practical Oil SpillResponse Course.

All the practical training coursesand drills are carried out atMEMAC Regional Training Centre(MRTC) which located at MinaSulman seaport in the Kingdom of

Bahrain. MRTC consists of two lecture roomswith the capacity of 25 – 30 seats. It is equippedthe necessary oil spill combating equipment.MEMAC/RPPOME and IMO are in day to daycommunication with each other on issues ofmutual interest.

ROPME / MEMAC celebrate silver jubileeThe Regional Organization for the Protection of the Marine Environment (ROPME) and the Marine Emergency Mutual Aid Centre (MEMAC) are celebrating their Silver Jubilee this year.


46th session •10-19 March 2003 •

Sub-Committee on Ship Design and Equipment (DE) • From the meetingsIMO News

Anumber of draft resolutions and guidelines relating tobulk carrier safety were agreed during the 46th

session of the Sub-Committee on Ship Design andEquipment. The Sub-Committee also agreed draftamendments to extend the requirements for carriage ofimmersion suits on cargo ships, including bulk carriers,and progressed work on a host of other ship design andequipment issues.

The Sub-Committee agreed a draft MSC resolution onperformance standards for water level detectors on bulkcarriers, together with draft guidelines on their installationand testing, for submission to the Maritime SafetyCommittee’s next session (MSC 77, in May-June 2003) foradoption. In December 2002, the MSC adopted a newSOLAS regulation XII/12, expected to enter into force on 1July 2004, requiring the fitting of high level alarms andlevel monitoring systems on all bulk carriers.

The Sub-Committee also agreed a draft MSC circularattaching an interpretation addressing spaces whereavailability of pumping systems prescribed in paragraph 1of SOLAS regulation XII/13 is required, for submission toMSC 77 for approval. New SOLAS regulation XII/13, alsoadopted in December 2002, will require the means fordraining and pumping dry space bilges and ballast tanks,any part of which is located forward of the collisionbulkhead, to be capable of being brought into operationfrom a readily accessible enclosed space.

A draft MSC circular on Guidelines on early assessment

of hull damage and possible need for abandonment of bulkcarriers was agreed, addressing bulk carriers that may notwithstand flooding of any one cargo hold. The draftcircular contains information on the action to be taken incase of flooding of such holds, for possible posting in thebridge. The draft circular was also referred to NAV 49 andSTW 35 for concurrence prior to approval by MSC 78.

The Sub-Committee also agreed a draft MSC resolution,for submission to MSC 77 for adoption, which urgesGovernments to ensure that the IACS UnifiedRequirements S26, S27, S30 and S31 or subsequentrevisions are applied to ships flying their flags, whether ornot they are classed by a classification society being amember of IACS.

IACS URs S26, S27, S30 and S31 address, respectively,strength and securing of small hatches on the exposedforedeck; strength requirements for fore deck fittings andequipment; cargo hatch securing arrangements for bulkcarriers not built in accordance with UR S21 (Rev.2); andrenewal criteria for side shell frames in single side skinbulk carriers not built in accordance with UR S12 Rev.1.

Bulk carriers - steel repair standardsand shipbuilding practicesThe Sub-Committee agreed a draft MSC circular, forsubmission to MSC 77 for approval, reminding all thoseinvolved in the operation of ships of their obligations withrespect to ship design, construction, repair and

Bulk carrier safety – draft resolutions,guidelines agreed by Sub-Committee

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The Sub-Committee’s workon bulk carrier safetycontinues apace withseveral new measuresagreed at the 49th session(Edwards ship photos)


From the meetings • Sub-Committee on Ship Design and Equipment (DE)

• 46th session

• 10-19 March 2003

maintenance, in compliance with applicable SOLAS andLoad Lines requirements. The Sub-Committee also agreeddraft Guidelines for the survey of repairs.

A draft MSC circular on guidelines for bulk carrierhatch cover surveys and owners’ inspections andmaintenance was also agreed, making shipowners andoperators aware of the need to implement regularmaintenance and inspection procedures for closingmechanisms in existing bulk carriers in order to ensureproper operation and efficiency at all times.

The Sub-Committee agreed one preferred option inrelation to proposals to ban alternate hold loading of heavycargoes in the full load condition. Loading homogeneouslyin all holds results in a reduction in shear forces andbending moments.

The proposal, for future discussion at DE 47, is for thebanning of alternate hold loading, including sailing with

any hold empty, in the full load condition (agreed at 90% ofthe ship’s deadweight at the relevant freeboard) for bulkcarriers of single side skin construction of 150 m in lengthand over, constructed before 1 July 1999 (date of entry intoforce of SOLAS chapter XII), after reaching 10 years ofage, or constructed after 1 July 1999 if not in compliancewith SOLAS chapter XII and IACS UR S12 Rev 2.1. Theban would not apply to ships constructed before 1 July1999 if they comply with SOLAS chapter XII and IACS URS12 Rev2.1, neither to ships constructed after the date ofentry into force of the forthcoming amendments makingdouble side skin construction mandatory.

Double-side-skin construction The Sub-Committee agreed in principle to a preliminary

definition of “double side skin construction”, with a view tofurther consideration at MSC 77 in order to arrive at aworking definition which may be proactively used byowners that are considering ordering, or have recentlyordered, bulk carriers. The preliminary definitionstipulates a minimum internal transverse clearance withinthe double side skin space of 600 mm and a distancebetween outer and inner shell of not less than 1000 mm.

The Sub-Committee agreed preliminary definitions of“bulk carrier”, “bulk carrier of single side skinconstruction” and “bulk carrier of double side skinconstruction” for SOLAS chapter XII with a view to furtherconsideration by MSC 77 and finalization at DE 47.

The Sub-Committee discussed the development ofguidelines for the provision of detailed, comprehensiveand user-friendly information covering stability andlongitudinal stress characteristics of the ship’s hull during

loading and unloading. It wasagreed that DE 47 would furtherconsider the issue, when theoutcome of SLF 46, which is the co-ordinating Sub-Committee on theissue, will be taken into account.

The Sub-Committee brieflydiscussed the development ofinternational performancestandards for coatings of seawaterballast tanks and void spaces withindouble hull spaces which have to becoated according to current SOLASrequirements for ballast spaces. Itwas agreed to consider the issue indetail at DE 47.

The issue of making the use offree-fall lifeboats with float-freecapability mandatory on board bulkcarriers was discussed and draftamendments to SOLAS regulationIII/31 were developed, for further

consideration at DE 47. Currently, cargo ships includingbulk carriers may carry free-fall lifeboats, but they are notmandatory (SOLAS regulation III/31.1.2 and paragraph6.1.3 of the LSA Code).

Draft amendments to SOLAS to make carriage ofimmersion suits mandatory on all cargo ships, includingbulk carriers, were agreed.

The Sub-Committee in general supported proposals foramendments to the Guidelines on the enhancedprogramme of inspections during surveys of bulk carriersand oil tankers (resolution A.744(18)), but agreed thatbecause of the volume of work involved, it would requestthe MSC to extend the deadline for completion of the work

to 2004. In the meantime, the Sub-Committee agreed toestablish a correspondence group to progress the workintersessionally.

Immersion suits – new draft regulationsThe Sub-Committee agreed draft amendments to SOLASregulation III/32.3, relating to the carriage of immersionsuits, applicable to all cargo ships, including bulk carriers,for submission to MSC 77 for approval with a view toadoption.

The Sub-Committee also agreed draft amendments tothe 1988 SOLAS Protocol, as well as consequentialamendments relating to the records of equipment, forsubmission to MSC 77 for approval with a view toadoption.

The amendments are intended to introduce carriagerequirements for one immersion suit per person on boardall cargo ships, including bulk carriers. At present, theregulation requires carriage of at least three immersionsuits for each lifeboat on a cargo ship, as well as thermalprotective aids for persons not provided with immersionsuits.

With the adoption of the proposed amendments,immersion suits will become, as lifejackets, a personal life-saving appliance for each person on board and thus abetter thermal protection and chance of survival andrescue will be offered.

The Sub-Committee also agreed a draft MSC circular onguidelines for periodic testing of immersion suit and anti-exposure suit seams and closures, for submission to MSC78 for approval.

The Sub-Committee agreed to establish aCorrespondence group to review possible amendments tothe LSA Code, resolution MSC.81(70) on Recommendationon testing of life-saving appliances and circularMSC/Circ.980 on standardized life-saving applianceevaluation and test report forms .

The Correspondence Group will report to DE 47.

Measures to prevent accidents withlifeboats The Sub-Committee established a working group todiscuss issues under the Sub-Committee’s work plan forthe development of measures to prevent accidents withlifeboats. The work is intended to address theunacceptably high number of accidents with lifeboats thathave been occurring over recent years and in which creware being injured, sometimes fatally, while participating inlifeboat drills and/or inspections.

Following discussion in the working group, the Sub-Committee agreed action as follows:

The Sub-Committee agreed to draft amendments to

SOLAS regulation III/20, which covers operationalreadiness, maintenance and inspections for life-savingarrangements, for submission to MSC 77 for approval witha view to adoption by MSC 78.

The Sub-Committee also agreed to introduce importantoperational tests to be conducted during the weekly andmonthly inspections, i.e. moving the lifeboats from theirstowed position and turning out of lifeboats from theirstowed position, in the draft new regulations.

The Sub-Committee also agreed draft guidelines forperiodic servicing and maintenance of lifeboats, launchingappliances and on-load release gear, for submission toMSC 77 for approval. The draft circular would expand onand replace MSC/Circ.614 on Guidelines oninspection and maintenance of lifeboat on-load releasegear. The draft guidelines are aimed at enhancing the co-operation between ships’ personnel and the manufacturersof the lifeboat arrangements, by recommending that amanufacturer’s representative or a person properly trainedand certified by the manufacturer carry out all inspections,maintenance and repairs, other than weekly/monthlyinspections and routine maintenance.

The Sub-Committee agreed draft amendments toSOLAS regulation III/19.3.3.3, for submission to MSC 77for approval with a view to adoption by MSC 78. The textof the draft amendments would leave to the Master fulldiscretion for deciding the conditions in which suchtraining and drills should be conducted, bearing in mindthat the existing text of regulation III/19.3.1 would stillcontain the requirement for drills to be conducted, as faras practicable, as if there were an actual emergency.

The main point of the draft amendments is to ensurethat “all crewmembers have participated in a free-falllaunch within the last 18 months”, and that “each free-falllifeboat must be manoeuvred in the water by its assignedoperating crew at least every six months”.

The Sub-Committee agreed to refer the training relatedissues arising from the draft amendments to the Sub-Committee on Standards of Training and Watchkeeping(STW). The Sub-Committee agreed to add to its work plana short-term item on the development of guidelines forsafe practices on lifeboat drills, in co-operation with theSTW Sub-Committee.

The Sub-Committee also agreed to bring to the attentionof the MSC the potential problem of compatibility betweenvarious life-saving appliances, as illustrated by thereduction in effective capacity of survival craft associatedwith the mandatory carriage of immersion suits, possiblecompatibility issues with immersion suits and lifejacketsand the dangers and difficulties of bulkiness and snaggingassociated with the use of some approved lifejackets inconjunction with vertical-chute-type MESs.

The draft revised FishingVessel Safety Code wasfinalized, for submission toMSC in 2004 (Olav Moen)


From the meetings • Sub-Committee on Ship Design and Equipment (DE)

• 46th session

• 10-19 March 2003

Revision of the Fishing Vessel SafetyCode and Voluntary GuidelinesThe Sub-Committee finalized its revision of relevantchapters and sections of the draft revised FishingVessel Safety Code (part B) and Voluntary Guidelinesreferred to it by the Sub-Committee on Stability andLoad Lines and on Fishing Vessels Safety (SLF), whichis co-ordinating the revision.

The final draft text should be ready for submissionto the MSC for approval in 2004.

The revised Code and Guidelines will contain 11comprehensive chapters, covering: general provisions;construction, watertight integrity and equipment;stability and associated seaworthiness; machinery andelectrical installations and periodically unattendedmachinery spaces; fire protection, fire detection, fireextinction and fire fighting; protection of the crew; life-saving appliances and arrangements; emergencyprocedures, musters and drills; radiocommunications;shipborne navigational equipment; and crewaccommodation.

Development of draft Guidelines foron-board NOx monitoring andrecording devicesThe Sub-Committee agreed draft Guidelines for on-boardNOx verification procedure – Direct measurement andmonitoring method. The draft Guidelines and an

associated draft MEPC resolution will be submitted to theMarine Environment Protection Committee (MEPC) at its49th session in July 2003 for adoption. The aims of theguidelines are to help demonstrate compliance withMARPOL Annex VI on Prevention of Air Pollution fromShips, Regulation 13.

It is anticipated that enough ratification of Annex VI ofMARPOL 73/78 will be received during 2003, so that itmay enter into force during 2004.

Revision of resolution MEPC.60(33) onpollution prevention equipment inmachinery spacesThe Sub-Committee agreed on draft revised Guidelinesand specifications for pollution prevention equipment formachinery space bilges of ships and a covering draftMEPC resolution, for submission to MEPC 49 foradoption. The revision would update resolutionMEPC.60(33) on Guidelines and specifications for pollutionprevention equipment for machinery space bilges.

The Sub-Committee also agreed draft Revised Guidelinesand specifications for oil discharge monitoring and controlsystems for oil tankers and a covering MEPC resolution, forsubmission to MEPC 49 for adoption.

Large passenger ship safetyThe Sub-Committee discussed issues relating to largepassenger ship safety, referred to it by the MSC. The threeobjectives of the large passenger ship safety work-plan to be

tackled by the DE Sub-Committee are:

1. To review life-savingappliances andarrangementsrequirements with a viewto improving evacuationand recovery measures;

2. To develop measures toassess alternative designsand arrangements so thatnew concepts andtechnologies may bepermitted in lieu of theprescriptive regulation,provided that anequivalent level of safety isachieved; and

3. To consider measuresto ensure ships can safelyproceed to port after a fireor flooding casualty.

These are accompaniedby 16 “tasks”.

The Sub-Committee

reviewed work by a correspondence group on the tasksassigned to it and identified a number of tasks requiringfurther consideration. The Sub-Committee agreed to invitethe Committee to extend the target completion date of theitem to 2004 and earmarked a working group on the issuefor DE 47, following continued work by thecorrespondence group.

The Sub-Committee agreed to a draft MSC circular onInterpretations of the 2000 HSC (High-Speed Craft) Codeand SOLAS chapter X, for submission to the MSC. Theprovisions of the 2000 HSC Code took effect on 1 July2002. The interpretations of the Code have also receivedinput from the Sub-Committees on Fire Protection (FP)and Stability and Load Lines and Fishing Vessel Safety(SLF).

Amendments to SOLAS requirementson electrical installationsThe Sub-Committee agreed draft amendments to SOLASregulation II-1/45.10, relating to electrical installations inhazardous areas on board tankers, for submission to MSC78 for approval with a view to adoption. The amendments

update a reference to the standards published by theInternational Electrotechnical Commission, by referring tothe new standard IEC 60092-502 ‘Electrical installations inships – Tankers’.


An extension to the targetdate for completion of workon large passenger shipswas requested

A working group met todiscuss measures toprevent accidents withlifeboats (NASA Quest)


From the meetings

8th session •24-28 March 2003 •

The Sub-Committee on Bulk Liquids and Gases agreed tothe draft revised Annex I of the International Convention

for the Prevention of Pollution from Ships, 1973, as modifiedby the Protocol of 1978 relating thereto (MARPOL 73/78), aswell as the draft revised Oil Record Book, IOPP Certificateand the Unified Interpretations, for submission to the MarineEnvironment Protection Committee at its next session(MEPC 49, in July 2003) for approval.

The aim of the revision is to produce a user-friendly,simplified Annex I, on regulations for the prevention ofpollution by oil, incorporating the various amendmentsadopted since MARPOL entered into force in 1983. Theproposed new draft Annex separates hardware from operationalrequirements and makes clear the distinctions betweenrequirements for new ships and for existing ships (such asthe phasing-in of double hull requirements for oil tankers).

Application of MARPOL Annex Irequirements to FPSOs and FSUs

The Sub-Committee agreed a draft MEPC circular onGuidelines on the application of MARPOL Annex Irequirements to Floating Production, Storage and Offloadingfacilities (FPSOs) and Floating Storage Units (FSUs), forsubmission to MEPC 49 for approval.

The purpose of the Guidelines is to provide for uniformapplication of MARPOL Annex I to FPSOs and FSUs that areused for the offshore production and storage or for offshorestorage of produced oil.

Draft guidelines for approval ofalternative design methods agreedThe Sub-Committee agreed draft guidelines for the approvalof alternative methods of design of oil tankers underregulation 13F(5) of Annex I of MARPOL 73/78, forsubmission to MEPC 49 for approval.

Probabilistic methodology for oil outflow– explanatory notes agreedThe Sub-Committee agreed draft Explanatory Notes to thematters related to the probabilistic methodology for oiloutflow analysis, relating to the requirements prescribed indraft regulation 21 on accidental oil outflow performance ofthe revised MARPOL Annex I, for submission to MEPC 49for approval.

Review of Annex II of MARPOL 73/78The basis for the final text of the draft revised MARPOLAnnex II, on regulations for the control of pollution bynoxious liquid substances, was agreed.

However, the decision on the choice of pollutioncategorization system (i.e. 3-Category or 5-Category System)will still have to be decided by the MEPC before the finaldraft revised MARPOL Annex II can be prepared. Thesystem chosen will affect final regulations on stripping limits(referring to the amount of product that might be left in tanksafter emptying) and discharge criteria.

MEPC 49 is expected todebate this matter, takinginto account the potentialimpacts of the proposedsystems to the trade invegetable oil and domestictrade.

Amendments torequirements onelectricalinstallations in theIBC and IGCCodesThe Sub-Committeeagreed draft amendments to requirements on electricalinstallations in the International Code for the Constructionand Equipment of Ships Carrying Dangerous Chemicals inBulk (IBC Code) and the International Code for theConstruction and Equipment of Ships Carrying LiquefiedGases in Bulk (IGC Code) for submission to the MaritimeSafety Committee (MSC) at its 78th session in 2004 forapproval.

Evaluation of the safety and pollutionhazards of chemicalsThe Sub-Committee finalized text on the safety criteria forassigning carriage requirements, together with the criteriafor defining pollution categories and ship types on pollutiongrounds, for inclusion in the IBC Code.

IACS unified interpretations of IBC andIGC CodesThe Sub-Committee agreed draft unified interpretations ofthe IBC and IGC Codes for submission to MSC 78 forapproval.

Protection of personnel in transport ofcargoes containing toxic substances inall tankersThe Sub-Committee agreed a draft MSC circular onMinimum safety standards for ships carrying liquids in bulkcontaining benzene, intended to update MSC/Circ.752 onMinimum safety standards for ships carrying mixtures thebenzene content of which is 0.5 percent or more. The reviseddraft circular recognizes that chronic exposure to very lowconcentrations of benzene vapours in air, of the order of a fewparts per million, may cause leukaemia.

The Sub-Committee also agreed a draft MSC resolutionon Recommendation for safety data sheets for MARPOLAnnex I cargoes and marine fuel oils, which urges States toensure the supply and carriage of material safety data sheets.

The drafts will be submitted to MSC 77 in May-June 2003.

The Sub-Committee also agreed to further consider othertasks related to occupational health at BLG 9, taking intoaccount the contributions of the International LabourOrganization (ILO) and the World Health Organization (WHO).

Revision of Annex I of MARPOL 73/78completed

Sub-Committee on Bulk Liquids and Gases • From the meetings

A circular on MARPOLAnnex 1 application forFPSOs was agreed (Sigma Coatings)


11th session •7-11 April 2003 •

Sub-Committee on Flag State Implementation • From the meetings

The ultimate effectiveness of instruments adopted byIMO depends on them being implemented widely and

effectively and being enforced rigorously. IMO is eager toensure that standards it has developed through its variousconventions are properly applied and put in place on all ships.

To this end, the Sub-Committee on Flag StateImplementation (FSI), which met for its 11th session in April2003, has agreed that the new proposed draft Code for theimplementation of IMO instruments - which would outlinehow this should be achieved by all parties involved – wouldplay an important role in ensuring complete and uniformimplementation of IMO standards.

The proposed Code could be adopted by the 24th sessionof the IMO Assembly in 2005 following its furtherdevelopment by the FSI Sub-Committee and approval by thesenior technical Committees, the Maritime SafetyCommittee (MSC) and the Marine Environment ProtectionCommittee (MEPC).

The work on the development of the Code follows aproposal to develop amendments to resolutionA.847(20) on Guidelines to assist flag States in theimplementation of IMO instruments (adopted by theIMO Assembly in 1997) to update the Guidelines,introduce transparent criteria for properimplementation of IMO instruments by flag States,and to transform the Guidelines into a Flag StateImplementation Code, to be made, at a later stage,mandatory.

The Sub-Committee agreed that the proposed Codefor the implementation of [mandatory] IMOinstruments should cover the responsibilities ofMember States in their roles as flag States, port Statesand coastal States. It should be comprised of fourparts, including a first part dealing with commonissues concerning all stakeholders and threesubsequent parts relating to the flag, coastal and portStates. The Sub-Committee also recognized thatthere might be a need at a later stage, to differentiatebetween mandatory and recommendatory provisionsof the Code, if so decided by the MSC and MEPC.

The working title of the Code is “Code for theimplementation of [mandatory] IMO instruments”, with theword “mandatory” in square brackets for furtherconsideration, as the Sub-Committee did not agree at thisstage on whether or not to include it in the title.

The section on flag States is based on the originalresolution A.847(20). The Sub-Committee identified sixareas in need of further reflection and review: security; safemanning; communications and reporting; transfer of shipsbetween flag States; definitions; and obligations for States torestore the environment following a pollution incident.

The Sub-Committee agreed to establish a correspondence

group with the primary task of developing the parts relatingto coastal and port States as well as to further consider thepart on flag States. The group will submit its report to thenext FSI session in 2004.

It is intended that the draft Code will be compatiblewith the proposed voluntary IMO Model Audit Schemebeing developed, which is due to be considerd by theJoint MSC/MEPC/TCC (Technical Co-operationCommittee) Working Group to be established at MSC77 in May-June 2003.

Anti-fouling Convention – draft guidelines finalizedThe Sub-Committee finalized the remaining two sets of draftguidelines relating to the 2001 International Convention onthe Control of Harmful Anti-fouling Systems on Ships: draftGuidelines for brief sampling of anti-fouling systems anddraft Guidelines for inspections of ships anti-fouling systems.They will be submitted to MEPC 49 in July 2003 for adoptionby MEPC resolutions.

The Sub-Committee also agreed related draftamendments to resolution A.787(19), as amended byresolution A.882(21), on procedures for port States forsubmission to MEPC 49, with the understanding that theMEPC approves these at a future session, when the AFSConvention has entered into force, for submission to theAssembly for adoption.

Security issuesThe Sub-Committee discussed issues relating to theimplementation of the security measures adopted by IMO inDecember 2002 and agreed to develop global guidelines toassist port State control (PSC) authorities in the conduct ofPSC inspections relating to the ISPS Code before the entryinto force of the Code. The work will begin at the next session.

Code for implementation of IMOinstruments a step closer

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From the meetings

The draft Code onimplementation of IMOinstruments could play a keyfuture role in establishingand maintaining high qualityshipping, says FSI (Stolt)

Progress made by FAO andIMO on illegal, unreportedand unregulated fishing wasnoted (CCAMLR)


From the meetings • Sub-Committee on Flag State Implementation

• 11th session

• 7-11 April 2003

Unique IDs for shipowning andshipmanagement companiesThe Sub-Committee agreed on the benefits of developingunique IDs for companies and registered owners (similar tothe IMO number scheme for ships) for maritime safety andsecurity purposes and requested the MSC to put this subjecton the FSI Sub-Committee’s work programme.

IMO ship number on documentsThe Sub-Committee also agreed on the benefits for maritimesafety and security purposes of marking ships’ plans,manuals and other documents with the IMO shipidentification number and requested the MSC to put thissubject on the FSI Sub-Committee’s work programme.

Draft revised HSSC survey guidelinesfinalizedThe Sub-Committee finalized its work on the revision ofresolution A.746(18) on Survey Guidelines under theHarmonized System of Survey and Certification (HSSC), forsubmission to the MSC and MEPC, for subsequent adoptionby the Assembly in November 2003.

Meanwhile, the Sub-Committee agreed draft amendmentsto MARPOL 73/78 on introduction of the HSSC into AnnexVI on prevention of air pollution from ships for submissionto MEPC 49 for approval.

Parties urged to complete MARPOL73/78 reportsThe Sub-Committee strongly urged Parties to MARPOL73/78 to fulfill their reporting requirements under theConvention. If reported properly, data from the reportswould be useful in assessing the effectiveness of theapplication of the MARPOL Convention and also inpromoting the implementation of the Convention.

Mandatory reports for 2001 were submitted by 29 Partiesto MARPOL 73/78and one AssociateMember. Thisshows someimprovement overprevious years.

The reportsidentified: 21spillages of 50 tonnesor more of oil; 276spillages of less than50 tonnes; 80 reportsabout alleged

discharge violations; two reports of alleged inadequacy ofreception facilities; and two reports of action taken onalleged inadequacy of reception facilities.

While the compliance rate of certification and equipmentrequirements of MARPOL 73/78 may be regarded as good(between 86% and 100% with total average above 95%), 73

ships were reported to have no IOPP Certificate orequivalency, 629 ships were reported to have IOPPCertificate or equivalency discrepancy, 103 ships werereported to have no Oil Record Book or equivalency, 1,846ships were reported to have Oil Record Book or equivalencydiscrepancy, 155 ships lacked the required pollutionprevention equipment on board and 1,099 ships hadrequired equipment not functioning.

The total number of ships boarded for port State controlwas, according to the received reports, 61,518 for 2001,while the total number of ships detained in port or deniedentry was 671, or 1.1% of those boarded.

Self-assessment of flag Stateperformance The Sub-Committee continued its work in developing thedatabase on information from the self-assessment of flagState performance forms.

However, Member States which had not already done sowere urged to submit their completed Self-AssessmentForms or supply updates as soon as possible. Out of IMO’s162 Member States and three Associate Members, only 50have so far submitted their SAFs and only 16 of them haveprovided updated information on their previously submittedSAFs.

Illegal, unregulated and unreported(IUU) fishing The Sub-Committee noted progress made by the Food andAgriculture Organization of the United Nations (FAO), incollaboration with IMO, on port State measures to combatillegal, unregulated and unreported (IUU) fishing.

The Sub-Committee also strongly urged Member Statesto consider becoming Parties to the 1993 TorremolinosProtocol and the 1995 STCW-F Convention at the earliestopportunity and called for submissions relating to theinvestigation of the difficulties associated with the ratificationand implementation of these instruments.

Currently, there are only four Contracting Parties to theSTCW-F 1995 Convention, while the minimum of 15 States isrequired for the entry into force of the Convention, and 9Contracting Parties to the 1993 Torremolinos Protocol, withan aggregate fishing vessel fleet consisting of approximately3,000 units, as opposed to the minimum of 15 States with acorresponding aggregate of 14,000 units required for theentry into force of the Protocol.

Ship recycling The Sub-Committee provided advice on ship recycling-related matters to MEPC 49 with regard to the de-registration of ships before recycling, the issue of lastvoyages and port State control.


IMO’s Legal Committee made substantial progressin developing a draft wreck removal

convention and in its revision of the Convention for theSuppression of Unlawful Acts against the Safety of MaritimeNavigation, 1988, and its Protocol of 1988 relating to FixedPlatforms Located on the Continental Shelf (SUA Conventionand Protocol) during its 86th session in April 2003.

Wreck removalThe Committee reviewed the current draft text of theproposed draft Wreck Removal Convention (WRC), asdeveloped by a Correspondence Group, focusing inparticular on jurisdiction and financial security issues.

A submission on the mandate of IMO to regulate coastalState intervention powers in the EEZ, prepared by the IMOSecretariat, in consultation with the Division of OceanAffairs and the Law of the Sea, Office of Legal Affairs, UN(DOALOS), notes that:

• IMO’s competence to consider and adopt a treatyregulating coastal State intervention in the EEZ for thepurposes of wreck removal coincides with IMO’suniversal mandate to adopt global regulations for thesafety of navigation and the prevention of marinepollution;

• the United Nations Convention on the Law of the Sea(UNCLOS) does not inhibit the development of newtreaty instruments, which IMO may develop even if theUNCLOS is silent on this matter, provided only that anysuch instruments are not inconsistent with the provisionsof UNCLOS.

The Working Group on Wreck Removal looked in detail atthe draft text and its report will be circulated ahead of thenext session (LEG 87) scheduled for October 2003. In themeantime, the CorrespondenceGroup was instructed to furtherdevelop the draft text.

The WRC is intended to provideinternational rules on the rightsand obligations of States andshipowners in dealing with wrecksand drifting or sunken cargowhich may pose a hazard tonavigation and/or pose a threat tothe marine environment. The draftConvention currently beingconsidered by the LegalCommittee is intended to clarifyrights and obligations regardingthe identification, reporting,locating and removal of hazardouswrecks, in particular those foundbeyond territorial waters, and thepossible need for financial security

arrangements to cover liability for costs of removal of suchwrecks.

Review of SUA Convention and ProtocolFollowing detailed discussion of the proposed text of draftamendments to the SUA Convention and Protocol, based onthe work of a Correspondence Group, the Committee askedthe Correspondence Group to continue the work, with theobjective of having draft texts ready for consideration by adiplomatic conference in 2004 or 2005.

The review of the SUA Convention and its relatedProtocol followed the unanimous adoption in November2001 by the IMO Assembly of resolution A.924(22) callingfor a review of measures and procedures to prevent acts ofterrorism which threaten the security of passengers andcrews and the safety of ships.

The main purpose of the SUA Convention and its relatedProtocol is to ensure that appropriate action is taken againstpersons committing unlawful acts against ships. In thepresent Convention, these acts include the seizure of shipsby force; acts of violence against persons on board ships;and the placing of devices on board a ship which are likelyto destroy or damage it. The proposed amendments wouldsignificantly broaden the range of offences and make itmore relevant to modern conditions.

The current Convention obliges Contracting Governmentseither to extradite or prosecute alleged offenders therebyensuring that those responsible for perpetrating acts ofviolence against or on board ships, will be brought tojustice, wherever in the world they seek to hide.

It was agreed by the Committee that there was a need toamend the SUA treaties in the light of the new situationarising from the increase in international terrorism. It was

86th session •28 April - 2 May 2003 •

Legal Committee (LEG) • From the meetings

Wreck removal convention, revisedSUA treaties nearing completion

The draft Wreck RemovalConvention moved nearercompletion after muchprogress at LEG 86


acknowledged that in this new situation, maritime interestsare widely exposed to risks such as the use of ships asweapons and the transportation of material that might leadto the proliferation of weapons of mass destruction. Theneed to develop new SUA instruments seemed overdue onaccount of the dramatic change of circumstances since theadoption of the original treaties in 1988.

During discussion on specific issues in the proposed draftamendments, the Committee agreed to insert a reference tothe protection of rights and freedoms of seafarers in theproposed texts.

There was extensive discussion on the implications ofhow the inclusion of new offences in article 5 of the draftprotocol would impact on the original scope of the SUAtreaties, while the Committee recognized that there was aneed to include offences against security of navigationalongside with the existing offences against the safety ofnavigation.

A number of other issues, including possible inclusion ofa provision for boarding of vessels, were discussed on apreliminary basis.

The re-established Correspondence Group has beencharged with continuing the work, including taking intoconsideration other conventions and protocols relating toterrorism; continuing the review of the offences in article 3of the 1988 SUA Convention and article 2 of the 1988 SUAProtocol to ensure that a wide range of unlawful acts,including terrorist acts, are sufficiently covered by these twoinstruments in light of the experience of 11 September, 2001;and addressing the revision of the offence provisions andthe further development of the provisions relating to boarding.

The SUA Convention has been ratified atend March 2003 by 87 States, representing75.74 per cent of world merchant shippingtonnage and the SUA Protocol has beenratified by 79 States, representing 75.41 percent of world merchant shipping tonnage

Regional EconomicIntegration Organizationsbecoming Parties to TreatiesThe Committee discussed a resolutionadopted by the 2002 Conference (whichadopted the 2002 Protocol to the AthensConvention) which called for theOrganization to carry out a study of regionaleconomic integration organizationsbecoming parties to treaties and, if foundnecessary, to develop appropriate provisionswhich may be considered for inclusion innew treaties.

This follows the inclusion in the 2002Protocol to the Athens Convention Relating

to the Carriage of Passengers and their Luggage by Sea,1974 of an article which states that a Regional EconomicIntegration Organization, which is constituted by sovereignStates that have transferred competence over certainmatters governed by this Protocol to that Organization, maysign, ratify, accept, approve or accede to the Protocol.

The Committee agreed to request the Secretariat todetermine what provisions on regional economic integrationorganizations have been introduced into other conventions.

Implementation of the HNS ConventionThe Correspondence Group on Implementation of the HNSConvention (International Convention on Liability andCompensation for Damage in Connection with the Carriageof Hazardous and Noxious Substances (HNS) by Sea, 1996)informed the Committee of a meeting of interested States totake place in Ottawa, 3-5 June 2003. The meeting will markan important step in the work of the Legal Committee topromote implementation of the HNS Convention and willprovide the opportunity to finalize the core work on thearrangements and options for implementation of this keyIMO Convention prior to the report of the CorrespondenceGroup to the eighty-seventh session of the Legal Committeein October 2003.

An overview of the HNS Convention, including a link tothe Correspondence Group’s website, is included on theIMO website at http://www.imo.org/home.asp?topic_id=673

The HNS Convention is intended to add a vital link in theinternational compensatory regime for pollution damage at sea.

At end March 2003, the HNS Convention has beenratified by three States, representing 1.87 per cent of world

From the meetings • Legal Committee (LEG)

• 86th session

• 28 April - 2 May 2003

Liability and compensationfor incidents involvinghazardous and noxioussubstances are covered bythe HNS Convention, butonly three States have so farratified (US Coast Guard)


POSITION GUIDE ONLY

merchant shipping tonnage. A further eight States havereported they are in the process of taking steps toimplement the Convention.

For entry into force, the HNS Convention requiresratification by 12 States, four of which have not less thantwo million units of gross tonnage, provided that personsin these States who would be responsible to paycontributions to the general account have received a totalquantity of at least 40 million tonnes of contributing cargoin the preceding calendar year.

Seafarer claimsThe work of the Joint IMO/ILO Ad Hoc Expert WorkingGroup on Liability and Compensation regarding Claims forDeath, Personal Injury and Abandonment of Seafarers,which held its fourth session from 30 September to 4October 2002 was reviewed. The Committee agreed on theimportance of the implementation of resolutions A.930(22)Guidelines on Provision of Financial Security in Cases ofAbandonment of Seafarers and A.931(22) Guidelines onShipowners' Responsibilities in respect of ContractualClaims for Personal Injury to or Death of Seafarers.

The Committee agreed in principle to the establishmentof a database on incidents of abandonment reported to theIMO/ILO, subject to funding considerations by the IMOCouncil and ILO Governing Body. It welcomed the offer ofthe International Ship Suppliers Association (ISSA) to helpwith funding.

Places of refugeThe Committee reviewed the draft Assembly resolution onGuidelines on places of refuge for ships in need ofassistance and draft Assembly Resolution on Guidelines ona Maritime Assistance Service (MAS), prepared by theSub-Committee on Safety of Navigation (NAV). TheCommittee agreed on the need for urgent guidelines onplaces of refuge.

There was wide agreement in the Committee that shipsin distress situations are covered by the current liabilityand compensation regime, i.e., those conventions whichare in force such as the 1992 CLC and the 1992 IOPCFund Convention, along with those which have beenadopted but have not yet entered into force (HNS,Bunkers, and the 1996 LLMC Protocol), as well as thoseunder development such as Wreck Removal and theSupplementary Fund to the IOPC Fund Convention,scheduled to be adopted at a conference in mid-May. Itwas recognized there might be gaps since not all shipswere subject to compulsory insurance requirements andnot all States were party to the relevant instruments. TheCommittee agreed that a comprehensive examination ofthis matter would be conducted once the results of theCMI study were available.

The Committee agreed to suggest the draft resolution

on Guidelines on places of refuge include a paragraphrequesting the Legal Committee to consider theGuidelines from a legal perspective.

A list of potential legal issues arising from the draftguidelines will be forwarded to the NAV Sub-Committeefor its review. The Legal Committee offered to review thefinalized draft resolutions emanating from the MSC inMay-June and the NAV Sub-Committee in July, if sorequested by the MSC, and it could make its finalcomments on the draft resolutions at its next session inOctober and submit them directly to the Assembly inNovember-December 2003.

The Committee noted that it was awaiting the results ofa study on places of refuge being conducted by the IMOSecretariat, in co-operation with the International MaritimeCommittee (CMI). The Committee urged Member States,which had not already done so, to respond to thequestionnaire on places of refuge that had been issued.The responses to the questionnaire will allow for acomprehensive review of the provisions of existinginternational instruments and of national law dealing withthe liability and compensation and their application toplaces of refuge.

Measures to protect crews andpassengers against crimes on vesselsThe Committee agreed to include an agenda item onMeasures to protect crews and passengers against crimeson vessels for future sessions, following a submission fromJapan which highlighted the problems arising from thelack of a current maritime regime to deal with offencescommitted on board a vessel travelling far away from itsflag State.

The submission noted two possible solutions to theproblem: firstly, the establishment of a legal scheme toenable the captain of the vessel to act at his discretion inthe same way as the captain of an aircraft under theConvention on Offences and Certain Other ActsCommitted on Board Aircraft, 1963 (Tokyo Convention);and secondly, the adoption of a resolution regarding co-operation between relevant States to facilitate a promptsolution.

Several delegations noted that the problem of how tooblige coastal States to accept alleged criminals intocustody was both serious and complex. Administrationswere urged to complete a questionnaire issued by the CMIon criminal offences committed on board foreign flaggedvessels in order to enable a more detailed discussion totake place at the next session of the Committee.

From the meetings • Legal Committee (LEG)

• 86th session

• 28 April - 2 May 2003

28 IMO NEWS No.2 2003 www.imo.org. www.imo.org. No.2 2003 IMO NEWS 29

IMO at work

Five international organizations, includingIMO, are co-sponsors of a series of

concurrent workshops during the InternationalConference on the Sustainable Development ofthe East Asian Seas.

The conference is scheduled to take placefrom 8 to 11 December 2003 in Kuala Lumpur,Malaysia. It is one of the main features of theEast Asian Seas Congress 2003, a regionalimplementation of the commitments for theseas of East Asia at the World Summit forSustainable Development.

As well as IMO, the five sponsoringorganizations include the United NationsEnvironment Programme-Global Programmeof Action for the Protection of the MarineEnvironment from Land-Based Activities(UNEP-GPA), UNDP-GEF Regional ServiceCentre, the WorldFish Centre, and the Ship andOcean Foundation (SOF).

The international conference is focused ontwo themes: a review of international andnational efforts towards addressing the mainsectoral concerns regarding the seas of eastasia; and a study of essential cross-sectoralapproaches and processes towards achievingsustainable development. There will be fourconcurrent workshop sessions under each theme.

IMO will co-organize theworkshop on maritimetransport, covering shippingand port management,implementation of IMOinstruments, and newregional initiatives.

The UNEP-GPA will co-organize a workshop onland-based pollution whichcovers land-based sourcesof pollution, physicalalterations and destructionof coastal habitats, andimplementation of the GPA,while the WorldFish Center will co-organize theworkshop on fisheries and aquaculture. Aworkshop on biodiversity will be co-organizedby the UNDP-GEF Regional Service Center inKuala Lumpur and the SOF is to co-organizethe workshop on national coastal policies andregional collaborative arrangements.Workshops on local governance and alliances;skills and expertise; and finance, investmentsand corporate responsibility will be organizedby PEMSEA.

The international conference will bringtogether concerned stakeholders-policymakers, economists, environment and

natural resource managers,NGO representatives, mediapractitioners, the academeand other members of civilsociety and the private sectorto discuss the ways andmeans to strengthenregional collaboration,promote synergies andlinkages among existingregional and globalprogrammes, and worktowards achievingsustainable coastal andocean development in theEast Asian region. It is being

organized by the GEF/UNDP/IMOPartnerships in Environmental Managementfor the Seas of East Asia (PEMSEA),Department of Environment Malaysia, andhosted by the Malaysian Ministry of Science,Technology and the Environment.

“It will be particularly relevant to the currentglobal focus on sustainable development andthe emphasis on the need to chart futurecourses of action among countries in the EastAsian region”, said PEMSEA RegionalProgramme Director Dr. Chua Thia-Eng.

IMO and the Tokyo MOUjoin hands in PSC training

To promote harmonization of Port State Control activities inAsia and the Pacific Island countries, IMO and the Tokyo

MOU jointly organized a three-week regional training course onport State control in Yokohama, Japan, from 24 September to 11October 2002. The course was attended by 18 trainees from 14 countries, tenfrom the Tokyo MOU Member Authorities and eight selected byIMO from countries outside the Tokyo MOU scheme. A secondsuch training course is planned for November 2003.

IMO supports 2003 East Asian Seas Congress

IMOSecretary-General Mr. William O’Neil has received a special Award from TheRt. Hon. Alistair Darling, MP, UK Secretary of State for Transport, in

recognition of the valuable contribution he has made to the Seatrade Awards over theyears, and to mark his retirement from the role of Chairman of the judging panel.

The Seatrade Awards programme was introduced to highlight and recognise theindustry’s efforts in improving maritime standards, and to award those at the forefront ofnew thinking. The independent judging panel was chaired for the fourteenth consecutiveyear by Mr O’Neil. Seatrade Managing Director Mr Chris Hayman said “We would like tothank William O'Neil for his tireless support of the Seatrade Awards scheme since he tookover the IMO helm in 1990.”

Seatrade gives special award

Fifty-seven delegates from all theMediterranean coastal States, the

European Commission, the InternationalMaritime Organization (IMO) and theCoordinating Unit for the MediterraneanAction Plan (UNEP/MAP), attended the 6thREMPEC Focal Points Meeting in Malta fromthe 12th to the 15th February 2003. Sixteenrepresentatives from the Regional ActivityCentres of MAP, NGO's and otherinternational institutions also participated inthe Meeting.

The meeting discussed the new strategy forthe implementation of the new Prevention -Emergency Protocol, adopted in January2002, taking into consideration the lessonslearnt from recent major accidents such asthe Erika, Ievoli Sun, Castor, and Prestige.

Among other issues, the Meeting agreed that:

• the strategy should focus on issues directlyrelated to the new Prevention andEmergency Protocol and to the newmandate of REMPEC:

• the ratification and effective implementationof the relevant international conventions isessential for the protection of the marine

environment in the Mediterranean:• REMPEC should play a significant role in

harmonizing the policies of theMediterranean coastal States with regardsto the prevention of pollution from ships.

Furthermore the Meeting approved thepreliminary draft programme of REMPEC'sactivities for the biennium 2004 - 2005 andendorsed the proposal that the nationalauthorities responsible for maritime affairs beincluded in the list of official contacts ofREMPEC.

6th Meeting of REMPEC Focal Points

Canada and IMO sign agreement

Director General Marine Safety of Transport Canada Mr GerardMcDonald and IMO Secretary-General William O’Neil complete

the signing of a Memorandum of Understanding between Canadaand IMO. Under the terms of the Memorandum, Canada and IMOagree to establish a working relationship for technical co-operation inwhich Transport Canada will provide experts on a no-fee basis orrecommend other Canadian sources of expertise where appropriate.

Kuala Lumpur – conference venue

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IMO at work

The number of States that have ratified theSTCW-F convention, concerned with

training standards in the fishing industry,remains far short of the 15 required for theConvention to enter into force. Following theadoption of IMO resolution A.925, whichurges the global and effective implementationof the 1993 Torremolinos Protocol and the1995 STCW-F Convention, IMO Secretary-General William O’Neil wrote to Governmentsof countries owning large fishing vessel fleetsurging them to consider accepting theConvention at the earliest opportunity.

At the same time, the IMO Secretariatinitiated action to promote the implementationof the STCW-F Convention and the relatedFAO/ILO/IMO Document for Guidance onTraining and Certification of Fishing VesselPersonnel, through a series of regional seminars.

The first of these was held in Busan, theRepublic of Korea at the end of last year andthe latest in the United Republic of Tanzaniain March 2003. Secretary-General O’Neil hasexpressed his thanks to the Governments ofthe Republics of Korea and Tanzania forhosting these regional events and the hopethat more Member Governments will now seethe benefits of meeting the training standardsof the STCW-F Convention and therebyimprove the safety of those engaged in thisoften hazardous occupation.

Regional seminarspromote fishingstandards

On the 27th and 28th February 2003REMPEC convened a Meeting of

representatives from the national authoritiesof Croatia, Italy and Slovenia to discuss thedevelopment of a Subregional ContingencyPlan for the Northern Adriatic and thepreparation of an agreement for itsimplementation.

The initiative, within the framework of theexisting Trilateral Commission for theProtection of the Adriatic Sea and its CoastalArea and supported by the Meetings ofREMPEC Focal Points, was very much inconformity with the Centre’s mandate toassist the coastal States of the Mediterraneanregion in developing sub-regional agreementsfor co-operation in dealing with majorpollution incidents.

The objectives of this first technicalmeeting were to agree on the form and thescope of the sub-regional contingency plan,the procedure for its adoption andimplementation, as well as on a workplan for a

programme of activitiesfor the achievement ofthe identified goals.

The Meeting agreedthat REMPEC shouldhire a consultant whowill prepare a draftsubregional contingencyplan and that thecountries will provide theCentre with allnecessary informationconcerning their existing nationalarrangements for preparedness and responseto accidental marine pollution that need to beincluded in the Subregional ContingencyPlan. According to the workplan adopted bythe Meeting, the first draft will be submittedfor consideration to the three countries in thebeginning of the year 2004. The secondMeeting of the competent nationalauthorities, scheduled for April 2004, willdiscuss and amend as necessary the draftPlan and agree on the form and modalities of

signing the agreement on itsimplementation. Eventually,the Meeting was of theopinion that the subregionalagreement could be signedin June 2004 and decided toorganize at the same time ajoint spill response exercisein order to test the provisionof the SubregionalContingency Plan.

Although the programmeappears to be ambitious, the commitment ofthe three countries concerned to develop asubregional contingency plan and to sign,within the framework of the EmergencyProtocol to the Barcelona Convention, anoperational agreement for its implementation,offers a guarantee that another part of theMediterranean will soon significantly increaseits level of preparedness to face a seriousmarine pollution incident.

North Adriatic - pollution contingency plan takes shape

Mr. Sung K. HUH, Minister ofMaritime Affairs and Fisheries,

Republic of Korea, and IMO Secretary-General William O’Neil have signed anMOU on Technical Co-operation. Thepurpose of the MOU is to establish aTrust Fund to be called the"IMO/ROK Programme of TechnicalCo-operation" and for the Republic ofKorea to provide annual financialsupport for the implementation ofselected ITCP activities and fornationals from developing countries toattend the WMU.

Venezuela hasconferred the Medal

of Merit of the MerchantMarine of Venezuela onIMO Secretary-GeneralWilliam O’Neil. Mr O’Neilwas presented with thehonour at a ceremony atthe Venezualan Embassyin London byContralmirante FreddyAngulo Bustillos,President of the InstitutoNacional de EspaciosAcuaticos de la RepublicaBolivariana de Venezuela,in recognition for hiscontribution to theinternational maritimecommunity.

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