March 2006
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During March 2006 IFSMA attended the following IMO and or ILO meetings:- The Sub-Committee on Radio Communication and Search and Rescue, (COMSAR) 10th session: 6th – 10th March 2006, 2nd Session of the IMO/ILO Joint Ad Hoc Expert Working Group on the Fair Treatment of Seamen: 13th to 17th March 2006., The Marine Environment Protection Committee (MEPC) 20th to 25th March 2006 On the 8th March 2006, a meeting was held on HQS Wellington with the World VTS Guide Board. IFSMA was represented by the Secretary General. The Secretary General also attended and gave a presentation on Criminalisation of Seafarers to the Pynda 35 Seminar On March 25th the Missions to Seaman celebrated their 150th anniversary at a service held in Westminster Abbey; The Secretary General represented IFSMA at this Service. The Sub-Committee on Radio Communication and Search and Rescue, 10th Session: 6th – 10th March 2006 Long-Range Identification and Tracking Draft performance standards and functional requirements for LRIT were agreed by the Sub-Committee and have been the Maritime Safety Committee (MSC 81) in May for consideration. The proposed draft SOLAS regulation on LRIT, which will be considered by the MSC for adoption, foresees:
The LRIT system architecture will consist of a number of LRIT Data Centres (National, Regional, Co-operative, or International) which interface and exchange information with each other through an International LRIT Data Exchange and which provide LRIT information to the LRIT Data Users (Contracting Governments and Search and rescue services) who opt to use their services. The main functions of an LRIT Data Centre should be:
It was agreed that each Contracting Government should instruct the ships entitled to fly their flag to transmit the LRIT information to the LRIT Data Centre selected by that Contracting Government. Passenger ship safety The Sub-Committee reviewed the tasks assigned to it in relation to the ongoing work by IMO on passenger ship safety. The guiding philosophy for the holistic programme of work on passenger ships safety is based on the premise that the regulatory framework should place more emphasis on the prevention of a casualty from occurring in the first place and that future passenger ships should be designed for improved survivability so that, in the event of a casualty, persons can stay safely on board as the ship proceeds to port. Draft amendments to SOLAS chapter III on recovery arrangements for the rescue of persons at sea were agreed, for submission to the MSC. The draft amendments would state that all SOLAS ships must be equipped to recover persons from the water and/or survival craft and rescue craft, and give functional requirements for achieving this. The Sub-Committee also agreed, for submission to the MSC :
Use of cellular (mobile) telephones in maritime distress alerting The Sub-Committee discussed the lack of a common worldwide approach on the use of mobile telephones in maritime distress alerting and agreed proposed draft amendments to the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR manual), relating to the use of cellular (mobile) telephones. The proposed amendments stress the fact that while popular, inexpensive, and multi-purpose, these devices have limitations in emergencies involving SAR in the maritime environment, and, therefore, the advantages dedicated marine communications systems should continue to be stressed by national administrations. In particular, where installed, cellular phone coverage in the maritime environment can be limited, intermittent, or non-existent, based on several factors including cellular tower accessibility and orientation in relationship to a cellular telephone call initiated from an offshore or coastal area. However, cellular service providers may be able to provide some help in finding the position of callers in an emergency. The Sub-Committee also agreed a liaison statement to the International Telecommunication Union (ITU), which concerns the possibility of creating a single common international cellular phone number for possible use by SOLAS ships within range of national cellular networks. Calls to this number would be directly routed to the national SAR Authority (MRCC) within the applicable Search and Rescue Region (SRR) from which the call is made, along with positional and caller identification information as is able to be made available. This common international SOLAS SAR number could be promulgated in nautical publications maintained by SOLAS ships. SART - revised performance standards endorsed The Sub-Committee endorsed proposed draft amendments to the performance standards for Search and Rescue Transponder (SART) (currently resolution A.802(19)) The Sub-Committee also endorsed preliminary draft performance standards for survival craft AIS Search and Rescue Transmitter (AIS-SART) to supplement the existing SART performance standards. The Sub Committee noted that it was important to ensure that the definitions of AIS Search and Rescue Transmitter (AIS-SART) and Search and Rescue (radar) Transponder (SART) were clear, so as to avoid confusing two distinct technologies. Exchange of medical information - draft circular agreed The Sub-Committee agreed a draft MSC circular on Guidance on exchange of medical information between telemedical assistance services (TMAS) involved in international SAR operations. The circular provides a common form to facilitate the transfer of all available and relevant medical information between TMAS, MRCCs and ships Criteria for provision of communication systems in the GMDSS - revision agreed The proposed revisions note the decision of the MSC that the International Mobile Satellite Organization (IMSO) is the appropriate organization to carry out the required oversight of mobile-satellite services for the GMDSS. The revised resolution sets out the following general procedure: (a) IMO establishes the regulatory regime, via the revision of resolution A.888, which states that IMSO evaluates and approves satcom companies to participate in the GMDSS, undertakes the oversight on a continuing basis and keeps IMO (MSC) informed; (b) the Company applies - through its Government - to IMO. The application is reviewed by the MSC - which has a general discussion of principles and policy issues only - and forwards the application to IMSO; and (c) IMSO verifies the information provided and evaluates the application (the process is open and transparent with IMO and the sponsoring Government involved as Observers), decides on the acceptability of the applicant (based on criteria established by IMO in the revised resolution A.888) and, if appropriate, recognizes the applicant's services and conducts ongoing oversight. IMSO is also responsible for ensuring compliance - including any resulting enforcement procedures. Tsunami warning system The Sub-Committee was updated on the status of the Indian Ocean Tsunami Warning and Mitigation System (IOTWS) , which formally came into existence in June 2005 at the 23rd Assembly of the UN Educational, Scientific and Cultural Organization/ Intergovernmental Oceanographic Commission (UNESCO/IOC) in Paris with the establishment of an Intergovernmental Co ordination Group (ICG) to govern it. The architecture of the IOTWS was based on the establishment of national tsunami centres capable of issuing warnings in each of the participating countries through radio and TV broadcast and, possibly, mobile phone services. Between May and September 2005, national assessments of 16 countries in the vicinity of the Indian Ocean were conducted to identify capacity building needs and support requirements for the establishment of an Indian Ocean Tsunami Warning System (IOTWS). By July 2006 it is intended that an initial system will be operating utilizing 28 additional tide gauges and 25 seismic stations will be in place, together with the first three out of 60 planned open ocean buoys and updated communication facilities for data and warning exchange. Nevertheless implementing the complete system including all the intended instrumentation updates, the installation of all national warning centres as well as ensuring the effective communication of all warnings to the possibly affected population along the coasts will not be in place before the turn of the decade. It was recognized that in respect of the threat to shipping, a tsunami poses a significant risk only to those ships in shallow waters and in port areas; ships in port are not required to maintain watch on GMDSS communications equipment, consequently a separate system for promulgating warning messages needs to be established within each port; and tsunami warnings need to be sent to those ships most at risk in a rapid manner. The IMO/ILO Joint Ad Hoc Expert Working Group on the Fair Treatment of Seafarers 13th to 17th March 2006 The working group followed the ILO structure rather than the normal proceedings of an IMO working group. That is to say that the actual working group consists of sixteen members, namely eight administrations representing the flag States, four delegates representing the trade unions and four delegates representing the ship-owners. The unions and the ship-owners are jointly referred to as the social partners. Other administrations and NGOs attend and can express their views but carry no vote. When the meeting started there were three draft proposals submitted; the joint social partner’s proposal, the USA’s proposal and IFSMA’s proposal. IFSMA's draft guidelines appeared in the annex to the submission that concentrated on principles of importance: (a) the prompt release of seafarers and to preclude unwarranted constraints on their freedom consequent on a maritime accident, and (b) shared responsibility of the ship-owners and States, severally and jointly, for the welfare of seafarers (and their families) involved in maritime inquiries, investigations or examinations." After a heavy week of debate guidelines were drafted and briefly may be described as follows: Port or coastal states should take step to ensure that investigations are conducted with speed, civility and full regard to seafarers' legal and human rights and their special position in the jurisdiction in which they find themselves in. References are made to rights of individuals and duties of governments under the Vienna Convention on Consular Relations, MARPOL 73/78, the IMO Code for the Investigation of Marine Casualties and Incidents. The obligations of flag states were enumerated and consist mainly, in relation to fair treatment of seafarers, by assisting (when not conducting their own casualty investigation) other states and to facilitate fair treatment of seafarers serving on ships flying that state's flag. The seafarers' state has similar moral, if not legal, obligation to assist seamen who are its nationals or have rights of residence in the country. Guidelines for ship-owners and for seafarers were the most difficult to frame. The former were concerned about protecting their legal position as owners of property and obligations under contract/s as well as exposure to costs of welfare items for seamen detained in foreign ports. The trade unions' chief concern was to protect seamen from exposing themselves to criminal processes by making statements without legal advice and not being familiar with rights to silence and self-incrimination. In the end, a rather minimalist approach to the fair treatment problem prevailed. That is not to deny the almost universal desire to treat seamen fairly in investigative processes, but finding the solution cannot be done before we thought through what the guidelines are really for. The variety and importance of circumstances for governments that trigger maritime investigations that involve or affect seamen cannot be reflected in a 'one fits all' document, whether in form of guidelines or mandatory instrument. 'Horses for courses' is also true for investigations following maritime accidents, because some have more personally harmful or undesirable consequences for seamen and the ship-owner than others. More work will have to be done in the future and it may be necessary to have separate rules governing each party. Hopefully, the Joint Working Group will remain in existence to monitor the fair treatment of seafarers. The Marine Environment Protection Committee 20th to 24th March 2006 Recycling of ships The MEPC made progress in developing the draft text of a mandatory instrument providing globally-applicable ship recycling regulations for international shipping and for recycling activities. A Working Group on Ship Recycling met during the session to work on the draft text and discuss related issues. The proposed instrument would include articles and an annex with regulations for safe and environmentally-sound recycling of ships, covering requirements for ships, requirements for ship recycling facilities and reporting requirements. The MEPC also considered the report of the second session of the Joint International Labour Organization (ILO)/IMO/Basel Convention Working Group on Ship Scrapping which met in December 2005 in Geneva. The views of the group were taken into account by the MEPC Working Group on Ship Recycling and it was noted that the Committee would continue co operating with ILO and the Basel Convention on this subject. Adoption of amendments to MARPOL The MEPC adopted a number of amendments to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). MARPOL regulation on oil fuel tank protection The amendment to the revised MARPOL Annex I with entry into force set for 1 January 2007 includes a new regulation 12A on oil fuel tank protection. The regulation is intended to apply to all ships delivered on or after 1 August 2010 with an aggregate oil fuel capacity of 600m3 and above. It includes requirements for the protected location of the fuel tanks and performance standards for accidental oil fuel outflow. A maximum capacity limit of 2,500m3 per oil fuel tank is included in the regulation, which also requires Administrations to consider general safety aspects, including the need for maintenance and inspection of wing and double-bottom tanks or spaces, when approving the design and construction of ships in accordance with the regulation. Consequential amendments to the IOPP Certificate were also adopted. Definition of heavy grade oil A further amendment to the revised MARPOL Annex I relates to the definition of "heavy grade oil" in regulation 21 on Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo, replacing the words "fuel oils" with "oils, other than crude oils", thereby broadening the scope of the regulation. MARPOL Annex IV amendments Prevention of pollution by sewage from ships The amendment to MARPOL Annex IV adds a new regulation 13 which states that a ship, when in a port or an offshore terminal of another Party, is subject to inspection by officers duly authorized by such Party concerning operational requirements under the Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by sewage. Amendments to BCH Code Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) were adopted as a consequence of the revised Annex II of MARPOL 73/78 and the amended International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), which are expected to enter into force on 1 January 2007. Also adopted were the revised Guidelines for the provisional assessment of liquids transported in bulk. In this context the Committee urged industry, in particular the chemical industry, to provide information on the revision of List 2 of the MEPC circular which contains pollutant-only mixtures based on section 5 of the revised Guidelines. South Africa Special Area The MEPC agreed to the designation of the southern South African sea area as a Special Area under MARPOL Annex I and approved the draft amendment in respect of the Special Area to regulation 1(11) of the revised MARPOL Annex I. The draft amendment will be circulated for consideration with a view to adoption at MEPC 55 in October 2006. Harmful aquatic organisms in ballast water The MEPC adopted the Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10), which are part of a series of guidelines developed to assist in the implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention), which was adopted in February 2004. The MEPC agreed to give basic approval to two ballast water management systems that make use of active substances, after consideration of the report of the first session of the GESAMP Ballast Water Working Group on Active Substances. (GESAMP is the IMO/FAO/UNESCO/IOC/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection) One system involves the use of a biocide for treatment of ballast water and the other involves the disinfection of ballast water by electrolysis with the generation of free chlorine, sodium hypochlorite and hydroxyl radicals and by electrochemical oxidation through the creation of ozone and hydrogen peroxide. IFSMA members should note that a tentative proposal was put forward to some parties for a system of this type, but there was no financial support to test the theory. Prevention of air pollution from ships A working group was established to consider issues relating to the prevention of air pollution from ships, including follow-up action to the IMO Policies and practices related to the reduction of greenhouse gas emissions from ships (resolution A.963(23)). Following the work by the group, the MEPC approved two circulars aimed at assisting implementation of MARPOL Annex VI: 1. The MEPC Circular on Bunker Delivery Note and Fuel Oil Sampling, to clarify how to comply with regulation 18, which places requirements on ship owners and fuel oil suppliers in respect of bunker delivery notes and representative samples of the fuel oil received and on Parties to the 1997 Protocol to regulate the bunker suppliers in their ports. The circular urges all Member States, both Parties and non-Parties to the 1997 Protocol, to require fuel oil suppliers in their ports to comply with the requirements and to raise awareness of the necessity to enhance implementation and enforcement of regulation 18 of Annex VI. 2. The MEPC circular on Notification to the Organization on ports or terminals where volatile organic compounds (VOCs) emissions are to be regulated, which notes that regulation 15 of Annex VI requires Parties to inform the Organization of their intention to introduce requirements for the use of vapour emission control systems and to notify the Organization of ports and terminals under their jurisdiction where such requirements are already in force. However, many terminals are implementing or operating such practices without notification to the Organization. The Committee shared the concern that, since there is no circulation of such information, it is difficult for owners and operators to prepare for these changes at ports and terminals. The circular reiterates that Parties to the 1997 Protocol are required to notify the Organization without delay with information on ports and terminals under their jurisdiction at which VOCs emissions are or will be regulated, and on requirements imposed on ships calling at these ports and terminals. Any information received by the Organization on the availability of vapour emission control systems will be circulated through MEPC circulars so that owners and operators will have up to-date information on current and future requirements for the utilization of such systems. As instructed by MEPC 53, the Sub-Committee on Bulk Liquids and Gases (BLG) will undertake a review of MARPOL Annex VI and the NOx Technical Code with a view to revising the regulations to take account of current technology and the need to further reduce air pollution from ships. The progress of this work will be reported to the next session of the MEPC. The Committee and its Working Group on Air Pollution had long and extensive debates on how to follow up resolution A.963(23) on IMO Policies and Practices related to the Reduction of Greenhouse Gas Emissions from Ships. By the resolution, the Assembly urged MEPC to identify and develop the necessary mechanisms needed to achieve the limitation or reduction of GHG emissions from international shipping. Among the items considered was whether only emission of CO2 or of all six greenhouse gases identified by the Kyoto Protocol should be included. The MEPC agreed to consider the follow-up actions to resolution A.963(23) in a technical and methodological perspective and to concentrate the work on CO2 emissions. The Committee also agreed to continue the work at the next session and, in particular, to consider further a draft work plan to identify and develop the mechanisms needed to achieve the goal set by the Assembly. Port reception facilities database The Committee noted that the Internet-based Port Reception Facility Database (PRFD) went live to the public on 1 March 2006, as a module of the IMO Global Integrated Shipping Information System (GISIS) http://gisis.imo.org/Public/. The database provides data on the available port reception facilities for the reception of ship-generated waste and is designed to allow Member States to update it via a log-in password, and to allow the public access to all the information on a view-only basis. Meanwhile, the MEPC emphasized the importance of adequate reception facilities in the chain of implementation of the MARPOL Convention, and stated that the policy of "zero tolerance of illegal discharges from ships" could only be effectively enforced when there were adequate reception facilities in ports. Therefore the Committee urged all Parties to the MARPOL Convention, particularly port States, to fulfil their treaty obligations to provide reception facilities for wastes generated during the normal operation of ships. Revised guidelines for handling oily wastes The MEPC approved the Revised Guidelines for systems for handling oily wastes in machinery spaces of ships incorporating guidance notes for an integrated bilge water treatment system (IBTS). A draft MEPC circular on the Harmonized Implementation of the Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships adopted by resolution MEPC.107(49), which provides guidance concerning specifically the type-approval process with the aim of ensuring that realistic on-board operating conditions are taken into account during the tests, was referred to the DE Sub-Committee for further consideration.
Rodger MacDonald Secretary General
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