III 2
This is the second meeting of this re-named Sub-Committee. Previously, Flag State Implementation (FSI) is now Implementation of IMO Instruments (III). With the name change the outgoing Secretary General sought to bring about a change in emphasis to ensure speedier ratification and implementation of IMO Instruments by Member States. From III 1 it would appear battle lines are drawn between the role of FSI and the need for PSC.
The disposition of the Working and Drafting Groups has still to be finalised. However, it is anticipated that the following Working and Drafting Groups will be established:
Analysis of casualty and PSC data to identify trends and develop knowledge and risk-based recommendations (item 6);
Measures to harmonize port State control (PSC) activities and procedures worldwide (item 7);
Analysis of consolidated audit summary reports (item 8):
Updated Survey guidelines under the Harmonized System of Survey and Certification (HSSC) – Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (items 9 and 10).
NB: Since only 3 WGs are permitted one will be designated a DG.
III 2 is likely to attract three IFSMA Representatives. Some Representatives may be conflicted with other engagements during the course of the meeting. Therefore it is recommended that attention is paid to the staffing of Plenary throughout. However, if possible it is strongly recommended that WG 1 ‘Casualty Analysis and Statistics’ is staffed.
Agenda Item 1 - Provisional Agenda
No substantive comment.
Agenda Item 2 - Decisions of other IMO Bodies
While nothing specific has been identified; the introduction of the Papers by the Secretariat should be followed closely since issues of substance originating in other Sub-Committees may require attention.
Agenda Item 3 - Non-mandatory instruments on regulations for non-convention ships
No substantive comment.
Agenda Item 4 - Requirements for access to, or electronic versions of, certificates and documents including record books required to be carried on ships
No substantive comment.
Agenda Item 5 - Consideration and analysis of reports on alleged inadequacy of port reception facilities
Standing item, submissions rare meaningful discussion absent. No substantive comment.
Agenda Item 6 - Analysis of casualty and PSC data to identify trends and develop knowledge and risk based recommendations
Attention is drawn to Paper 2/INF.2 submitted by MAIIF concerning a Casualty Investigation Training Course. N.B. This course is being made available to all registered delegates on Thursday 16 July.
Paper 2/6 the Report of the Correspondence Group on Casualty Analysis submitted by the United Kingdom as co-ordinator of the Correspondence Group. Useful documentation attached. An intervention would be helpful to address the issue of proximate cause and criminalisation. Ref IFSMA AGA 2015.
Paper 2/6/1 submitted by the Secretariat refers to 25 recent Reports and the information available on GISIS which now contains 9339 incidents and 2,898 investigation reports and 1,266 analyses. An intervention would be helpful to address the issue of lack of transparency with GISIS and the veto of the Flag State with respect to general access.
Agenda Item 7 - Measures to harmonize Port State Control (PSC) activities and procedures worldwide updated survey guidelines under the Harmonized System of Survey and Certification (HSSC)
Attention is drawn to Paper 2/INF.14 submitted by Paris MOU concerning the Results of the 2013 Harmonized Verification Programme (HAVEP) on passenger ships. N.B. Recommendations 2.2 in particular, ‘flooding scenario was not considered for the HAVEP’.
Paper 2/7/4 submitted by Paris MoU makes specific recommendation from HAVEP based on 8.2% and 8.6% deficiency in fire and abandon ship drills respectfully.
Paper 2/INF.15 submitted by the Indian Ocean MoU concerning the Concentrated Inspection Campaign (CIC) on STCW Hours of Rest. N.B. Not the MLC Hours of Rest. This excellent summary has some worrying aspects. Of 1623 inspections 117 ships were detained. Out of 1,259 inspections with a CIC questionnaire 35 ships were detained. Attention is respectfully drawn to the statistics of Administrations.
Paper 2/INF.17 submitted by the Black Sea MoU concerning the Concentrated Inspection Campaign on STCW Hours of Rest. Of 1146 inspections all with a CIC questionnaire 21 ships were detained, 6 were CIC detentions. Attention is respectfully drawn to administration statistics.
Paper 2/INF.26 submitted by Australia concerning Introduction of plastic qualification cards for Australian seafarers. This follows Norway. This is limited to Certificates of Proficiency and GMDSS.
Paper 2/7/3 submitted by Paris MoU and Tokyo MoU concerning the Performance of flag Admirations and recognised organisations. ‘Black List’ - interesting stats.
Agenda Item 8 - Consolidated Audit Summary Reports
No substantive comment.
Agenda Items 9 - Updated Survey Guidelines under the Harmonized System of Survey and Certification (HSSC)
Paper 2/9 submitted by China, as Chair of Correspondence Group, concerning a Non-Exhaustive List of Obligations under Instruments relevant to the IMO Instruments Implementation Code (III Code). This includes a detailed document that collates survey and certification requirements. They may well be a detailed discussion. No substantive comment at this time.
Agenda Item 10 - Non-Exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III Code)
No substantive comment.
Agenda Item 11 - Unified Interpretations of Provisions of IMO safety, security, and environment related Conventions
Paper 2/11 submitted by IACS concerning expiry dates assigned to statutory certificates. Clarification? No substantive comment.
Agenda Item 12 - Review of General Cargo Ship Safety
This Standing Agenda Item makes little progress despite the continued loss of these vessels, in particular vessels of limited tonnage. No substantive comment.
Agenda Item 13 - Biennial Agenda and Provisional Agenda for III 3
No substantive comment.
Agenda Item 14 - Election of Chairman and Vice-Chairman for 2016
No substantive comment.
Agenda Item 15 - Any Other Business
No substantive comment.
Agenda Item 16 - Report to the Committees
No substantive comment.
There are Agenda Items for which Paper/s by IFSMA would have been useful. However, the opportunity for meaningful intervention remains.
INTERVENTIONS
III – 2
Para. 4.8.1 China – Comments by IACS
Dealing with Minor Deficiencies – No Need for Additional Certification – IACS
“Thank you Chair, good afternoon. IFSMA on behalf of shipmasters fully endorses the wise words of IACS for minor deficiencies – I do stress minor deficiencies. This is acceptable and pragmatic way forward. Thank you Chair.”
III – 2
2/2/2 – Outcome of HTW 2 - Secretariat
"Thank you Chair, for your wise words and guidance. IFSMA wishes to be associated with the comment of China [PSC inspectors should attend HTW to bring their perspective to the table] This is an important issue for seafarers and Masters in particular who are not given the resources, in accordance with the ISM Code, in order to comply with STCW 1978 as amended in respect to the hours of rest. Thank you Chair."
III – 2
Paper 2/INF/.14 Paris MOU Intervention
Results of the 2013 Harmonised Verification Programme (HAVEP) on Passenger Ships
"Chair, thank you. While we reserve our main comment for Agenda Item 6 which you have referred to. We are concerned at the 8.2% and 8.6% deficiency in fire and abandon ship drills respectively; as eluded to by the Distinguished Delegate of the Paris MOU these were undertaken in favourable conditions. What other sector of industry would accept such a level of deficiency? This should be forwarded to the MSC with appropriate comment. Thank you Chair.”
III - 2
Paper 2/6 submitted by UK as co-ordinator of Correspondence Group
Report of the Correspondence Group on Casualty Analysis
“Thank you Chair. IFSMA on behalf of shipmasters thanks the United Kingdom and participants of the correspondence group for this detailed Paper. IFSMA respectfully draws attention to the most important issue affecting seafarers today, namely, ‘fatigue’ or more precisely tiredness, which affects none more so than shipmasters.
No civilisation in history or mode of transport today provides for only 77/70 hours rest per week. This equates to a 91 or 98 hour working week. Compliant with regulation (STCW 78 as amended), but contrary to all research in any sector of industry including shipping.
Invariably, investigation focuses on proximate cause with the seafarer taking the hit for a regulatory system that fails not only to protect them and treat them fairly but seeks to criminalise them so as facilitate a more favourable financial outcome. There are examples of good practice, where accident investigation is truly independent and criminal sanction is sparingly used. Shipmasters should not have to work in fear of incarceration – professional sanction should replace unwarranted criminalisation. IFSMA requests this statement is recorded in the Report of the Sub-Committee. Thank you Chair.”
On the subject of GISIS, IFSMA takes issue with the secrecy embedded into a system where it requires the permission of the State submitting the Report, to agree to release its content to interested parties including the relatives of deceased seafarers.
The Correspondence Group may have access to reports, but suspicion, remains amongst those that have suffered loss. The vail of secrecy needs to be lifted, untold benefit may come about. IFSMA requests this statement is recorded in the Report of the Sub-Committee. Thank you Chair.”