III 6 – 1ST TO 5TH JULY 2019 MAJOR OUTCOMES OF THE 6TH SESSION OF THE SUB-COMMITTEE ON IMPLEMENTATION OF IMO INSTRUMENTS

III 6 finalized the latest versions of important operational : draft amendments to the Survey Guidelines under the HSSC, 2017 (Res A.1120 (30)) ; draft Resolution on Procedures for PSC, 2019 ; draft amendments to the 2017 Non-exhaustive list of obligations under instruments under the IMO Instruments Implementation Code (resolution A.1121 (30)). It also finalized draft MSC-MEPC circular on the revised Model Agreement for the authorization of recognized organizations acting on behalf of the Administration.

 

MARINE & OFFSHORE DIVISION MANAGEMENT

L-C&R

 

III 6 – 1st to 5th july 2019

major outcomes of the 6th session of the Sub-Committee on Implementation of IMO Instruments 

 

SUMMARY

The 6th session of the sub-committee on implementation of IMO instruments (III 6), was held at IMO Headquarters from 1 to 5 July 2019.

 

III 6 :

 

• approved the draft Assembly resolution on Procedures for PSC, 2019, to revoke resolution A.1119(30), for direct submission  to A 31 for adoption (item 5) ;

• agreed to the draft MSC-MEPC circular on the revised Model Agreement for the authorization of recognized organizations acting on behalf of the Administration with a view to submission to MEPC 75 and MSC 102 for approval (item 8) ;

• agreed draft amendments to MARPOL Annexes I, IV and VI concerning the exemption of UNSP barges from survey and certification requirements, and agreed in parallel the draft MEPC.1 circular on Guidelines for exemption of unmanned non-self-propelled barges from the survey and certification requirements under the MARPOL Convention, both for submission to MEPC 75 for approval (item 8) ;

• approved draft amendments to the Survey Guidelines under the HSSC, 2017 (Res. A.1120(30)), together with the draft requisite Assembly resolution, with a view to submission, in a consolidated  form, to A 31 for consideration and adoption (item 8) ;

• approved draft amendments to the 2017 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (resolution A.1121(30)), together with the draft requisite Assembly resolution (item 9) ;

 

Item 3 - Consideration and analysis of reports on alleged inadequacy of port reception facilities

96 cases of alleged inadequacies of Port Reception Facilities (PRFs) were reported in 2018, i.e 21 more cases than in 2017.

 

Following the request of III 5, the previous annual enforcement report on inadequacies of port reception facilities for 2017 was taken into account by MEPC 73 in drafting Res. MEPC.310(73) on Action Plan to address marine plastic litter from ships.

 

The Action Plan encouraged Parties to MARPOL Annex V to implement their obligation to provide adequate facilities at ports and terminals for the reception of garbage.

 

It can be recalled that MEPC 74 has tasked III 7 to consider proposals for enhancing the enforcement of MARPOL Annex V, including, where possible, through a risk-based approach, and if appropriate prepare draft amendments to the Procedures for PSC

 

 

Item 4 - Lessons learned and safety issues identified from the analysis of marine safety investigation reports

 

III 6 approved the text of Lessons Learned from Marine Casualties and their release on the IMO website. It agreed that the following three potential safety issues would require further analysis :

•     fatal accidents involving elevators;

•     fatal accidents related to collisions involving fishing vessels; and

•     fatal accidents due to fall from height.

 

 

In considering the loss of the very large ore carrier (VLOC) Stellar Daisy, III 6 noted the intention of the Marshall Islands to make appropriate proposals on the identified safety issues to MSC 102.

 

Item 5 - Guidelines and procedures for PSCOs

III 5 had established the Correspondence Group on Measures to harmonize PSC activities and procedures worldwide. It was tasked to develop, for finalization at III 6, the draft revision of the Procedures for port State control, 2017 (Procedures for PSC), annexed to resolution A.1119(30).

III 6 approved the draft Assembly resolution on Procedures for PSC, 2019, to revoke resolution A.1119(30), for direct submission  to A 31 for adoption.

Considering that the amended Assembly resolution on Procedures for PSC, 2019, would most likely not be issued before 1 January 2020, MEPC 74 had agreed that, in view of the imminent entry into force of the 0.50% sulphur limit on 1 January 2020, the 2019 Guidelines for port State control under MARPOL Annex VI Chapter 3 would be issued as an MEPC resolution.

However, III 6 agreed to consider ways of adequately reflecting resolution MEPC.321(74) on the 2019 Guidelines for port State control under MARPOL Annex VI Chapter 3, without amending its contents, in the draft Assembly resolution.

Thus, III 6 reflected Res. MEPC.321(74) on 2019 Guidelines for port State control under MARPOL Annex VI chapter 3, without amending its contents, in the draft Assembly resolution by inserting the full resolution as the new appendix 18 of the Procedures of PSC.

In discussing the terms of reference of the Correspondence Group, the delegation of the Cook Islands proposed to develop guidelines for PSC to ensure that oil fuel used on board was compliant with flashpoint limits as per SOLAS 1974, regulation II 2/4.2.1. This proposal was retained by the Plenary.

III 6 has invited PPR 7 to further review the amendments to the Procedures for PSC relevant to the use of electronic record books that had not been included by III 6, considering that the amendments to the different MARPOL Annexes on the use of electronic record books have not yet entered into force. hence, it has invited MEPC 75 to instruct III 7 to review those amendments before consolidation into the Procedures  for  PSC.

III 6 agreed on the definitions of "ISM related" and "ISM deficiency", and further agreed to add a new column to Form B of the Report of inspection in accordance with IMO port State control procedures, as contained in appendix 13 to the Procedures for PSC, to mark whether the nature of the deficiency was ISM related.

III 6 had also for its consideration text amending the Guidelines for Control of operational requirements (appendix 7). Several delegations expressed the view that there is a need to better structure and align the existing appendix 7 with operational control provisions. Several delegations further expressed the view that the guidelines would need to be aligned with the Guidelines for port State control officers on the ISM Code (appendix 8).

 

The Correspondence group has been instructed to address this topic (see hereinafter).

 

Item 7 - Analysis of consolidated audit summary reports

 

Proposals to develop an evaluation and review guidance for the implementation of the III Code by Member States

 

The Assembly, at its twenty-eighth session, adopted the Framework and Procedures for the IMO Member State Audit Scheme (resolution A.1067(28)), as well as the IMO Instruments Implementation (III) Code (resolution A.1070(28)), which were envisaged to serve both as the guidelines for Member States and the audit standard under the Scheme, once related amendments to the relevant IMO instruments entered into force.

 

III 3 had noted that Member States could benefit from the development of a more detailed descriptive guidance, clarifying specific requirements of the III Code, and providing guidance for their implementation in order to assist Member States with regard to the number of requirements of the III Code, related to the established major areas of findings.

 

III 5 had also noted the need for the development of a more detailed descriptive document, which would include practical guidance on the implementation and enforcement of the mandatory IMO instruments.

 

China has analyzed the difficulties in the implementation of the provisions of the III Code encountered by flag States and proposes to develop a manual to assist in its implementation. China concluded that an important reason for the difficulties in implementation within the mentioned area is related to the differences in understanding of the provisions of the III Code by flag States. China supported that it is necessary to develop a manual on how to implement the III Code provisions.

 

III 6 had also for its consideration a proposal to develop a Member State Manual for IMSAS based on Circular Letter No.3425 (Auditors Manual for IMSAS) to assist Member States in preparing for future audits under IMSAS, and following up from the decisions made by III 5 in terms of the need for additional support to Member States in their preparation for the audit

 

A large majority of delegations that intervened supported the proposals that there is a need to develop guidelines to assist in the implementation of the III Code by Member States, and this should include all parts of the III Code (general, flag, coastal and port State areas of activities).

 

Acknowledging that the development of the proposed guidelines went beyond its existing work programme, III 6 agreed to propose a new output to MSC and MEPC.

 

 

Item 8 - Updated survey guidelines under the harmonized system of survey and certification (HSSC)

RO model agreement

 

III 5 had agreed to the text of the draft Model Agreement, together with the associated draft MSC-MEPC.5 circular on Model Agreement for the authorization of recognized organizations acting on behalf of the Administration for submission to MEPC 74 and MSC 101 for approval.

 

MSC 101 considered the draft MSC-MEPC.5 circular containing proposed amendments to the draft Model Agreement. It agreed with those of an editorial nature; did not support those of a substantive nature. The Committee instructed III 6 to further consider and review the draft Model Agreement.

 

MSC 101 discussed at length the proposals related to the draft revised Model Agreement Circular.  While the majority of the Member States that spoke supported the editorial changes proposed in the paper, almost all disagreed with all or a significant number of the proposed substantive changes – especially in relation to paragraphs 6.5.5, 8.8.1, 8.8.2, 10, 10.1, 10.2, 10.3. 

 

III 6 considered the proposed changes to the Model Agreement and having determined those proposed changes that were substantial and which should not be considered for insertion.

 

Finally III 6 agreed to the draft MSC-MEPC circular on the revised Model Agreement for the authorization of recognized organizations acting on behalf of the Administration with a view to submission to MEPC 75 and MSC 102 for approval.

 

In its consideration of the second half sentence of proposed amendment to paragraph 6.5.5 of the draft Model Agreement, III 6 recognized that the wording in the sentence is actually in line with paragraph 5.3.2.4 of part 3 of the RO Code and therefore, decided to keep the wording unchanged to ensure consistency with the RO Code as clearly instructed by MSC 101.

 

IACS regretted that many proposals n order to avoid the finalization of a model agreement were rejected. In the view of IACS, if used as an actual agreement between a Member State and a Recognized Organization, would make the conclusion of such an agreement challenging because of:

•     the use of vague and undefined terminology;

•     an impractical and burdensome degree of reporting not required by the RO Code; and

•     the inclusion of text contained only within the non-mandatory guidance in part 3 of the RO Code. 

 

List of certificates and documents required to be carried on board ships

FAL 41, MEPC 70 and MSC 97 and LEG 104 had approved FAL.2/Circ.131-MEPC.1/Circ.873-MSC.1/Circ.1586-LEG.2/Circ.3 containing the revised List of certificates and documents required to be carried on board ships, 2017.

III 6 considered a list of potential additions and draft amendments to the annex of this circular.

 

The Sub-Committee estimated as necessary for the updated version of the joint FAL-MEPC-MSC-LEG circular to reflect :

•     amendments to MARPOL Annex I, II and V, as adopted by MEPC.314(74);

•     amendments to MARPOL Annex VI, as adopted by MEPC.316(74);

•     amendments to the NOx Technical Code 2008, as adopted by MEPC.317(74);

  

so that the issue regarding electronic record books under MARPOL could comprehensively be addressed.

 

III 6 instructed the intersessional correspondence group to further develop the draft amendments

 

Exemption of survey and certification requirements under the MARPOL Convention for unmanned non-self-propelled (UNSP) barges

 

III 6 agreed to the draft amendments to MARPOL Annexes I, IV and VI concerning the exemption of UNSP barges from survey and certification requirements, for submission to MEPC 75 for approval.

In conjunction, it also agreed to the draft MEPC.1 circular on Guidelines for exemption of unmanned non-self-propelled barges from the survey and certification requirements under the MARPOL Convention for submission to MEPC 75 for consideration and approval.

III 5 had agreed to task the Correspondence Group on the Review of the Survey Guidelines under the HSSC to address this issue.

III 6 had for its consideration draft amendments to MARPOL Annexes I, IV and VI and the associated draft MEPC.1 Circular on Guidelines for exemption of the survey and certification requirements under MARPOL Convention for unmanned non-self- propelled barges.

III 1, having noted that MARPOL Annexes I, IV and VI did not have specific provisions to allow an exemption from survey and certification requirements, although MARPOL Annexes I and VI did contain some regulations dealing with exemptions while MARPOL Annex IV did not contain any regulation on exemptions, had invited MEPC 67, in the context of the draft guidelines to be developed, to consider if it was necessary to develop amendments to MARPOL Annexes I, IV and VI or relevant unified interpretations, as appropriate. III 2 endorsed the conclusion that regulations 12, 13 and 14 of MARPOL Annex I need not be covered by the exemption because they are obviously not applicable to UNSP barges.

A compromise proposal was set up : the technical and operational requirements could be moved to the draft Guidelines for exemption of unmanned non-self-propelled (UNSP) barges from the survey and certification requirements under the MARPOL Convention, where the applications of those technical and operational requirements could be fully addressed.

 

Consequently, the Group reached an agreement on the compromise solution and the draft amendments to MARPOL Annexes I, IV and VI and the associated Guidelines were modified accordingly, which include, inter alia, the removal of the technical and operational requirements from the text of the draft amendments to MARPOL Annexes I, IV and VI and addition of a new section titled "2.2 Technical and operational requirements" in the Guidelines.

 

Amendments to the survey guidelines HSSC

III 6 approved the draft amendments to the Survey Guidelines under the HSSC, 2017 (Res. A.1120(30)), together with the draft requisite Assembly resolution, with a view to submission, in a consolidated form, to A 31 for consideration and adoption.

III 4 had established a Correspondence Group to continue updating the Survey Guidelines to include the requirements deriving from amendments to relevant IMO instruments entering into force up to and including 31 December 2019, with a view to submission of draft amendments to the Survey Guidelines to the Committees for approval and to A 31 for adoption.

While approving BWM.2/Circ.70 on Guidance for the commissioning testing of ballast water management systems, MEPC 73 had instructed the above-mentioned Correspondence Group to ensure that the validation of ballast water management systems (BWMS) at their commissioning be incorporated in the Survey Guidelines under the HSSC, 2019 for all ships, including new ballast water management system installations on existing ships. As per the instruction of MEPC 73, the survey item (BI) 1.1.3.17 regarding the validation of ballast water management systems (BWMS) at their commissioning has been incorporated into the draft amendments to the Survey Guidelines, bearing in mind that the survey item derives from amendments to regulation E-1 of the BWM Convention, which are expected to be adopted by MEPC 75.

 

Item 9 - Non-exhaustive list of obligations under instruments relevant to the imo instruments implementation code (III CODE)

III 6 has approved the draft amendments to the 2017 Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (resolution A.1121(30)), together with the draft requisite Assembly resolution, with a view to submission, in a consolidated form, to A 31 for consideration and adoption.

III 5 had agreed that the draft amendments to the 2017 Non-exhaustive list of obligations needed to be further developed intersessionally to include the requirements deriving from all amendments to the relevant mandatory IMO, deriving from the amendments to the relevant mandatory instruments due to enter into force up to and including 1 July 2020, for submission to A 31, in a consolidated form, for adoption.

III 6 agreed that the annexes to the Non-exhaustive list of obligations need to be further amended in the future, in order to keep them updated with amendments to the relevant IMO instruments entering into force up to and including 1 July 2022. In this respect the Group suggested the re-establishment of the correspondence group.