Class and Statutory News

IMO III 2 - OUTCOMES OF HSSC WORKING GROUP

Jul. 21 2015

Report on IMO Sub‐Committee III 1 ‐ 13 to 17 July 2015 - agenda item 9 / 10 /11

Introduction

The Sub-Committee on Implementation of IMO Instruments held its second session from 13 to 17 July 2015 at IMO HQ in London.

This report provides an overview of the agenda item 9 / 10 /11

9 - Updated Survey Guidelines under the Harmonized System of Survey and Certification (HSSC)

10 - Non-exhaustive list of obligations under instruments relevant to the IMO Instruments Implementation Code (III Code)

11 - Unified interpretation of provisions of IMO safety, security, and environment related Conventions

See news attachment for III_2-WP.4 - Annex.pdf 

Updated Survey Guidelines under HSSC (WP4 – annex 1, 2, 3, 4, 5 and 6)

A –Intermediate and renewal survey window for ship not subject to ESP regime (WP4 – annex 1 and 2)

Background : The MSC 92 took a policy decision to align the survey regime for ships not subject to the enhanced survey programme of inspections of bulk carriers and oil tankers (ESP ships) with that of ships subject to it, as contained in document MSC 92/12/2 (Liberia et al.), and noted that any changes to the existing arrangements might require the development of draft amendments to SOLAS chapter XI-1 regarding renewal and intermediate surveys and to the Survey Guidelines under the HSSC, taking into account the risk of potential conflict with provisions such as SOLAS regulation I/10(a)(iii). MSC 92 instructed the FSI (III) Sub-Committee to prepare all relevant amendments.

Outcome : The Sub-Committee III 2 agreed a draft new SOLAS regulation XI-1/2-1 for submission to MSC 96 for approval and subsequent adoption in conjunction with the relevant amendments to the Survey Guidelines under the HSSC to align the two survey regimes of ships subject to ESP and those not subject to it.

B - Exemption of survey and certification requirements under MARPOL Convention for unmanned non-self-propelled (UNSP) barges. (WP4 – annex 3 and 4)

Background : The MEPC 64 considered document MEPC 64/7/6 which proposed to identify UNSP barges and to develop a method to exempt survey and certification requirements under the MARPOL Convention. Given that many delegations expressed their support for the need to address this issue and careful technical consideration was also needed with regard to the exemption of particular requirements under specific MARPOL Annexes, MEPC 64 agreed to refer that document to FSI 21 (Former Sub‐Committee III) for further consideration, with a view to defining when survey and certification requirements could be exempted for UNSP barges under a specific MARPOL Annex.

The Sub-Committee III 1 developed a draft Guidelines for exemption of unmanned non-self-propelled (UNSP) barges from the survey and certification requirements under the MARPOL Convention 

MEPC 68 in its consideration of the above-mentioned draft guidelines noted the support to develop amendments to relevant MARPOL Annexes to provide a legal basis for exempting UNSP barges from survey and certification requirements. MEPC 68 instructed the Sub-Committee III 2 to further consider, with a view to finalization, the draft amendments to MARPOL concerning the exemption of UNSP barges from survey and certification requirements, taking into account documents MEPC 68/12/4 (Republic of Korea) and MEPC 68/12/10 (New Zealand), and to finalize also the associated draft guidelines.

Outcome : The Sub-Committee III 2 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 69 for approval and subsequent adoption.

The Sub-Committee III 2 agreed to the draft guidelines for exemption of unmanned non-self-propelled barges from the survey and certification requirements under the MARPOL Convention for submission to MEPC 69 for consideration.

Ongoing discussion: 

- Limitation of the exemption for a period of not more than five years and the requirement to conduct a survey to confirm that the conditions are still met before a new exemption is issued.

- Ship’s Condition for the exemption 

- Legal basis for exemption forms in a guideline

- Benefit of an exemption related to MARPOL Annex IV (administrative burden would not been reduced)

- UNSP barges possible exemption from regulation 17.1 of MARPOL Annex I on the Oil Record Book (which is neither a survey nor a certification requirement)

 

C. Alignment of the Survey Guidelines with the provisions of the IGC Code (intermediate survey of cargo tanks) (WP4 – annex 5 and 6)

Background : The document III 2/9/2  (IACS) notes  that item (CIn) 2.3.2.3 of annex 1 of the Survey Guidelines under the HSSC, 2011 (resolution A.1053(27), as amended by resolution A.1076(28)) states that for ships over 10 years of age, other than ships engaged in the carriage of dry cargoes only, an internal examination of selected cargo spaces should be undertaken as part of the intermediate survey. It would therefore appear that, according to the Survey Guidelines, selected cargo spaces of a gas carrier should be inspected. 

However considering that the purpose of item (CIn) 2.3.2.3 is to address the verification of the condition of selected cargo tanks, the structures of which are part of the ship's structure and therefore contribute to the ship's global strength, it seems reasonable that an independent cargo tank, such as that on a gas carrier, should be inspected only once during the five year validity of the Safety Construction Certificate.

Outcome : The Sub-Committee III 2 noted the alignment of the Survey Guidelines with the provisions of the IGC Code on survey item related to cargo tanks (Modification of to the survey item (CIn) 2.3.2.3 + New survey item on internal inspection of selected cargo tanks for renewal survey of the IGC)

D. Carriage requirement for atmosphere testing instrument (WP4 – annex 5 and 6)

Background :The document III 2/9/5 (IACS) proposes to modify the Survey Guidelines under the HSSC in light of the recently adopted carriage requirement introduced in SOLAS regulation XI-1/7, as adopted by resolution MSC.380(94) and which is expected to enter into force on 1 July 2016.

Outcome : In line with the provisions of SOLAS regulation XI-1/7, during survey, the availability of an appropriate portable atmosphere testing instrument, as well as suitable means for calibration for functional testing of the equipment, should be confirmed. 

The Sub-Committee III 2 noted the new item under the relevant sections for initial and annual Cargo Ship Safety Construction Survey and initial and renewal Passenger Ship Safety Survey.

E. Development of a framework for the control, documentation and certification of ships found with deficiencies other than those preventing the ship to proceed to sea

Background : The document III 1/10/4 (IACS), proposes to amend section 4.8 of the Survey Guidelines under the HSSC in relation to the treatment of major and minor deficiencies found during a survey. The III 1 acknowledged that there was a practical need for guidance to deal with deficiencies in a transparent way and established a Correspondence Group to develop a framework for the control, documentation and certification of ships found with deficiencies other than those mentioned in paragraphs 4.8.1 and 4.8.2 of document III 1/10/4 (IACS).

Outcome : A small majority of the delegations agreed with draft paragraph 4.8.3 covering guidance for cases where deficiencies, other than those as described in paragraphs 4.8.1 and 4.8.2 of the Guidelines, are found and cannot be rectified at the time of the survey, while the ship is fit to proceed to sea without danger to the ship, or persons on board, or without presenting an unreasonable threat of harm to the environment.

Ongoing discussion

- Insertion of the word "statutory" in the first sentence of subparagraph 1 of new paragraph 4.8.3 (Some delegation stressed that a statutory deficiency related to a statutory certificate could not be treated as a condition of class)

F. Amendments to the Survey Guidelines in general (WP4 – annex 5 and 6)

Background : The Sub-Committee III 1 agreed that the draft amendments to the Survey Guidelines needed to be further developed to include the requirements deriving from amendments to relevant IMO instruments entering into force up to and including 31 December 2015, with a view to submission of draft amendments, together with a draft resolution, to III 2 for consideration prior to submission to A 29 for adoption.

Outcome : The Sub- Committee agreed to the draft amendments to the Survey Guidelines under the HSSC, 2011 (resolution A.1053(27)), as amended by resolution A.1076(28)), together with the draft requisite Assembly resolution, for submission to the Assembly  A 29 for consideration with a view to adoption.  NB : The final texts will be a consolidated version of the Survey Guidelines

Amendment introduced at this session:

- Inclusion and corrections of some references in paragraphs 2.8.1 to 2.8.6 of the section "General" of the Survey Guidelines.

- Paragraphs 4.8.1 and 4.8.2 (deficiencies) of the general part of the Survey Guidelines with regard to the term used in MARPOL and the mandatory Codes related to pollution prevention, and added the terms "or without presenting unreasonable threat of harm to the environment" to identify the deficiencies appropriately.

- Under the Cargo Ship Safety Equipment Certificate, in the section related to the checking of logbook entries.  Musters of newly-embarked passengers on voyages where passengers are scheduled to be on board for more than 24 hours also apply to cargo ships which may carry up to 12 passengers.

- Alignment of the Survey Guidelines with the provisions of the IGC Code (see paragraph C above)

- Carriage requirement for atmosphere testing instrument (see paragraph D above)

- Framework for minor deficiencies (see paragraph E above)

G. In Water Survey provisions for passenger and cargo ships

Background : The document III 2/9/3 (IACS), proposed draft amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2011 (resolution A.1053(27) as amended by resolution A.1076(28)) to provide consistency between the In Water Survey (IWS) provisions for passenger and cargo ships

Outcome : the Sub-Committee III 2 , having considered the views that the survey regime for passenger ship and cargo ship is different and more technical data regarding rudder bearing clearance is needed, invited IACS to submit to the Maritime Safety Committee more data supporting the proposed removal of perceived inconsistency between provisions for passenger and cargo ships for its consideration.

H . Survey and Certification matters pertaining to Polar Code

Background : The MSC 94 instructed the Sub-Committee III to consider, in its next review of the Survey Guidelines under the HSSC, survey and certification matters contained in the provisions of the Polar Code, which was adopted by resolution MSC.386(94), prior to the expected entry into force of the new SOLAS chapter XIV on 1 January 2017.

Outcome : Due to time constraints, the Sub- Committee III 2 was unable to consider the survey and certification matters pertaining to the Polar Code and agreed to task a Correspondence Group to work intersessionally on this issue.

Amendments to the non-exhaustive list of obligations

Outcome : The Sub- Committee III 2 agreed to the draft amendments to the 2013 Non-exhaustive list of obligations under instruments relevant to the IMO instruments implementation Code (resolution A.1077(28)), together with the draft requisite Assembly resolution to contain as an annex the consolidated text of the Non-exhaustive list of obligations, for submission to the Assembly A 29 for consideration with a view to adoption.

Unified interpretation of provisions of IMO safety, security, and environment related Conventions

Date of expiration assigned to statutory certificates

Background : The document III 2/11 (IACS) provides information regarding the approaches taken by IACS Members when assigning the expiration dates to statutory certificates and seeking comments from the Sub-Committee on the issue of expiration dates assigned to statutory certificates.

Outcome : The Sub-Committee III 2 concurred with the views expressed that the IMO should not be requested to decide in favour of one of the two options presented in paragraph 3 of document III 2/11. And agree to develop a draft MSC-MEPC.5 circular on the date of expiration assigned to statutory certificates, taking into account the definition of "Anniversary dates" contained in the conventions and "valid certificates" in the PSC Procedures (resolution A. 1052(27)).

Due to time constraints, the Working Group was unable to develop a draft MSC-MEPC.5 circular on issue. The Sub-Committee agreed to task a correspondence group to work intersessionally on this issue.