IFSMA Monthly Logs

Your Executive Council met in London on the 29^th and 30^th November 2008 and the minutes of the meeting are recorded. A working group was set up to meet in January 2009 to prepare the Draft Policy Document 2009 to be debated and approved at the 2009 AGA.

During the last quarter of 2008 there has been continued concern on the criminalisation issues affecting Shipmasters. Some good news related to the successful outcome of the case of Captain Kristo Laptalo who was master of the Coral Sea.

The Captain had been unjustly found guilty of trafficking drugs and sentenced to 14 years in prison because narcotics were found in amongst the ship’s cargo of over 100,000 boxes of bananas. The retrial of this case was heard at the Appeals Court in Patras, Greece on the 27^th November. Your Secretary General appeared as one of four defence witnesses to speak on Captain Laptalo’s behalf and we were delighted when the prosecution stated that there was no case to answer and the Captain was acquitted.

Not such good news for Captain Jasprit Chawla of the Hebei Spirit and his chief officer who were tried in a Korean court accused of pollution following an incident where a runaway crane barge collided with their ship which was at anchor. In this case they were found innocent, but after being detained by the Koreans, an appeal to the Supreme Court reversed this judgement. Having strongly protested against this totally unjust decision, IFSMA received a letter from the Korean Ambassador recognising our concerns. We are continuing to try to see that justice will be brought to this case.

In November 2008 IFSMA held a further successful workshop in Manila debating the need for Maritime Resource Management training. The findings of the workshop were presented to the plenary of the Recruitment and Training conference and will be considered in the Policy Document discussions.

IFSMA has continued to be actively involved in the International Lifeboat Group and your Secretary General formed part of a working group to plan a further submission to IMO.

IFSMA attended a number of IMO meetings during this period.

The Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC), 13th session held 22-26 September 2008

Modifications to draft IMSBC Code finalized

Modifications to the draft International Maritime Solid Bulk Cargoes Code (IMSBC Code) were agreed by the Sub-Committee.  The draft IMSBC Code was scheduled to be adopted as a mandatory code by the Maritime Safety Committee (MSC) at its 85th session in November-December 2008. The modifications mainly relate to the carriage of direct reduced iron (DRI), coal, brown coal briquettes and formed solid sulphur.

Safer securing of containers on deck - new annex to CSS code in development

The new annex, to be finalized at the next session for submission to the MSC at its 87th session, is aimed at ensuring that persons engaged in carrying out container securing operations on deck have safe working conditions and, in particular safe access, appropriate securing equipment and safe places of work.

The Sub-Committee also agreed draft MSC circulars on Revised Guidelines for the preparation of the Cargo Securing Manual, to include reference to safe access for lashing of containers; and Amendments to the Elements to be taken into account when considering the safe stowage and securing of cargo units and vehicles in ships (resolution A.533(13)), which take into account the revisions to the CSS Code and refer to the need to provide safe access and safe places of work for persons engaged in work connected with cargo stowage and securing.

It also approved amendments to the Guidelines for securing arrangements for the transport of road vehicles on ro-ro ships (resolution A.581(14)), as amended by MSC/Circ.812, to specify the maximum securing load of lashings.

Amendment to the Guidance on serious structural deficiencies in containers

The amendments relate to the section on Corner and intermediate fittings (Castings) to clarify that a serious structural deficiency would be: "missing corner fittings, any through cracks or tears in the fitting, any deformation of the fitting that precludes full engagement of securing or lifting fittings, any deformation of the fitting beyond 5 mm from its original plane, any aperture width greater than 66.0 mm, any aperture length greater than 127.0 mm, any reduction in thickness of the plate containing the top aperture that makes it less than 23.0 mm thick or any weld separation of adjoining components in excess of 50 mm in length".

The Marine Environment Protection Committee (MEPC), 58th session: held on the 6 - 10 October 2008

The MEPC unanimously adopted amendments to the MARPOL Annex VI regulations so as to reduce harmful emissions of air pollutants from ships even further; approved the draft ship recycling convention for adoption at a conference in 2009; approved a number of systems to help implement the Ballast Water Management Convention; and made substantial progress in developing technical and operational measures to reduce or limit greenhouse gas emissions from ships.

Emissions from ships

The main changes to MARPOL Annex VI would see a progressive reduction in emissions of sulphur oxide (SOx), nitrogen oxide (NOx) and particulate matter from ships.

The revised Annex VI, and the associated NOx Technical Code, will enter into force on 1 July 2010, under the tacit acceptance amendment procedure.)

Harmful aquatic organisms in ballast water

The MEPC adopted Guidelines for ballast water sampling and Revised guidelines for approval of ballast water management systems, intended to assist in the effective implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention), bringing to 14 the package of finalized guidelines required by the Convention. One final set of guidelines, on port State control, is being developed by IMO's Sub Committee on Flag State Implementation and is to be adopted before the Convention's entry into force.

The Committee also approved the Guidance document on arrangements for responding to emergency situations involving ballast water.

The MEPC gave final approval to two ballast water management systems that make use of active substances, bringing to four the total number of systems having received final approval to date.

The Maritime Safety Committee (MSC), 85th session: held from 26 November to the 5 December 2008

Piracy and armed robbery against ships

A lengthy discussion was held on the escalation in reported acts of piracy and armed robbery against ships off the coast of Somalia. The MSC expressed its support for various initiatives being undertaken, including action by the United Nations Security Council (UNSC), in particular the adoption of UNSC Resolution 1846, extending for another twelve months, from 2 December 2008, the authorization for States and regional organizations to enter Somalia's territorial waters and to use "all necessary means" to repress acts of piracy and armed robbery in these waters.

The Committee also welcomed information regarding the planned high-level meeting convened by the Special Representative of the Secretary-General of the United Nations on Somalia in Nairobi on 10 and 11 December. It was announced that an IMO-Ied high level, sub-regional meeting for States from the Western Indian Ocean, the Gulf of Aden and Red Sea areas, is to be held in Djibouti, in January 2009. This meeting will consider a draft Memorandum of Understanding for regional co-operation to enhance maritime security and combat piracy and armed robbery against ships in the Red Sea and Gulf of Aden area, and a draft regional agreement concerning the repression of piracy and armed robbery against ships in the wider Western Indian Ocean and Gulf of Aden area.

The Committee expressed its thanks to those Governments which had provided warships to protect World Food Programme (WFP) ships and patrol the waters off the coast of Somalia, and their crews, and to those other Governments which are considering similar actions.

It was noted that the number of acts of piracy and armed robbery against ships reported to the Organization in the first nine months of 2008 (1 January to 30 September) was 214, against 213 in the first nine months of 2007. Although the overall number of reported acts of piracy and armed robbery against ships during the period under review was virtually unchanged, the decrease in the number of incidents in most areas of the world had been negated by the sharp increase in both number and severity of attacks in waters off the coast of Somalia.

During the period under review, seven crew members were killed, 20 crew members were reportedly injured or assaulted, more than 430 crew members were reportedly taken hostage or kidnapped and 29 ships were hijacked, largely off the coast of Somalia. The Committee urged all Governments and the shipping industry to intensify and coordinate their efforts to eradicate these unlawful acts.

Long-Range Identification and Tracking (LRIT)

The MSC reviewed progress on the implementation of the LRIT system, which is intended to be operational, with respect to the transmission of LRIT information by ships, from 30 December 2008.

Two resolutions were adopted, one appointing the International Mobile Satellite Organization (IMSO) as the LRIT Coordinator and one on Operation of the International LRIT Data Exchange, which agrees that the United States should continue to provide the International LRIT Data Exchange on an interim basis until 31 December 2011, while a permanent solution is sought.

The Committee approved an MSC Circular providing guidance on the application of the mandatory SOLAS provisions concerning the global LRIT system, from 31 December 2008, as well as a number of other circulars relating to the technical specifications of the LRIT system and its establishment and utilization, such as for search and rescue purposes.

SOLAS regulation V/19-1 on LRIT entered into force on 1 January 2008 and will apply to ships constructed on or after 31 December 2008, with a phased implementation schedule for ships constructed before 31 December 2008.

Goal-based new ship construction standards

Substantial progress was made in developing goal-based standards (GBS) for the construction of new bulk carriers and oil tankers. Draft SOLAS amendments to make GBS mandatory for such new ships were agreed, as were the draft international goal-based ship construction standards for bulk carriers and oil tankers, with a view to approval at MSC 86, in May 2009, and eventual adoption at MSC 87, in 2010.

The MSC also further developed the proposed draft Guidelines for the verification of compliance with GBS and draft Guidelines for the information to be included in a Ship Construction File, and agreed to work towards finalizing them at MSC 86.

International Code on Intact Stability, 2008 (2008 IS Code)

The International Code on Intact Stability, 2008 (2008 IS Code), and amendments to the SOLAS Convention and to the 1988 Load Lines Protocol to make the Code mandatory, were adopted, and an MSC circular on Early application of the International Code on Intact Stability, 2008 (2008 IS Code), to encourage its implementation, was approved. The amendments are expected to enter into force on 1 July 2010.

The 2008 IS Code provides, in a single document, both mandatory requirements and recommended provisions relating to intact stability, taking into account technical developments, in particular regarding the dynamic stability phenomena in waves, based on state-of-the-art concepts. The Code's mandatory status, under both the SOLAS Convention and the 1988 Load Lines Protocol, will significantly influence the design and the overall safety of ships.

International Maritime Solid Bulk Cargoes Code (IMSBC Code)

The International Maritime Solid Bulk Cargoes Code (IMSBC Code), and amendments to SOLAS chapter VI to make the Code mandatory, were adopted. The amendments are expected to enter into force on 1 January 2011. The IMSBC Code will replace the Code of Safe Practice for Solid Bulk Cargoes (BC Code), which was first adopted as a recommendatory code in 1965 and has been updated at regular intervals since then.

The aim of the mandatory IMSBC Code is to facilitate the safe stowage and shipment of solid bulk cargoes by providing information on the dangers associated with the shipment of certain types of cargo and instructions on the appropriate procedures to be adopted.

Other Issues

The MSC considered and took action on other issues arising from the reports of Sub-Committees and other bodies, as follows:

·              a number of proposals on ships' routeing, ship reporting and other relevant measures, all aimed at enhancing the safety of navigation in areas of identified navigational hazards and environmentally sensitive sea areas, were adopted;

·              draft amendments to SOLAS regulation V /19 to make mandatory the carriage of Electronic Chart Display and Information Systems (ECDIS) and Bridge Navigational Watch Alarm Systems (BNWAS), under SOLAS chapter V, were approved, with a view to their adoption by MSC 86 in May 2009;

·              a strategy for the development and implementation of e-navigation, including a framework for its implementation and a timeframe for the process, was approved; and

·              a resolution on Clarification of the term "bulk carrier" and guidance for application of regulations in SOLAS to ships which occasionally carry dry cargoes in bulk and are not determined as bulk carriers in accordance with regulation XIII1.1 and chapter 11-1, to clarify the definition of "bulk carrier", was adopted.

Finally The 2008 IMO Award for Exceptional Bravery at Sea has been presented to a Brazilian seafarer who saved fellow crew members from a dangerous fire on a ship.

IFSMA would like to congratulate Rodolpho Fonseca da Silva Riqueira who was presented with the award by IMO Secretary-General Mr. Efthimios E. Mitropoulos, during a special ceremony held at the IMO Headquarters on 1 December 2008, during the 85th session of the Organization's Maritime Safety Committee (MSC).

Mr. Rodolpho Fonseca da Silva Rigueira, of the drill ship Noble Roger Eason was nominated by the Government of Brazil, for his decisive, selfless action to rescue six fellow crew members from a catastrophic fire which burst out on it. The fire originated from an explosion, causing imminent risk to the lives of crew members in the vicinity of the explosion; yet, instead of evacuating the area, he repeatedly faced the fire and very high temperatures to save his colleagues, at severe risk to his own life.

Rodger MacDonald
Secretary General