Class and Statutory News
Insight of the major outcomes of the 4th session of the IMO sub-committee on Implementation of IMO Instruments (III 4)
Oct. 11 2017
Convention : BWM Ballast Water Management, MARPOL Annex V Garbage, SOLAS CH I General Provisions, AGREEMENT
Flag :ALL FLAGS
Ship type :ALL TYPES
The Sub-Committee on Implementation of IMO Instruments, chaired by vice-admiral Jean-Luc Le Liboux (France), held its fourth session from 25 to 29 September 2017.
III 4 has :
· finalized the draft revision of the Procedures for port State control, 2011 (Resolution A.1052(27)) (item 5.1) ;
· issued a circular on action to be taken by port states on the required updates of electronic chart display and information systems (ECDIS) (item 5.2) ;
· agreed to the draft amendments to the Survey Guidelines under the HSSC, 2015 (resolution A.1104(29)), together with the draft resolution, for submission to the Assembly at its thirtieth session for consideration with a view to adoption (item 8.6) ;
· agreed to the draft amendments to the 2015 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (resolution A.1105(29)),together with the draft Assembly resolution for submission to the Assembly at its thirtieth session for consideration with a view to adoption (item 9).
Agenda item 3 - Consideration and analysis of reports on alleged inadequacy of port reception facilities
The compliance of ships with the discharge requirements of MARPOL depends largely on the availability of adequate port reception facilities (PRFs). Each Party shall notify the IMO of all cases where the facilities are alleged to be inadequate.
70 reported cases of alleged inadequacies of PRFs have been posted in GISIS (Global Integrated Shipping Information System) for 2016. 51 reports refer to alleged inadequacies of PRFs under the requirements of Annex V.
Intercargo and InterManager have been receiving feedback from their members on the availability and adequacy of PRFs for cargo residues classified harmful to the marine environment (HME) and cargo hold washings containing such residues. They built a database of port reception facilities in 251 ports located in 68 countries/regions. Only 31 of them, i.e. approximately 12%, were deemed to possess some level of PRFs. However, even amongst this 12% it was still reported that "adequacy" issues existed in some of them.
III 4 reminded Member Governments of their obligation under MARPOL to respond to reports by flag Administration on alleged inadequacies of PRFs. It has urged Member States to provide incentives for ports and terminals to increase investment in the provision of adequate PRFs.
III 4 supported the development of a model PRF concept, which constitutes a new output. Governments are invited to submit relevant proposals to the MEPC.
Agenda item 4 - Lessons learned and safety issues identified from the analysis of marine safety investigation reports
III 4 had for its consideration a proposal from IACS of integration of the GISIS (Marine and Casualty Incidents) MCI module with commercial databases, considering it would facilitate FSA Studies.
III 4 estimated that there may be risks with commercial databases being incomplete and that the current. Furthermore, reporting obligations of the Member States into GISIS MCI module is not designed to substantively support FSA studies.
The Working Group (WG) set up by the Plenary addressed the procedures on casualty analysis.
It stressed that the format of the analysis of marine safety investigation report is not sufficiently focused on identifying safety issues. Improvement in casualty analysis procedure would in turn enable III to better analyse marine casualties and incidents to support the identification of trends and the IMO rule-making process.
However, the current casualty analysis procedure, as set out in annex 2 to document FSI 17/WP.1, will continue to be applied until the new draft marine safety investigation reports analysis procedure is endorsed.
A new Correspondence Group on Analysis of marine safety investigation reports has been established.
Agenda item 5 - Measures to harmonize port state control (PSC) activities and procedures worldwide
5.1. Amendments to the Procedures for port State control
III 4 finalized the draft revision of the Procedures for port State control, 2011 (Resolution A.1052(27)), taking into account :
· Guidelines for port State control officers on certification of seafarers, hours of rest and manning ;
· STCW.7/Circ.24/Rev.1 on Guidance for Parties, Administrations, port State control authorities, recognized organizations and other relevant parties on the requirements under the STCW Convention, 1978 ;
· Fire integrity of the bulkheads between the wheelhouse and a toilet inside the wheelhouse, and the location of manually operated call points ;
· Voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments.
The sub-committee agreed to the revised text of the draft Guidelines for port State control officers on certification of seafarers, manning and hours of rest which has been included in the appendix 11 of the draft Procedures.
III 4 decided to insert the text regarding the Guidelines on the voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments (MSC.1/Circ.1565) as a new paragraph under section 1.2 Application of Chapter 1 – General.
It reviewed sections 6.1 and 6.2 of appendix 6 to the Procedures for port State control, 2011, in relation to the fire integrity of the bulkheads between the wheelhouse and a toilet inside the wheelhouse.
The draft version of the Procedures for port State control will be submitted to the Assembly for adoption at its thirtieth session (27 Nov—Dec 2017).
5.2. Updating of existing ECDIS
NCSR 3 had agreed with the International Hydrographic Organization (IHO)'s proposal for the extension of the period to keep the previous editions of IHO S-52 and S-64 valid from 1 September 2016 until 31 August 2017, to enable shipowners and operators to update existing systems in accordance with the guidance concerning the maintenance of ECDIS software contained in MSC.1/Circ.1503.
Intertanko raised the fact that some ECDIS manufacturers had been unable to provide the necessary updates within the requested time frame, i.e. before 1 September 2017. IHO confirmed that there are still a large number of ships using ECDIS that have not been upgraded to the current IHO Standards, and that an ECDIS using Presentation Library Edition 3.4 will continue to function and remain safe, despite possibly not being compliant with the latest ECDIS standards.
III 4 has issued a circular on action to be taken by port states on the required updates of electronic chart display and information systems (ECDIS).
Port State Control Officers (PSCOs) inspecting ships carrying ECDIS that have not been updated as per SOLAS chapter V, due to the lack of availability of required updates from the manufacturer, should check whether relevant documentation has been issued by the flag State; and in the absence of flag State's documentation, the PSCOs should consult with the flag State accordingly.
Agenda item 8 - updated survey guidelines under the harmonized system of survey and certification (HSSC)
8.1. Early implementation of amendments to the 1974 SOLAS convention and related mandatory instruments
MSC 98 endorsed the view that voluntary early implementation should be communicated to the IMO by Contracting Governments to the 1974 SOLAS Convention for dissemination through a new area "Voluntary early implementation" to be created in the GISIS module on "Survey and Certification".
MSC 98 agreed that a Contracting Government to SOLAS may also consider the use of the existing provisions for equivalent arrangements under SOLAS regulation I/5 to cover the interim period between the date of the voluntary early implementation and the entry-into-force date of the amendment(s).
MSC 98 approved MSC.1/Circ.1565 on Guidelines on the voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments, providing a mechanism for the MSC to invite voluntary early implementation.
III 4 has endorsed the Secretariat's proposals on establishing a dedicated MSC circular series, i.e."MSC.7" to identify more easily MSC circulars issued on early implementation and recommended its approval to MSC 99.
8.2. Further development of the GISIS module on ROs
III 4 had for its consideration draft specifications of further developments of the GISIS module in the view to extend the application of the module to include additional mandatory instruments and to improve its data collection process by providing the participation of ROs through data management interfaces controlled by Member States.
III 4 endorsed the proposed checklist regarding assessments and confirmation against minimum standards for the RO by the Administration and the proposal to allow restricted data feed participation by ROs.
It agreed to the draft specifications for further development of the RO module of GISIS, including the retention of the existing facility for uploading the text of the agreement, which remains open for further consideration at another session of the III.
8.3. Exemption of survey and certification requirements under the MARPOL convention for unmanned non-self-propelled (UNSP) barges
III 3 drafted amendments to MARPOL Annexes I, IV and VI concerning the exemption of UNSP barges from survey and certification requirements associated draft Guidelines for exemption of unmanned non-self-propelled (UNSP) barges from the survey and certification requirements under the MARPOL Convention. It had agreed that the exemption certificates for UNSP barges should be part of the individual MARPOL Annexes I, IV and VI, rather than appendices to an MEPC circular.
However, more study and work need to be carried out if the exemption certificates are made part of the individual MARPOL Annexes I, IV and VI, and the issue regarding definitions or identification of UNSP barges need to be further considered. Some doubts remain on the point that regulations 12 (sludge tanks for oil residues), 13 (standard discharge connection) and 14 (oil filtering equipment) of MARPOL Annex I do not apply to UNSP barges in the draft amendments.
Owing to the fact that there was no submission on this issue for the consideration of the sub-committee, interested delegations are invited to make relevant submission to its next session.
8.4. Consistency of in-water survey (IWS) provisions for passenger and cargo ships
MSC 98 had considered document from IACS providing technical data regarding rudder bearing clearances on cargo and passenger ships, for removal of perceived inconsistency between the in-water survey (IWS) provisions for passenger and cargo ships by dispensing the requirement to take measurements of the rudder bearing clearances on cargo ships. It had agreed to instruct III 4 to further consider the issue raised by IACS and, if appropriate, to prepare draft amendments to the Survey Guidelines under the HSSC.
III 4 had for its consideration new documents from IACS on two separate issues :
· to dispense with the requirement to take measurements of the rudder bearing clearances of cargo ships ;
· discrepancies between resolution A.1104(29) on Survey Guidelines under the HSSC, 2015 and MSC.1/Circ.1348 on Guidelines for the assessment of technical provisions for the performance of an in-water survey in lieu of bottom inspection in dry-dock to permit one dry-dock examination in any five-year period for passenger ships other than ro-ro passenger ships.
III 4 decided to seek technical input from the SDC Sub-Committee prior to considering further issues raised in both documents.
8.5. Survey guidelines for the purpose of the BWM Convention under the harmonized system of survey and certification
MEPC 71 adopted resolution MEPC.287(71) on Implementation of the BWM Convention, in lieu of the implementation schedule recommended in resolution A.1088(28). It instructed III 4 to incorporate theInterim Survey Guidelines for the purpose of the BWM Convention under the Harmonized System of Survey and Certification (BWM.2/Circ.7), in the draft amendments to the Survey Guidelines under the HSSC, 2015, with a view to submission to A 30 for adoption.
MEPC 71 also instructed III 4 to introduce provisions in the amendments to the Survey Guidelines under the HSSC for validating the compliance of individual BWM System (BWMS) with regulation D-2 of the BWM Convention in conjunction with their commissioning.
III 4 agreed to a new draft survey item (BI)126.96.36.199bis to address the instruction of MEPC 71 to introduce provisions for validating the compliance of individual BWMS, with regulation D-2 of the BWM Convention at the commissioning stage.
The initial surveys already conducted have been based on the Interim survey guidelines as provided in BWM.2/Circ. 7 and that the applicability of the new survey item (BI)188.8.131.52bis, as requested by MEPC 71, should not apply to those vessels which have already been subject to an initial survey.
III 4 had lengthy discussions regarding issues such as, which entity will be responsible (shipyard, owner, manufacturer, flag State or RO), and how compliance would be verified, whether existing guidelines would be applicable or new ones would need to be developed.
It invited the MEPC to consider whether detailed aspects of the validation of the compliance of individual BWMS with regulation D-2 of the BWM Convention in conjunction with their commissioning need to be addressed.
8.6. Amendments to survey guidelines under the HSSC
The Sub-committee agreed to the draft amendments to the Survey Guidelines under the HSSC, 2015 (resolution A.1104(29)), together with the draft requisite Assembly resolution, for submission, as a consolidated version, to the Assembly at its thirtieth session for consideration with a view to adoption.
Proposed draft amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2015 (resolution A.1104(29)) pertain to the amendments to the relevant IMO instruments entering into force up to and including 31 December 2017.
The Drafting Group restructured the frame of the Survey Guidelines under the HSSC by inserting annex 3bis on Survey Guidelines under the BWM Convention before annex 4 on Survey Guidelines under mandatory codes.
It revised paragraph 5.13 and items (CR) 2.4.5bis.6, (CI) 184.108.40.206, (CA) 220.127.116.11, (PI) 18.104.22.168, (PR) 22.214.171.124, (PR) 5.2.2.bis.23 and (OIn) 126.96.36.199.3.
It made also some editorial changes, including a footnote reference to (AI) 188.8.131.52bis regarding exhaust gas cleaning system.
Agenda item 9. Non-exhaustive list of obligations under instruments relevant to the IMO instruments implementation code (III Code)
III 4 agreed to the draft amendments to the 2015 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (resolution A.1105(29)), deriving from amendments to relevant mandatory instruments due to enter into force up to and including 1 July 2018, together with the draft Assembly resolution for submission, as a consolidated version, to the Assembly at its thirtieth session for consideration with a view to adoption.
Agenda item 11. Review the Model Agreement for the authorization of recognized organizations acting on behalf of the Administration
MSC 97 agreed to include in the 2016-2017 biennial agenda of the III Sub-Committee and the provisional agenda for III 4 a new output on review the Model Agreement.
III 4 had for its consideration various documents from China and two options from IACS for revising the Model Agreement : the first one is to delete the Model Agreement, the second one to provides a draft updated Model Agreement.
Pleanry instructed the Drafting Group established under agenda item 9 to draft terms of reference for an intersessional correspondence group to review and amend the Model Agreement for the authorization of recognized organizations acting on behalf of the Administration (MSC.1/Circ.710 –MEPC.1/Circ.307).