October - December 2006
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During the last quarter of 2006, the secretariat focused on preparing for the forthcoming issues to be raised at STW 38. IFSMA attended the following IMO meetings: The Maritime Environmental Protection Committee 55th session, 9th to 13th October 2006 in London; The Legal Committee, 92nd session: 16-20 October 2006, in Paris; and the maritime Safety Committee, 92nd session held in Istanbul from the 29th November o the 8th December 2006. The Executive Council met in Paris on the 20th October 2006 At MEPC 55 the following key points of interest to Shipmasters were made: Ballast water management The following guidelines, which are part of a series developed to assist in the implementation of the BWM Convention, were adopted: · ballast water exchange design and control standards (G11) · design and construction to facilitate sediment control on ships (G12); · designation of areas for ballast water exchange (G14); · sediment reception facilities (G1); · ballast water reception facilities (G5). The Ballast Water Review Group considered the latest information on ballast water treatment technologies and tried to determine whether appropriate technologies are available to achieve the ballast water performance standard required under regulation D-2 of the BWM Convention by 2009 at which time new ships must comply with the performance standard. This Group's conclusions were that type-approved ballast water management systems would probably be available for installation prior to the first application date of the BWM Convention. However, the installation of type-approved ballast water management systems on ships already contracted to be built in or after 2009 may not be feasible or only possible at excessive cost and/or delivery. Inadequacy of shoreside reception facilities The MEPC approved an Action Plan to tackle the alleged inadequacy of port reception facilities - seen as a major hurdle to overcome in order to achieve full compliance with MARPOL. The Plan was developed by the Sub-Committee on Flag State Implementation (FSI) and it is hoped that its outcome will contribute to the effective implementation of the MARPOL Convention and promote quality and environmental consciousness among administrations and shipping. The Plan contains a list of proposed work items to be undertaken by IMO with the aim of improving the provision and use of adequate port reception facilities, including items relating to reporting requirements; provision of information on port reception facilities; identification of any technical problems encountered during the transfer of waste between ship and shore and the standardization of garbage segregation requirements and containment identification; review of the type and amount of wastes generated on board and the type and capacity of port reception facilities; revision of the IMO Comprehensive Manual on Port Reception Facilities; and development of a Guide to Good Practice on Port Reception Facilities. With regard to regional arrangements, the Committee agreed to recognize them as a means to provide reception facilities in light of the MARPOL requirements, taking into account the benefit of having such regional arrangements in place. Sulphur monitoring The MEPC noted the results of monitoring of the worldwide average of sulphur content of residual fuel oils, which indicated that in 2005, almost 90% of the samples had sulphur contents between 1.5 and 4% m/m. Almost 50% was between 2 and 3% m/m. 219 out of 79,592 (0.3%) of the samples were over 4.5% m/m sulphur, and 5 samples contained more than 5% sulphur (compared to 7 samples in 2004). The sulphur content of residual fuel measured for 2003, 2004 and 2005 gave a three year rolling average for the period of 2.7%. The rolling average for 2002-2004 was 2.67%. Special Area under Annex I(MARPOL 73/78), The Southern South Africa waters have been designated a Special Area under Annex I to provide measures to protect wildlife and the marine environment in an ecologically important region used intensively by shipping. This region is added to the existing list of the Mediterranean Sea, Baltic Sea, Black Sea, Red Sea, "Gulfs" Area, Gulf of Aden, Antarctic, North West European Waters and the Oman area of the Arabian Sea. Revisions and amendments of MARPOL Annex III Revisions have been adopted to harmonize the regulations with the criteria for defining marine pollutants which have been adopted by the UN Transport of Dangerous Goods (TDG) Sub-Committee, based on the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Amendments to the Condition Assessment Scheme (CAS) have been adopted clarifying the validity of the Statement of Compliance where there is a change of ownership of the ship, change of recognized organization or change of flag and giving the procedures to follow in these cases. Amendments to the Guidelines for the transport and handling of limited amounts of hazardous and noxious liquid substances in bulk on offshore supply vessels Revised sewage standards have been adopted and revised Guidelines on implementation of effluent standards and performance tests for sewage treatment plants will apply to sewage treatment plants installed onboard on or after 1 January 2010, and replace the Recommendation on international effluent standards and guidelines for performance tests for sewage treatment plants adopted by resolution MEPC.2(VI) in 1976. The MEPC also adopted a standard for the maximum rate of discharge of untreated sewage from holding tanks when at a distance equal or greater than 12 nautical miles from the nearest land. Work in progress for the prevention of air pollution from ships The MEPC agreed a work plan, with a timetable, to identify and develop the mechanisms needed to achieve the limitation or reduction of carbon dioxide (CO2) emissions from ships, noting that climate change caused by greenhouse gas emissions from the burning of fossil fuel is a steadily growing concern for most countries. The MEPC noted that shipping, although an environmentally friendly and fuel-efficient mode of transport, nevertheless, needs to take action on greenhouse gases (GHG). The Sub-Committee on Bulk Liquids and Gases (BLG) is currently undertaking a comprehensive review of MARPOL Annex VI and the NOx Technical Code and an intersessional meeting of the BLG Air Pollution Working Group will be held from 13 to 17 November 2006 in Oslo, Norway, to progress the work further. Transport of bio-fuels and bio-fuel blends to be addressed The increasing transport by sea of bio-fuels and bio-fuel blends as cargo, needs to be considered in order to clarify the regulations which apply. Bio-fuels are considered to fall under MARPOL Annex II when transported as products intended for blending with petroleum or mineral products but, when carried as blended products, it becomes unclear whether their carriage should be in accordance with MARPOL Annex I or Annex II. The MEPC instructed the Sub-Committee on Bulk Liquids and Gases (BLG) to include on its agenda a new high-priority item on "Application of requirements for the carriage of bio-fuels and bio-fuel blends", with a target completion date of 2008. At the Legal Committee , 92nd session the following key points of interest to Shipmasters were made: Fair treatment of seafarers The Guidelines on fair treatment of seafarers in the event of a maritime accident were adopted by the Legal Committee at its last session and by the Governing Body of the ILO at its 296th session on 12 June 2006. The Legal Committee, at this session, discussed submissions relating to possible changes, but decided, at this point in time, that it would be premature to amend the Guidelines. The Committee agreed, however, that review and monitoring of the Guidelines should be kept on its agenda. Claims for death, personal injury and abandonment of seafarers The Committee invited the Joint IMO/ILO Ad Hoc Expert Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers to make arrangements to hold a seventh session, with a view to developing a standard and guidelines in relation to such claims. This invitation was extended, in part, following a resolution adopted by the ILO International Labour Conference which, at its 94th session in February this year, adopted the 2006 Maritime Labour Convention. The ILO Resolution notes that the text in the Convention does not address many of the provisions set out in the Guidelines on Shipowners' Responsibilities in respect of Contractual Claims for Personal Injury to or Death of Seafarers and the Guidelines on Provision of Financial Security in Cases of Abandonment of Seafarers, which have been adopted by both the IMO Assembly and the ILO Governing Body. The resolution, therefore, recommends to both Organizations that the way forward would be for the Working Group to develop a standard accompanied by guidelines, which could be included in the Maritime Labour Convention or another existing instrument, at a later date. Draft wreck removal convention approved A draft convention on the removal of wrecks has been approved by the IMO's Legal Committee, and the draft text will now be forwarded to a Diplomatic Conference, scheduled to be held from 14 to 18 May 2007 at the United Nations Office in Nairobi, Kenya. Once adopted and in force, the new convention will provide the legal basis for States to remove, or have removed, from their exclusive economic zones (EEZs), wrecks that may pose a hazard to navigation or, because of the nature of their cargo, to the marine and coastal environments, or to both. The new convention will also require shipowners to take out insurance to cover costs of removal and provide States with a right of direct action against insurers. Proposals to extend the scope of the new convention to the territorial sea of States Parties are still under consideration and will be the subject of consultations by interested delegations before the Diplomatic Conference. At the Maritime Safety Committee (MSC), 82nd session: the following key points of interest to Shipmasters were made: Prevention of accidents involving lifeboats The MSC adopted an amendment to SOLAS regulation III/19.3.3.4 concerning provisions for the launch of free-fall lifeboats during abandon-ship drills. The amendment will allow, during the abandon-ship drill, for the lifeboat to either be free-fall launched with only the required operating crew on board, or lowered into the water by means of the secondary means of launching without the operating crew on board, and then manoeuvred in the water by the operating crew. The aim is to prevent accidents with lifeboats occurring during abandon-ship drills. The amendment is expected to enter into force on 1 July 2008. Near misses The MSC agreed there was a need to encourage companies and seafarers to document and record information on near misses and hazardous situations in order to understand the precursors to events that were detrimental to safety and the marine environment. It invited Member Governments, intergovernmental and non-governmental organizations in consultative status to submit proposals to the next session of the Joint MSC/MEPC Working Group on the Human Element, which is scheduled to be reconvened at MEPC 56 (9 to 13 July 2007). Measures to enhance maritime security The MSC also approved amendments to the Revised recommendations on the safe transport of dangerous cargoes and related activities in port areas (MSC/Circ.675), to include provisions intended to address the security of the transport of dangerous goods by sea. and it also approved amendments to the IMO/ILO/UNECE Guidelines for packing of cargo transport units to broaden the scope of the guidelines to address the need for vigilance and the need for security procedures to be developed and followed by all concerned. Security of ships which do not fall within the scope of SOLAS chapter XI-2 and the ISPS Code The MSC began consideration of issues relating to the security aspects of the operation of ships which do not fall within the scope of SOLAS chapter XI-2 and the ISPS Code (including cargo ships of less than 500 gross tonnage which travel on international routes). The Committee agreed that non-SOLAS vessels shared the same operational environment as ships which fall within the scope of application of SOLAS chapter XI-2 and the ISPS Code and the operations of the former affect the security of the latter. Thus, it was necessary to address the security aspects of the operation of non-SOLAS ships in a systematic and analytical manner, so as to achieve a tangible enhancement of the global security net which the provisions of SOLAS chapter XI-2 and the ISPS Code were seeking to establish. It was agreed also that any guidelines developed should be non mandatory and that their application should be under the purview of the individual Contracting Governments concerned and proportionate to the assessed levels of threat and risk. Security and facilitation issues related to the carriage of closed cargo transport units and of freight containers aboard ships In relation to closed cargo transport units and containers, the Committee and the Facilitation Committee established a Joint MSC/FAL Working Group which met during the MSC session and began work on container and supply chain security, with a view to ensuring that the right balance is struck between enhanced security and the facilitation of maritime traffic. Long Range Identification and Tracking - technical specifications and guidelines The MSC made progress on the development of the technical specifications of the components of the Long Range Identification and Tracking (LRIT) System, including the technical specifications for the International LRIT Data Exchange, the International LRIT Data Centre and for communication within the LRIT System network; protocols for the development testing of the LRIT System and for the testing of the integration into the system of new LRIT data centres; and guidance on setting up and maintaining the Data Distribution Plan. Search and Rescue (COMSAR 11, scheduled for 12-16 February 2007 was instructed to consider issues relating to LRIT, particularly matters other than the specific engineering aspects. Goal-based new ship construction standards The Committee has worked on the basis of a prescriptive approach for GBS for provisions for hull construction for bulk carriers and oil tankers and of a safety level approach for all other ship types. With regard to the GBS for bulk carriers and oil tankers, the MSC has already agreed on a five-tier system, consisting of goals (Tier I), functional requirements (Tier II), verification of compliance criteria (Tier III), technical procedures and guidelines, classification rules and industry standards (Tier IV) and codes of practice and safety and quality systems for shipbuilding, ship operation, maintenance, training, manning, etc. (Tier V). Tier I goals and Tier II functional requirements have already been agreed in principle. Following consideration of the matter, the MSC approved the Plan for the pilot project on trial application of the Tier III verification process using the IACS Common Structural Rules (CSR) and agreed that the nomination of candidates for the Pilot Panel should be open to all, while the selection of members by the MSC Chairman, in consultation with the Secretariat, would assure that the Panel would be balanced. The objective of the pilot project is to conduct a trial application of Tier III for oil tankers and bulk carriers with the intention of validating the Tier III verification framework, identifying shortcomings and making proposals for improvement. Following a comprehensive review of passenger ship safety initiated in 2000 with the aim of assessing whether the current regulations were adequate for the large passenger ships now being built a package of amendments to SOLAS have now been adopted, This review has been based on the guiding philosophy on the dual 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. The amendments include new concepts such as the incorporation of criteria for the casualty threshold (the amount of damage a ship is able to withstand, according to the design basis, and still safely return to port) into SOLAS chapters II-1 and II-2. The amendments also provide regulatory flexibility so that ship designers can meet any safety challenges the future may bring. The amendments include:
The amendments are expected to enter into force on 1 July 2010. Fire regulations on balconies The MSC adopted amendments to SOLAS chapter II-2 and to the International Code for Fire Safety Systems (FSS Code) to strengthen the fire protection arrangements in relation to cabin balconies on passenger vessels. The amendments were developed in response to the fire aboard the cruise ship Star Princess, while on passage between Grand Cayman and Montego Bay, Jamaica, in March of this year. The fire began on an external balcony and spread over several decks. The amendments to SOLAS chapter II-2 are aimed at ensuring that existing regulations 4.4 (Primary deck coverings), 5.3.1.2 (Ceilings and linings), 5.3.2 (Use of combustible materials) and 6 (Smoke generation potential and toxicity) are also applied to cabin balconies on new passenger ships. For existing passenger ships, relevant provisions require that furniture on cabin balconies be of restricted fire risk unless fixed water spraying systems, fixed fire detection and fire alarm systems are fitted and that partitions separating balconies be constructed of non combustible materials, similar to the provisions for new passenger ships. The amendments are expected to enter into force on 1 July 2008. Explosions on chemical and product carriers The Group reviewed the report of the Inter-Industry Working Group (IIWG) and the Human Factors Task Group (HFTG), established to study the reported incidents of explosions on chemical and product carriers and agreed that it was difficult to draw conclusive analysis from existing casualty reports due to the lack of human element considerations during these investigations, such as investigators asking the relevant questions to determine if the human element was a contributing factor in the casualty. It was agreed that there was a need to review and strengthen requirements for Dangerous Cargo Endorsements (DCEs) and proposals were invited with regards to the need for extending the requirements for DCEs to operational shore staff including terminal personnel and cargo surveyors. The Sub-Committee on Standards of Training and Watchkeeping (STW) was invited to review the requirements leading to DCEs for seafarers, under its agenda item "Comprehensive review of the STCW Convention and the STCW Code". Impact of ISM Code The Human Element Working Group also considered the report of the Group of Independent Experts (GIE) established by the Secretary-General to analyze the impact of the ISM Code and its effectiveness in the enhancement of safety of life at sea and protection of the marine environment. The Committee agreed with the recommendations made by the GIE, in particular that: guidelines for Administrations should be revised to make them more effective and user-friendly; and guidelines and associated training should be developed to assist companies and seafarers in improving the implementation of the Code. It also agreed that the results of the study should be given wide publicity across the industry. The Committee noted that the industry had identified common areas between the ISM and ISPS Codes and that resolution A.852(20) on Guidelines for a structure of an integrated system of contingency planning for shipboard emergencies, may provide guidance to handle or manage common areas of the ISM and ISPS Codes. It was noted that, in order to properly motivate seafarers, companies should take into account feedback from shipboard personnel, including the outcome of shipboard safety committees to improve their operations and procedures relating to safety and environmental protection and it was essential for the company to respond in a constructive and timely fashion to any feedback received from seafarers operating the safety management system (SMS). Since seafarers are integral to the effective operation of the SMS, they should, therefore, be involved in the development and improvement of the system in order to ensure that the manuals are proportionate, concise and relevant.
Rodger MacDonald Secretary General
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