IMO News Magazine, Issue 4.2001

T H E M A G A Z I N E O F T H E INTERNATIONAL MARITIME ORGANIZATION

IM NEWS

I S S U E 4 . 2 0 0 1

MARITIME SECURITY TO THE FOREAFTER TERROR STRIKES

ANTI-FOULING CONVENTION TOBAN TBTS

IMO COUNCIL INCREASES ASMEMBERSHIP CONTINUESTO RISE

www.imo.org. No.4 2001 IMO NEWS 3

IMO News • Issue 4 2001

Contents

The International MaritimeOrganization (IMO)4, Albert EmbankmentLondon SE1 7SRUKTel +44 (0)20 7735 7611Fax +44 (0)20 7587 3210Email (general enquiries)[email protected] Website www.imo.org

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IMO News is the magazine ofthe International MaritimeOrganization and isdistributed free of charge toqualified readers. Theopinions expressed are notnecessarily those of IMO andthe inclusion of anadvertisement implies noendorsement of any kind byIMO of the product or serviceadvertised. The contents maybe reproduced free of chargeon condition thatacknowledgement is given toIMO News.

Please allow at least tenweeks from receipt at IMO foradditions to, deletions from orchanges in the mailing list.

Copyright © IMO 2001Pub 484/01

Opinion

4 Maritime security and safety now inextricably linked, says IMO Secretary-General William O’Neil

I Intelligence

5 IMO to tackle security issues in wake of terrorist atrocities

6 Tampa incident prompts review of refugee and asylum issues

6 TBT ban convention adopted

8 International Memorial to Seafarers unveiled

9 International Maritime Prize to Finland; IMO council increases; membership rises again

Feature

10-13 The culture of safety at sea

International Maritime Prize winner Heikki Valkonen offers his views on how the mindset of the industry is a crucial factor in promoting safetyFrom the meetings

From the meetings

14-15 Sub Committee on Stability, Load Lines and Fishing Vessels (SLF) 44th session

16-17 Legal Committee 83rd session

18-23 Assembly 22nd session

IMO at work

25 New safety standards for Africa’s small ships; Dangerous goods symposium highlights African concerns

26 Black Sea countries agree ballast water deal; Boost for ITCP fund; World Maritime Day celebrated worldwide

A Coast Guard rescueteam from Sandy Hook,

NJ, races to the scene ofthe World Trade Centerterrorist attack: Photo,

US Coast Guard Digital


Opinion

4 IMO NEWS No.4 2001 www.imo.org.

The 22nd Assembly of the IMO, the Organization’s highest governing body, opened at a timewhen the world was facing enormous uncertainty in the aftermath of the dreadful terrorist

attacks on the United States. The shock waves from those terrible events have spread throughoutthe whole world and the ramifications are being felt in almost every facet of our lives.

Safety and security have assumed a higher profile than ever and have been placed on the topof the priority list. The UN Security Council adopted a resolution, on September 28th, containingwide-ranging comprehensive measures and strategies to combat international terrorism.

In this context, shipping and maritime structures are clearly vulnerable. I therefore initiatedsteps to prepare a resolution, which was adopted by the IMO Assembly, on measures andprocedures to prevent acts of terrorism which threaten the security of passengers and crewsand the safety of ships – issues which, in my view, necessitated a prompt response from IMO.

The thoughts and prayers of every civilized man went out to the innocent victims of theatrocities committed, the heroic emergency service staff lost and their families. It was withthose people in my mind that I communicated with Admiral Loy, the distinguishedCommandant of the United States Coast Guard, to convey to him my personal heartfeltsympathy and condolences as well as those of the staff and the entire IMO membership; and,while stating that the world maritime community was sharing the anguish of the Americanpeople, I emphasized my determination to work with others so that shipping would notbecome a target of international terrorism.

I am anxious to ensure that all necessary technical and legal measures to prevent andsuppress acts of terrorism directed against shipping are put in place without delay. To achievethis, prompt action by the competent bodies of the Organization under the direction of theCouncil and with due regard to the relevant work of other international organizations,including industry organizations, will be necessary.

In submitting the Assembly resolution, I was fully aware of the political connotationsunavoidably linked with the issue of terrorism. At the same time, I was not oblivious of IMO’stechnical character, which I am determined to preserve. However, I fully share the view of theUnited Nations Secretary-General who, speaking in the aftermath of the attacks, said that“there can be no acceptance of those who would seek to justify the deliberate taking ofinnocent civilian life, regardless of cause or grievance. If there is one universal principle that allpeoples can agree on, surely it is this”.

In the light of the heavy legacy passed to the civilized world by the recent tragic events, Istrongly believe that we, the maritime community, have a role to play and a contribution tomake in the world’s effort to rid our generation and those to come from the menace of terrorism.

I believe that we have a responsibility, both professional and moral, to work together toreduce, even eliminate, any risk to passengers, crews and port personnel on board ships and inport areas, as well as to vessels and their cargoes, which may be triggered by terrorist acts. Ialso believe that there is a need to expand IMO’s security measures, which at present coveronly passenger ships and passenger ferries, to cover other potentially vulnerable ship types, forexample gas carriers, chemical and oil tankers and ships carrying dangerous goods.

The main thrust of the resolution, therefore, is to initiate a major review to ascertainwhether there is a need to update existing IMO instruments; to adopt, as may be necessary,new security measures to strengthen the security of ships and, in the light of such a review, totake any further prompt action required.

Just as the events of September 11th have affected so many aspects of our lives, so must theresponse be comprehensive. The adoption of this resolution will pave the way for acontribution from the shipping sector that is both decisive and thorough.

Safety and security nowinextricably linked

Intelligence

IMOis to address maritime security issuesin the wake of the September 11

attacks on New York and Washington DC. At its22nd meeting in London in November, the IMOAssembly adopted a resolution calling for a reviewof the existing international legal and technicalmeasures to prevent and suppress terrorist actsagainst ships and improve security both aboard andashore. The aim is to reduce any associated risk topassengers, crews and port personnel on boardships and in port areas and to vessels and theircargoes.

The Legal Committee of the IMO will review theIMO Convention for the Suppression of UnlawfulActs against the Safety of Navigation and theProtocol on Unlawful Acts against Safety of FixedPlatforms – the IMO treaties dealing with this issue– as a matter of priority. The MSC and FacilitationCommittees will also become involved in this work.The resolution also recommends that considerationbe given to the need to expand IMO’s securitymeasures, which at present cover only passengerships and passenger ferries, to cover otherpotentially vulnerable types of ships. In his openingaddress to the Assembly, Mr O’Neil identified gascarriers as among the ship types that might beparticularly vulnerable.

The outcome of the work recommended is to bereported via the IMO Council to the twenty-thirdsession of the Assembly in a progress reportsubmitted by the Secretary-General.

In a paper to the IMO Council’s 21stExtraordinary Session, convened ahead of theAssembly meeting, IMO Secretary-General WilliamO’Neil stated his determination to work with others

so that shippingwould not becomea target ofinternationalterrorism.

Addressing theIMO Assembly,Admiral James Loy,Commandant, USCoast Guard, drewattention to theunprecedentednature of theattacks. He said,“What we saw onSeptember 11thwas new –hijackers takingover commercialflights for the solepurpose of turningthem into humanguided weapons ofmass destruction.We must translatethat thoughtpattern andrecognize thevulnerability of ourmaritimeenvironment.”

He went on “11thSeptember happened because we lost awareness ofthe signals and events very observable in theaviation domain. Given the vulnerability of our

vessels, ports andwaterways, wemust concentrateon regainingawareness of ourmaritime domain.”

The USA is tofund an inter-sessional workinggroup establishedto address theissue, expected tomeet in the firstquarter of 2002.

IMO to tackle security issues in wake ofterrorist atrocities

The Coast Guard CutterTahoma guards the HudsonRiver as part of increased portsecurity duties after Sept. 11terrorist attack on the WorldTrade Centers in New York.Photo: US Coast Guard Digital

Security was immediatelystepped up throughout USports in the wake of Sept. 11.Here a US Coast guard officialchecks passengers’documentation before boardinga cruise ship in Florida

www.imo.org. No.4 2001 IMO NEWS 76 IMO NEWS No.4 2001 www.imo.org.

The IMO Assembly has adopted a resolutioncalling for a thorough review of safety

measures and procedures for the treatment ofpersons rescued at sea, in response to agrowing number of recent incidents involvingasylum seekers and refugees.

The Organization’s Maritime SafetyCommittee, Legal Committee, and FacilitationCommittee, under the direction of the Council,are to review the international conventionsdealing with this subject and any other IMOinstruments under their scope for the purposeof identifying any existing gaps,inconsistencies, ambiguities, vagueness orother inadequacies that may exist.

The resolution is the result of a personalinitiative by Secretary-General William O’Neil,who has said that a review of the currentprocedures should ensure that co-ordinationand co-operation amongst all partiesconcerned are strengthened so that persons indistress at sea or in other emergencysituations are promptly and effectivelydelivered to a place of safety, regardless oftheir nationality and status or thecircumstances in which they are found. MrO’Neil stresses that survivors, includingundocumented migrants, asylum seekers andrefugees, as well as stowaways, should betreated, while on board, in accordance withrelevant international agreements and long-standing humanitarian maritime traditions.

The outcome of the work and any newmeasures recommended will be reported via

the Council to the twenty-third session of theAssembly in a progress report submitted bythe Secretary-General.

In parallel with the Assembly resolution,Mr. O’Neil has brought the issue of personsrescued at sea to the attention of a number ofcompetent United Nations specializedagencies and programmes, pointing out theneed for a co-ordinated approach to allattendant aspects at the United Nations inter-agency level.

Further to proposing a review of therelevant legislation adopted by the UnitedNations agencies and programmesapproached, the Secretary-General has alsoproposed the establishment of a co-ordinatingmechanism (possibly in the form of an inter-agency co-ordinating panel, to be activatedwhen the circumstances so dictate) to ensurethat the response of the United Nations in anyfuture emergency can be co-ordinated in anefficient and consistent manner.

Speaking at the opening of the 22nd IMOAssembly in November, Mr O’Neil said,“Recent events involving survivors of distressincidents, asylum seekers, refugees andstowaways, some of which resulted in loss oflife, have caused justified concern worldwide.IMO is not a social or political body, in thesense that issues of asylum and refugee statusare clearly outside its remit. However, IMOdoes not operate in a political vacuum andcannot ignore the situation around it.”

Tampa incident prompts reviewof refugee and asylum issues

Intelligence Intelligence

Anew IMO convention will prohibit theuse of harmful organotins in anti-fouling

paints used on ships and establish amechanism to prevent the potential futureuse of other harmful substances in anti-fouling systems.

The International Convention on theControl of Harmful Anti-fouling Systems onShips was adopted on 5 October 2001 at theend of a five-day Diplomatic Conference heldat IMO Headquarters in London.

Parties to the new Convention are requiredto prohibit and/or restrict the use of harmfulanti-fouling systems on ships flying their flag,

as well as ships not entitled to fly their flagbut which operate under their authority andall ships that enter their ports, shipyards oroffshore terminals.

Ships of above 400 gross tonnage andabove engaged in international voyages(excluding fixed or floating platforms, FSUsand FPSOs) will be required to undergo aninitial survey before the ship is put intoservice or before the International Anti-fouling System Certificate is issued for thefirst time; and a survey when the anti-foulingsystems are changed or replaced.

Ships of 24 metres or more in length but

TBT ban convention adopted

less than 400 gross tonnage engaged ininternational voyages (excluding fixedor floating platforms, FSUs and FPSOs)will have to carry a Declaration on Anti-fouling Systems signed by the owner orauthorized agent. The Declaration willhave to be accompanied by appropriatedocumentation, such as a paint receiptor a contractor invoice.

Anti-fouling systems to be prohibitedor controlled will be listed in an annex tothe Convention, which will be updatedas and when necessary.

Annex I attached to the Conventionstates that, by an effective date of 1January 2003, all ships shall not apply orre-apply organotin compounds which actas biocides in anti-fouling systems. By 1January 2008 (effective date), shipseither shall not bear such compounds ontheir hulls or external parts or surfaces,or shall bear a coating that forms abarrier to such compounds leachingfrom the underlying non-compliant anti-fouling systems.

The new convention will enter intoforce 12 months after 25 Statesrepresenting 25% of the world’s merchantshipping tonnage have ratified it.

PORT STATE CONTROLRESIDENTIAL COURSE, LONDON, 18 - 27 MARCH 2002

This widely recognised and practical intensive course is now in its 12thsuccessive year. The course is designed especially for officials in

national marine departments, port or terminal operators, shipmanagers and shipowners.

The course covers in detail the major IMO conventions and codesalong with other relevant international regulations and conventions,inspection systems and documentation. The Course is taught by an

experienced team of practitioners from the UK, USA and Europe.

The course fees are sterling £2,950 and cover tuition, meals andstudent type accommodation in central London for the duration of the

course. The course fees without the accommodation and meals are £2,700.

The course is conducted by the Centre for Maritime Co-operationof the International Chamber of Commerce.

Further details can be obtained from:

Mr Ben Roberts, Course Co-ordinatorICC Centre for Maritime Co-operation

Maritime House, 1 Linton Road, Barking, Essex IG11 8HG,United Kingdom

Tel: ++ 44 020 8591 3000 Fax: ++ 44 020 8594 2833E-mail [email protected]

IMO Secretary-General William O’Neil and MarineEnvironment Division director Koji Sekimizu flank CaptainA. Ojeda Zernott of Chile, who presided over thediplomatic conference that adopted the anti-foulingconvention


Intelligence Intelligence

The InternationalMemorial to Seafarers

was unveiled on WorldMaritime Day, 27 September2001, in a spectacularceremony at the Londonheadquarters of theInternational MaritimeOrganization.

The memorial, a seven-metre high, ten-tonne bronzerepresentation of the bow ofa cargo ship with a loneseafarer on the deck, is thework of internationallyrenowned sculptor MichaelSandle. Its dramaticconfiguration and massive

scale have transformed the front of the IMObuilding and created a major newLondon landmark on the Thamesriverfront.

Speaking at the unveilingceremony, IMO Secretary-GeneralWilliam O’Neil said, “The ship has atimeless air and the figure – rugged,reliable, and dependable – embodiesall the qualities that have beendemanded of seafarers throughouthistory.”

In a special written messageprepared for the ceremony, theSecretary-General of the UnitedNations, Kofi Annan, said, “Themajority of world commerce istransported by sea, makingseafarers one of the pillars of theglobal economy. The men andwomen of the industry are adedicated group, who work hard indifficult and sometimes dangerousconditions.”

Mr O’Neil was accompanied by adistinguished array of speakers atthe ceremony. The Deputy PrimeMinister of the United Kingdom, MrJohn Prescott, himself a formerseafarer, was joined by Mr DavidCockroft, General-Secretary of theInternational Transport Workers’Federation, representing seafarers,Mr Chris Horrocks, Secretary-General of the International

Chamber of Shipping and the InternationalShipping Federation, representing shipowners, andthe Reverend Canon Bill Christianson, Secretary-General of the Mission to Seafarers.

The genesis of the memorial can be traced to1998, when IMO Secretary-General William O’Neilproposed to the IMO Council that a trust fund beestablished dedicated to the training and educationof seafarers. It was also proposed that the fundshould finance the creation of a sculpture thatwould be a lasting memorial to seafarersthroughout the world. Several internationallyrenowned artists were asked to put forward theirinterpretations of the brief and Michael Sandle’sdesign was chosen by a steering committee from ashort-list of three.

A special supplement commemorating thebuilding and unveiling of the sculpture is publishedwith this issue of IMO News.

International Memorial toSeafarers unveiled at IMOHeadquarters

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The prestigious International Maritime Prize for2000 has been awarded to Mr. Heikki Juhani

Valkonen, former Director of the Maritime SafetyDepartment in the Finnish Maritime Administration.

Mr. William A. O’Neil, Secretary-General of theInternational Maritime Organization, presented theprize to Mr. Valkonen at a special ceremony at IMO’sLondon headquarters during the Organization’s 22ndAssembly session.

The International Maritime Prize is awardedannually by IMO to the individual or organizationjudged to have made the most significant contributionto the work and objectives of IMO. The 86th sessionof the IMO Council in June took the decision toaward the prize to Mr. Valkonen in recognition of hislong service to the cause of maritime safety.

Mr. Valkonen, a Master Mariner, has representedFinland at IMO since 1970, chairing the Sub-Committee on Standards of Training andWatchkeeping from 1990 to 1993 and the newlyestablished Sub-Committee on Flag StateImplementation from 1993 to 1996.

From 1970 to 1983 he was Finland’srepresentative at several meetings ofthe Sub-Committee on Life-SavingAppliances, the Sub-Committee onRadiocommunications and the Sub-Committee on Safety of Navigation.

During 1972, Mr. Valkonenoccasionally represented Finland in theSub-Committee on Ship Design andEquipment and the Sub-Committee onDangerous Goods. Since 1983 he hasbeen the Finnish representative at themeetings of the Maritime Safety Committee and theAssembly of IMO.

He represented Finland at meetings of the IMOCouncil in 1997–2000.

The International Maritime Prize consists of asculpture in the form of a dolphin and includes afinancial award. The winner of the annual prize is alsoinvited to write a paper on a theme relating to thework of IMO. The paper is published in this issue ofIMO News (see page 10).

International Maritime Prizegoes to Finland

The IMO Council is to increase in size to 40Members from 32, following the acceptance by

two-thirds of Member States of amendments to theIMO Convention.

The 1993 amendments will enter into force on7 November 2002, 12 months after Papua NewGuinea deposited its acceptance of theamendments, bringing to 107 the number ofacceptances (two-thirds of the 160 IMO MemberStates) which were required to bring theamendments into force.

IMO Secretary-General Mr. William A. O’Neil saidthat increasing the size of the Council was animportant step in ensuring that its size wasmaintained at a level proportional to the membershipof the Organization and that it included a good cross-section of Member States from the differentgeographical regions of the world.

“The expansion of the Council will ensure abroader representation for the body, which acts as

IMO’s governing body between sessions of theAssembly and has a crucial role to play in decidingon such matters as the selection of the Secretary-General and the IMO work programme and budget.This is particularly important to the developingcountries and to large flag States,” said Mr. O’Neil.

Under the 1993 Amendments, Council Memberswill be elected by the IMO Assembly in threedifferent categories, as follows:

(a) 10 shall be States with the largest interest inproviding international shipping services;

(b) 10 shall be other States with the largest interestin international seaborne trade; and

(c) 20 shall be States not elected under (a) or (b)above which have special interests in maritimetransport or navigation and whose election tothe Council will ensure the representation of allmajor geographic areas of the world.

IMO Council to increase to 40 members at the end of 2002

The Comoros islands, St Kitts and Nevis and theRepublic of Moldova have become Members of

the International Maritime Organization (IMO),following their deposit of instruments of

acceptance of the Convention on the InternationalMaritime Organization, as amended, with theSecretary-General of the United Nations. Thenumber of IMO Member States now stands at 161.

IMO membership grows

IMO Secretary-General William O’Neilswitches on the floodlights as theInternational Memorial to Seafarers isformally unveiled

From left, His Excellency Mr PerttiSalolainen, Ambassador of Finland to theUnited Kingdom, Heikki Juhani Valkonen,former director of the Maritime SafetyDepartment in the Finnish MaritimeAdministration and winner of theInternational Maritime Prize, and IMOSecretary-General Mr William O’Neil


Features • International Maritime Prize essay International Maritime Prize essay • Features

For centuries, the forces of nature which are soclosely linked with the maritime environment

were considered so vast, and the abilities of humansto struggle against them were deemed so small,that any reference to them rendered efforts toassure safety redundant. The shipping industryand, to some extent, mariners themselvesresponded to all presentations on the subject ofmaritime safety with a haughty smirk, even to theextent that seafarers did not even want to learn toswim. In fact, it may be said that maritime safety forindividual ships was encapsulated in the phrase:‘the master on his ship and God in Heaven are thegreatest lords in the world’ – and in precisely thisorder. This is well expressed in the followingexcerpt from a letter by the Finnish shipmaster F.W. Torkki to the shipowner, the merchantGranlund: “As before, it is quite common here thatsailors jump ship and therefore I am afraid thatsome of my men will also do so. The worst problemis that the ship is leaking so much that I dare notset sail without a full crew.” The letter was dated8 January 1896 in Brunswick.

The history of merchant shipping has taught usthat safety at sea is a collective responsibility. Andmaritime safety is far too complex and important amatter to be left entirely in the hands of the Master,the maritime authorities, shipowners or any otherparty within the maritime community. The slogan‘maritime safety requires a contribution from us all’has almost become a cliché, but this does notdiminish the essential truth of it. Maritime safety isthe joint concern of crews, shipowners, tradeunions, maritime authorities, classification societies,charterers, etc. In this context, the InternationalMaritime Organization (IMO) plays an essentialpart not only as a provider of norms but as acommon forum for discussion.

To create a maritime safety culture one needs toaddress the individual, the one component that ismost difficult to change since it requires a changein both actions and attitudes. As each of us knows,changing one’s old habits is extremely difficult and,since this is a matter of altering human behaviour,the process is long. However, a start has alreadybeen made.

At its 20th session in November 1997, IMO’sAssembly adopted resolution A.850(20) on “TheHuman Element: Vision, Principles and Goals” and,at the 21st Assembly in November 1999, IMOpassed a resolution whereby the prime emphasis inthe Organization’s work was shifted away fromdeveloping technical standards and towards the

human factor. Resolution A.900(21) “Objectives ofthe Organization in the 2000s” pays particularlyclose attention to the importance of fostering aculture of maritime safety. This was deemed to bethe Organization’s prime mission in the early yearsof the new millennium.

Maritime safety culture is a new term, and itsexact definition is still evolving. I turned to adictionary for a definition of the word “culture” and,to my delight, found a definition which was verymuch in line with my understanding of the word.The definition reads as follows: “The way of life ofthe people or a community in a specific regionduring a specific period of time.” It is thereforecharacteristic of a culture that it is created within acommunity, that it has a certain continuity and thatit is susceptible to change caused by the passing oftime and alterations in the environment, not tomention technical developments.

This being so, safety culture at sea may bedefined as follows. Maritime safety culture is theway in which the maritime community acts invarious seafaring situations, by common consentand with the strong approval of the community, forthe purpose of avoiding risks to human life, shipsand cargo and for the protection of the marineenvironment. These procedures are reflected incompliance with rules and regulations, in riskawareness and in the maintenance of a soundbalance between safety and commerce.

Differences in the commitment to culture andtherefore also to maritime safety culture make itdifficult – although not impossible – to create aunified, worldwide maritime safety culture. It issignificant that IMO was aware of the importance of“cultures” when the International SafetyManagement (ISM) code was being drafted. Thecornerstone of the code is the varying corporatecultures of different companies, and it requires thiscorporate culture to be accounted for when a safetymanagement system is written for the company.Certain facts have to be recognized and adopted asguidelines in the creation of an internationalmaritime safety culture.

About 80 per cent of accidents are caused byhuman error or neglect. It follows that mostaccidents can be prevented if safety is given prioritywhen working methods are developed and if thedevelopment of these working methods is anongoing process to which the entire community iscommitted. Safety thus becomes an integral andimportant part of corporate business, one whichdemands constant care by the corporate

The culture of safety at seaBy Heikki Valkonen Maritime Safety Director Finnish Maritime Administration

management. Only when the safety managementsystem is harmonious and based on the culturalheritage of its setting can it become a living,working system. The building blocks of the globalmaritime safety culture are, in addition to the ISMcode: a unified training system and its resultantcomparable levels of skill for all seafarers; auniform set of global safety standards; commitmenton the part of flag States to uphold the uniform setof standards, and port State control carried out bythe port States.

A uniform training system has now been createdand the near future will tell us if it meetsexpectations. I am convinced that the maritimetraining institutes involved in the new system willdo all they can to ensure that their students adoptthe idea of a safety culture. It is crucially importantfor senior crewmembers – and particularly officers– to continue to hammer home these attitudes inthe work environment. It would be all too easy towreck a budding safety culture by pointing tocommercial time pressure and established ‘styles’.Efficiency on the job must not, however, be soughtat the expense of safety.

Unified, internationalsafety standards aresomething for whichIMO can feelsatisfaction. IMO hasproduced acomprehensive set ofstandards, bothtechnical andoperational, which in allvital respects meets thedemands of the presentday. Wherever a needhas been found toamend standards,energetic action hasbeen taken to do so.Examples of this arethe new chapter V ofSOLAS, which dealswith safe navigation,and the revision of theHigh-Speed Craft Code.Obligatory standardson internationalshipping should, for themost part, be drawn upexclusively by IMO.Only in cases in whichmatters cannot be dealt

with through IMO, or if IMO treatment would takean unreasonably long time, is regional or nationalaction justified.

There is a large gap in the fundamentals of safetyculture in terms of how the flag States view theobligations that they have assumed by ratifyingmultilateral agreements. Some flag States do noteven have a maritime administration of their own;instead they have authorised classification societiesto act on their behalf. Such arrangements arefeasible, and are allowed for under internationaltreaties, but in my opinion recent developmentshave made it quite clear that, unless theclassification societies are subject to continuousmonitoring by the flag States, this arrangementdoes not work satisfactorily.

Considering how difficult it is to change theattitudes and behaviour of individuals, it is quiteclear that it is even more difficult to change thebehaviour of States, which jealously guard theirsovereignty. A good indication of the seriousness ofthe situation is that in 1991 the IMO set up a sub-committee to investigate what could be done to

To create a maritime safety culture it isnecessary to address the individual –which may be the most difficultcomponent to change (Pic; P&O Nedlloyd)

Safety must become andintegral part of corporatebusiness (Pic; Concordia)

Port state control has proven veryeffective in helping quality operations toprevail (Pic; Bergesen)


Features • International Maritime Prize essay International Maritime Prize essay • Features

remedy the situation. The sub-committee was giventhe name Flag State Implementation or FSI. Iserved as chairman of the sub-committee for itsfirst five years and, from this ringside seat, I wasable to witness how difficult it is for States torecognize the defects in their own maritime safetymonitoring systems.

In addition to this, correcting these defects wouldrequire substantial financial input, and for thiseither the financial resources or the political will islacking. This sub-committee should be raised instatus to that of a full committee as soon as possibleand IMO should indubitably act in concert with theMember States to apply adequate resources to itswork if results are desired within a reasonabletimeframe. A good example of what can be achievedwithin a short period, if enough resources aredevoted to a job, was the revision and updating ofthe STCW Convention.

The threat constituted by substandard ships tothe vital interests of coastal states became so greatin the 1970s that States of Western Europe in 1982created the first regional port State controlagreement – the Paris Memorandum ofUnderstanding – to fill the gap created by theinaction of flag States. In my opinion, the currentcontrol carried out by the port States, which isbased on the Paris Memorandum of Understanding,has proved very effective in Europe and hascontributed significantly to the enhancement ofmaritime safety at least in European waters. Similarregional systems have been set up with IMOsupport in South America, the Caribbean region,Asia and Africa, but they are still in the early stagesof their development and it will be several yearsbefore their activities can be expected to yield thesame kind of results as the European system.

Recent amendments to the European Union’sinternal Port State Control, largely instituted by theEU Commission, will markedly increase thenumber of inspections carried out. There is somerisk that flag State obligations will in actual fact betransferred to port States. I would find such adevelopment regrettable. Flag States have sufficientinformation and a moral obligation to ensure thatvessels meet both the technical and operationalrequirements of the international treaties ratified bythem. This flag State responsibility can certainly bereinforced by efficient port State control withoutany transfer of duties to port States throughregional control arrangements.

What part should the maritime administrationsplay in creating a maritime safety culture? Thesupervisory authorities must have a broadunderstanding of all functions involved in themaritime sector and the capability to influence thefunctions that have an essential bearing onmaritime safety. It is the responsibility of maritimeadministrations to ensure that vessels and shippingcompanies’ shore-based organisations comply withthe provisions of international conventions andnational rules and regulations and that surveys andinspections are conducted in good time andthoroughly.

This obligation and responsibility is notdependent on whether the administration carriesout these duties itself or whether it delegates thempartly or wholly to a classification society. To aidGovernments to meet their responsibilities, IMO’sAssembly in 1993 adopted resolution A.739(18) onGuidelines for the authorization of organizationsacting on behalf of Administrations, which includesminimum standards for recognized organizations.

In order to fulfil its obligations, theadministration must have a quality-assurancesystem governing its own activities. Moreover, ithas to supervise the activities of the classificationsocieties that have been authorised to act on itsbehalf. The best way of doing this is to audit thesesocieties. Members of the International Associationof Classification Societies are audited by an auditgroup established by the Association. IMO has arepresentative in the group.

In the future, classification societies operatingwithin the EU will probably be audited by theCommission. But in my opinion this is not enough.Each administration should audit all classificationsociety offices that are located within itsjurisdiction. Moreover, the administrations shouldcheck the standard of the inspections conducted by

the classification societies by carrying out randominspections of ships which have only just beeninspected by the classification society. Ifdeficiencies are detected, the classification societyshould be required to report on the steps it intendsto take to prevent such errors from occurring.

Thanks to the actions of IMO, maritime safetyhas constantly improved and protection of themarine environment has been enhanced. This beingthe case, why is the development of a maritimesafety culture considered the prime mission of thenew millennium? Firstly because even a singlemarine accident is one too many. Secondly, becauseit can be used to help prevent – or at least toprepare to prevent – risks arising from changes inthe industry’s business climate. These includeaccidents caused by fatigue and increased levels ofautomation, as well as the risks stemming fromincreases in the size of vessels (particularlypassenger ships) and new, high-speed vessels.

In recent years, the fatigue phenomenon hasbeen a permanent item on the agenda of theMaritime Safety Committee (MSC). Thephenomenon is complex and intractable. One wayto avoid accidents due to fatigue is to adhere to theminimum rest periods set out in the STCWConvention when watch systems are produced(STCW Code A VIII(1)). If these cannot be put intopractice, either due to insufficient crewing or to jobarrangements, the issue should be dealt with in thefirst instance by the shipmaster and, unless matterscan be brought to a satisfactory conclusion in thisway, it must be dealt with by the authorities.However, it is a prerequisite for properarrangements that the situation is perceived as aproblem, not accepted as inevitable, as I havesometimes regrettably been obliged to note.

One positive measure to assist in thedevelopment of a marine safety culture byaddressing the issue of fatigue has been thedevelopment by IMO of practical guidance to assistinterested parties to better understand and managethe issue of “fatigue”. (MSC/Circ.1014 Guidance onfatigue mitigation and management).

Operational safety is and will always be the mainfactor in ship safety. This factor requires automationon the bridge and in the engine-room to be reliableand it demands that the user is familiar with itsbehaviour. If users have doubts about the operationof automatic equipment or about its reliability, theywill not be willing to use it, particularly in severeconditions; in this way, equipment intended as anaid constitutes a new risk factor. That is why

training in newtechnology is soimportant.

The largestpassenger vesselscurrently carryabout 5,000 people.However, there istalk of buildingships carrying10,000 people. It isuncertain to whatextent safety andevacuation systemsoriginally plannedfor much smallervessels would workon these giantvessels, and it is tobe hoped that thesystems never needto be assessed inpractice. Despitethis, the bestpossible advancepreparations mustbe made for them.

For this reason, the task of the MSC workinggroup considering issues relating to the safety oflarge passenger ships is of key importance in theirwork to identify the extent to which currentregulations should be reviewed.

Similarly, we have very little experience of high-speed craft, and by no means all the feedback onthem is positive. The revision of the High-SpeedCraft Code aims to cover this ground, but, as I havestated, there is very little experience to go on. Jointinspections by flag States and port States, begun atthe instigation of the European Union, representone new way for the authorities to respond to someof the questions relating to high-speed craftoperation which are currently unresolved. Thesejoint inspections are also reviewing generalshipping issues as they relate to high-speed craft,including wave effects.

All these future risk factors – and many othersnot referred to here – can best be prepared for bycollaboratively developing a maritime safety culture.Within IMO, Formal Safety Assessment as a riskassessment and analysis tool to aid the developmentof sound international regulations will surely beginto make its contribution to this culture in the nearfuture.

Operational safety requires automation onthe bridge (above) and in the engineroom (right) to be reliable and that theuser is familiar with its behaviour (Pics;Nedlloyd, Concordia)


A revised fishing vessel safety code andVoluntary Guidelines have been agreed in

principle by the Sub-Committee on Stability andLoad Lines and on Fishing Vessels Safety (SLF).

The draft text will now be referred to othertechnical Sub-Committees in 2002/2003 for reviewand finalization and the final draft text should beready for submission to the Maritime SafetyCommittee (MSC), for approval in 2004.

The revised Code and Guidelines will contain 11comprehensive chapters, covering: generalprovisions; construction, watertight integrity andequipment; stability and associated seaworthiness;machinery and electrical installations andperiodically unattended machinery spaces; fireprotection, fire detection, fire extinction and firefighting; protection of the crew; life-savingappliances and arrangements; emergencyprocedures, musters and drills;radiocommunications; shipborne navigationalequipment; and crew accommodation.

Annexes will cover: illustration of terms used in thedefinitions; recommended practice for anchor andmooring equipment; memorandum to administrationson an approximate determination of ship’s stability bymeans of the rolling period tests (for ships up to 70 min length); recommended practice on portable fish-hold divisions; recommended practice for ammoniarefrigeration systems in manned spaces;recommended contents of fishing vessels’ medicinechest; recommendation for testing life-jackets;recommendations on performance standards forcertain shipborne electronic aids to navigationincluding radar, radio direction finders (RDF), echo-sounders, gyro-compasses; and recommendedstandards for pilot ladders.

The revised Code and, to the extent possible, theGuidelines will reflect the regulations contained inthe 1993 Protocol to the 1977 TorremolinosInternational Convention for the Safety of FishingVessels. The Protocol, which modified and replacedthe Torremolinos Convention, has yet to receivesufficient ratification to enter into force.

Although recommendatory in nature, the revisedCode and Voluntary Guidelines are designed toassist national administrations and others involvedin framing national and regional laws andregulations on fishing vessel safety and therebycontribute to improved safety on these vessels.

High-speed craft model tests –draft interim guidelines agreedThe Sub-Committee agreed a draft MSC circular onInterim Guidelines for the conduct of high-speedcraft model tests.

The new 2000 High-Speed Craft Code (HSCCode), which is expected to enter into force on 1July 2002 and will apply to craft built after that date,includes, amongst other amendments, arequirement for the positioning of an inner bowdoor on ro-ro HSC fitted with bow-loading openings.However, exemptions from this requirement areconsidered to be appropriate in a number ofcircumstances.

One of the exemptions incorporated in the text ofthe 2000 HSC Code may be invoked if a craft can beshown to comply with certain residual stabilitycriteria even if water accumulates on the vehicledeck(s) as a result of failure of the bow shell door.Model testing is one option for determining thequantity of water that accumulates.

The proposed interim guidelines for the conductof HSC model testing are intended to ensure thatsuch model tests would be sufficient and adequateso that the exemption would be applied safely andconsistently, and so that the safety of the craftwould not be endangered.

The draft interim guidelines and circular will beput forward to the MSC at its 75th session in May2002 for approval, with a view to reviewing them ina few years time in the light of experience gatheredfrom their application.

Draft amendments to HSC CodeagreedThe Sub-committee agreed draft amendments tothe 2000 HSC Code relating to paragraphs 2.2.1 and2.2.1.1 of chapter 2 on buoyancy, stability andsubdivision. The draft amendments relate to theintegrity of boundaries, openings and penetrations

Revised fishing vessel safety Code agreed in principle

From the meetings • Sub-Committee on Stability and Load Lines and on Fishing Vessels’ Safety (SLF)

• 44th session:

• 17 - 21 September 2001

of buoyant spaces which may be subjectedto increased fluid pressure after damage.

The amendments were developed basedon the lessons learned from the accidentwith the high speed craft Sleipner inNovember 1999, off the coast of Norway.

Revision of SOLAS chapter II-1 The Sub-Committee continued work onthe revision of parts A, B and B-1 ofSOLAS chapter II-1 (Construction – Structure,subdivision and stability, machinery and electricalinstallations). The aim is to finalize the work in 2003so that a new, revised, chapter can be adopted in2004 for entry into force in 2006.

The revision is intended to harmonize thesubdivision and damage stability provisionscontained in part A (General provisions), those forpassenger ships (part B) and cargo ships (part B-1), to be based on the “probabilistic” method.

The Sub-Committee agreed to continue the workintersessionally by re-establishing theCorrespondence Group on Subdivision and DamageStability. The work will include close liaison withthe co-ordinator of the HARDER research project,being undertaken by a consortium of Europeanindustrial, research and academic institutions tostudy the probabilistic approach for assessing aship’s damage stability. The HARDER project isdeveloping damage stability principles that can beused to assess rationally the safety of both existingand future ship designs.

Draft SOLAS regulation on testsof watertight doors agreedThe Sub-Committee agreed draft amendments toSOLAS regulation II-1/18.2 relating to initial tests ofwatertight doors in passenger and cargo ships, toallow for prototype testing as an acceptablealternative to actual watertight door testing. Theproposed draft text will be submitted to the MSCfor approval for future adoption.

Large passenger ship safetyThe Sub-Committee discussed issues relating tolarge passenger ship safety, referred to the Sub-Committee by the MSC as part of its work on largepassenger ship safety.

The Sub-Committee agreed to refer a number ofissues to the Correspondence Group on Subdivisionand Damage Stability, noting the guidingphilosophy that the regulatory framework shouldplace more emphasis on the prevention of a

casualty from occurring in the first place; and thatfuture large passenger ships should be designed forimproved survivability so that, in the event of acasualty, persons can stay safely on board as theship proceeds to port.

Load Lines revisionThe Sub-Committee continued its ongoing work indeveloping amendments to the 1988 Protocol to the1966 Load Lines Convention. The Protocol enteredinto force in February 2000.

The Sub-Committee re-established acorrespondence group to further work on the drafttext, in order to finalize the revision, including,among other issues: finalizing the collection of inputdata for hatch cover loading, strength and safetyfactors for all types of ships; finalizing work onminimum bow height formulae; continuingresearch and analysis of minimum freeboard; andconsidering matters related to watertightness ofchain lockers in order to prevent progressiveflooding; conducting investigation regarding thedistribution of reserve buoyancy.

High-speed craft and Load Lines -draft MSC circular agreedThe Sub-Committee agreed a draft MSC circular,for submission to the MSC for approval, on theApplication of the International Convention on LoadLines, 1966, and the 1988 Protocol relating thereto,to high-speed craft. The draft circular recommendsthat in the case of high-speed craft fully compliantwith the International Code of Safety for High-Speed Craft, 1994 (1994 HSC Code), Governmentscan accept the necessary relaxations from therequirements for conditions of assignment offreeboard or any other requirement of ICLL 1966,or of that Convention as modified by its Protocol of1988. In the case of high-speed craft fully compliantwith the 2000 HSC Code Governments can acceptthe provisions of that Code as incorporating anequivalent standard of protection to ICLL 1966, orthat Convention as modified by its Protocol of 1988.As the case may be, an appropriate InternationalLoad Lines Certificate should be issued to the craft.

Amendments to the HSC Code havebeen developed based on the lessonslearnt from the Sleipner accident in 1999(Pic; Olav Moen)

Fishing vessels are to be subject to arevised safety code and new voluntaryguidelines (Pic; Olav Moen)


IMO’s Legal Committee is to review theConvention for the Suppression of

Unlawful Acts against the Safety of MaritimeNavigation, 1988 and the Protocol for theSuppression of Unlawful Acts against the Safety ofFixed Platforms Located on the Continental Shelf,1988 (the SUA treaties) in the wake of the tragicevents of 11 September in the United States ofAmerica.

The Legal Committee, which met for its 83rdsession from 8 to 12 October 2001, agreed to includethe review of the SUA treaties as a priority item in itswork programme for the next biennium (2002-2003).

The main purpose of the SUA convention is toensure that appropriate judicial action is takenagainst persons committing unlawful acts againstships, which include the seizure of ships by force,acts of violence against persons on board ships, andthe placing of devices on board a ship which arelikely to destroy or damage it. The conventionobliges Contracting Governments either to extraditeor prosecute alleged offenders. The Protocolprovides similar regulations relating to fixedplatforms located on the Continental Shelf.

The SUA convention has been ratified by 56States, as at 1 October 2001, and the 1988 SUAProtocol by 51.

New guidelines on abandonment,personal injury and death ofseafarers approvedThe Committee approved draft resolutions andguidelines on abandonment, personal injury anddeath of seafarers. The guidelines urge States torequire shipowners to provide adequate financial

security to cover claims from seafarers in cases ofabandonment, personal injury and death.

The guidelines and resolutions were developed bya Joint IMO/International Labour Organization (ILO)Ad Hoc Expert Working Group on Liability andCompensation regarding Claims for Death, PersonalInjury and Abandonment of Seafarers which held its3rd meeting from 30 April – 4 May 2001.

Following approval by the Legal Committee, thedraft resolutions and guidelines will be submitted tothe 22nd IMO Assembly in November for adoption.They will also be presented to the ILO GoverningBody in November 2001 for adoption by that body.Once adopted, they will come into force on 1January 2002.

Financial security in cases ofabandonment of seafarersThe resolution on provision of financial security incase of abandonment of seafarers states thatabandonment of seafarers is a serious probleminvolving a human and social dimension andrecognises that, given the global nature of theshipping industry, seafarers need special protection.The resolution includes associated Guidelines whichset out the main features and scope of coverage ofthe financial security system and also containrecommendations for certification of such systems.

Personal injury to or death ofseafarersThe resolution on claims for personal injury to ordeath of seafarers notes a need to recommendminimum international standards for theresponsibilities of shipowners in respect ofcontractual claims in such cases. It expresses theconcern that, if shipowners do not have effectiveinsurance cover, or other form of financial security,seafarers are unlikely to obtain full and promptcompensation. It states that putting in place effectivearrangements for the payment of compensation ispart of the shipowners’ responsibilities to providesafe and decent working conditions.

The Committee agreed that the Joint IMO/ILOWorking group should continue to meet to discusspossible longer term solutions to the problems ofabandonment, personal injury and death ofseafarers, including assessing the need for amandatory instrument. If the resolutions areadopted, the Working Group will also have as one ofits terms of reference the need to keep theGuidelines under review.

Athens Convention revisionThe Legal Committee completed its consideration of

From the meetings • Legal Committee

• 83rd session:

• 8 - 12 October 2001

Legal Committee makes SUA review priority work item

a draft protocol to revise the Athens Conventionrelating to the Carriage of Passengers and theirLuggage by Sea, 1974, and repeated its request tothe IMO Council and Assembly for the convening ofa diplomatic conference during the biennium 2002-2003 to consider and adopt the revised regulations.

The Athens Convention of 1974 makes a carrierliable for injury to or loss suffered by a passenger ifan incident causing damage occurs during thecourse of the carriage and is due to fault or neglectof the carrier. Liability can be limited so long as thecarrier did not act recklessly or with intent to causedamage.

The draft Protocol introduces, among otherthings, the requirement of compulsory insurance forpassenger claims, and proposes changes to the fault-based liability system, introducing the concepts ofstrict liability and reverse burden of proof in certaincircumstances, and making the distinction betweenshipping-related and non-shipping incidents.

Legal issues relating to theproblem of providing disabledships and ships in distress withplaces of refugeThe Committee considered the legal issuessurrounding ships in distress and places of refugeand agreed to include the question of places ofrefuge in its work programme for the next biennium.

In preparation for this work, the Committee gavethe IMO Secretariat a mandate to make a study ofthe relevant legal issues. The Committee noted thatthe study should not only address public lawquestions but also issues within the domain ofprivate law, such as salvage, liability and insurance.The offer of the Comité Maritime Internationale(CMI) to collaborate with the secretariat on theproject was gratefully accepted.

The issue had been raised following the Erikaincident of December 1999 but the urgency to dealwith the matter was heightened following theincident involving the fully-laden tanker Castor earlyin 2001. Carriage of the matter within IMO is theresponsibility of the Sub-Committee on Safety ofNavigation which is working on developingappropriate IMO guidelines on the matter.

HNS Convention –draft Assembly resolution onimplementation approvedThe Committee approved a draft Assemblyresolution on implementation of the InternationalConvention on Liability and Compensation forDamage in Connection with the Carriage of

Hazardous and Noxious Substances (HNS) by Sea,1996.

The Convention, when it enters into force, willmake it possible for compensation to be paid tovictims of accidents involving hazardous and noxioussubstances, such as chemicals.

The draft resolution, to be submitted to theAssembly in November, notes that eight States aresignatories to the HNS Convention and that only twoStates have become party to the Convention. Ittherefore urges all States to place a high priority onworking towards the implementation of the HNSConvention, and in resolving any practical difficultiesin setting up the new regime, with the aim ofratification of, or accession to, the Convention.

Draft convention on wreck removal– work continuesThe Committee continued its work on theconsideration of a new draft Convention on wreckremoval. The wreck removal convention is intendedto provide international rules on the rights andobligations of States and shipowners in dealing withwrecks and drifting or sunken cargo which may posea hazard to navigation and/or pose a threat to themarine environment. The draft Convention isintended to clarify rights and obligations regardingthe identification, reporting, locating and removal ofhazardous wrecks, in particular those found beyondterritorial waters.

The Committee agreed that the goal was to havethe draft convention ready for adoption by aconference during the 2004-2005 biennium.

Areas of concern which still need to be addressedby the Committee include: consistency withUNCLOS; definition of “wreck”; the nature of thedanger posed by a wreck; financial security; andfinancial responsibility.

The Committee drafted a resolutionurging states to ratify the HNSConvention which seeks to establish acompensation regime for hazardous andnoxious substances

The IMO Legal Committee is to reviewthe SUA treaties following the September11 attacks. Already security throughoutshipping is being stepped up: here a PortSecurity Petty Officer of the US CoastGuard inspects his M60 machine gunbefore returning to patrol on the HudsonRiver just days after the atrocities tookplace


Election of new council

The Members of the Councilelected by the 22nd IMO Assemblyare as follows:

Category (a) States with thelargest interest in providinginternational shipping services;

China, Greece, Italy, Japan,Norway, Russian Federation,United Kingdom, United States,Panama*, Republic of Korea.*

Category (b) Other States with thelargest interest in internationalseaborne trade;

Argentina, Brazil, Canada, France,Germany, India, Netherlands,Sweden, Bangladesh*, Spain.*

Category (c) Sixteen States notelected under (a) or (b) abovewhich have special interests inmaritime transport or navigation,and whose election to the Councilwill ensure the representation of allmajor geographic areas of theworld;

Australia, Bahamas, Cyprus, Egypt,Indonesia, Malta, Mexico, Nigeria,Panama+, the Philippines, Poland,Republic of Korea+, Singapore,South Africa, Spain+, Turkey,Chile*, Denmark*, Ghana*,Honduras*, Kenya*, Lebanon*,Venezuela.*

Immediately following theAssembly the Council met for its87th session and elected thefollowing: Chairman, Mr Chen TzePenn, Singapore; Vice Chairman,Mr Jorgen Franson, Sweden.

* Will take their place in thesecategories after the Council isenlarged in November 2002.

+ Will move to a different categoryafter the Council is enlarged inNovember 2002.

From the meetings • IMO Assembly

• 22nd session:

• 19 - 30 October 2001

In the wake of the September 11th terrorist attackson the USA and the subsequent global reaction,

the issue of maritime security was to the fore at the22nd Assembly of the International MaritimeOrganization (IMO), which met at theOrganization’s London headquarters from 19-30November 2001.

The Assembly agreed to hold a Conference onMaritime Security in December 2002, to adopt newregulations to enhance ship and port security andavert shipping from becoming a target ofinternational terrorism. This decision followed theadoption of a resolution put forward by Secretary-General William O’Neil on Review of measures andprocedures to prevent acts of terrorism whichthreaten the security of passengers and crews andthe safety of ships. The Assembly also agreed to asignificant boost to the Organization’s technical co-operation programme of UK£1.5 million, to helpdeveloping countries address maritime securityissues.

The resolution calls for a review of the existinginternational legal and technical measures toprevent and suppress terrorist acts against ships atsea and in port and improve security aboard andashore. The aim is to reduce risks to passengers,crews and port personnel on board ships and inport areas and to the vessels and their cargoes.

Addressing the Assembly, IMO Secretary-General O’Neil said that he was “anxious to ensurethat, through prompt action by IMO under thedirection of the Council and taking into account thework of other international organizations, includingindustry organizations, necessary technical andlegal measures to prevent and suppress acts ofterrorism directed against shipping are put in placewithout delay.”

Mr. O’Neil said he shared the view of the UnitedNations Secretary-General Mr. Kofi Annan, who,speaking in the aftermath of the attacks in theUnited States, had said that “there can be noacceptance of those who would seek to justify thedeliberate taking of innocent civilian life, regardlessof cause or grievance. If there is one universalprinciple that all peoples can agree on, surely it isthis.”

The Conference on Maritime Security isscheduled to meet alongside the scheduled sessionof the Maritime Safety Committee (MSC) in theAutumn of 2002, and is to consider any new oramended regulations proposed by the MSC. Thesewould involve the International Convention for the

Safety of Life at Sea (SOLAS) chapter XI on SpecialMeasures to Enhance Maritime Safety – the title ofwhich might need to be amended to includemaritime security. Other amendments might beproposed in relation to the International Conventionon Standards of Training, Certification andWatchkeeping for Seafarers (STCW).

An intersessional Working Group will meet priorto the conference from 11 to 15 February, well inadvance of the next session of the MSC in May2002, and will start work on the review called for inthe Assembly resolution. It will prepare a list ofsubjects to be further discussed. These will beforwarded to the MSC and, it is expected, to theLegal and Facilitation Committees; considerproposals and information on maritime securityissues submitted by Member Governments andinternational organizations; and prepare a work planand timeframe. The intersessional Working Groupmeeting, which will be funded by the United States,will submit a report to the MSC – which itself willconvene a special Working Group at its Maymeeting to progress the work further.

During the Assembly, the delegation of theUnited States identified a number of specific areasthat it felt should be considered, including a reviewof the issues related to the installation of automaticidentification systems on ships; consideration of theneed for security plans on ships, port facilities andoff-shore terminals; reviewing the need foridentification, verification and background securitychecks for seafarers; and ensuring a secure “chainof custody” for containers from their port of originto their destination.

Refugees and asylum seekersDuring its 22nd session, the Assembly also adoptedanother resolution submitted by the Secretary-General addressing the plight of refugees andasylum seekers who become rescued from bymerchant vessels. The resolution recommends acomprehensive review of safety measures andprocedures for the treatment of rescued persons. Itfollows a number of recent incidents involvingasylum seekers, refugees and stowaways, which theAssembly noted had brought to the fore issuesrelating to the thoroughness of IMO legislation andthe degree of preparedness of the maritime andcoastal community to deal with such peoplesatisfactorily.

Addressing the Assembly, Mr. O’Neil said:“Unless the matter is considered in all its respectsand action is taken at the appropriate level, suchincidents may have a negative impact on the

Assembly confirms securityconference in December 2002

integrity of the search and rescuesystem which the Organization has putin place globally to assist those found indistress at sea.”

Mr. O’Neil recommended that earlyand prompt action should be taken toenhance the preparedness of themaritime and shore-based communitiesto respond to emergencies caused bysuch incidents in a co-ordinated manner.

Mr. O’Neil noted that a review of the currentprocedures should ensure that co-ordination and co-operation among all parties concerned arestrengthened so that rescued persons are promptlyand effectively delivered to a place of safety,regardless of their nationality and status or thecircumstances in which they are found. Survivors,including undocumented migrants, asylum seekersand refugees, as well as stowaways, should betreated, while on board, in accordance with relevantinternational agreements and long-standinghumanitarian maritime traditions.

The resolution on Review of safety measures andprocedures for the treatment of persons rescued atsea recalls IMO measures and recommendationswhich are aimed at ensuring that the life of personson board ships, including small craft, whetherunderway or at anchor, is safeguarded at any timepending their delivery to a place of safety.

The resolution requests IMO to review all IMOinstruments so that any existing gaps,inconsistencies, ambiguities, vagueness or otherinadequacies can be identified and any actionneeded can be taken.

The Assembly welcomed the news that Mr.O’Neil had proposed that a review of the existinglegislation concerning the delivery of personsrescued at sea to a place of safety, regardless oftheir nationality and status or the circumstances inwhich they are found, should be undertaken by aninter-agency group within the UN system, with aview to strengthening and harmonizing thecompetence of the agencies involved. Theproposed review would identify any existing gaps,inconsistencies, duplications or overlaps in thatlegislation. Mr. O’Neil has received positiveresponses to this proposal from the HighCommissioner of UNHCR, the Executive Directorof UN Drug Control and Crime prevention and theHigh Commissioner for Human Rights.

The Assembly noted that Mr. O’Neil had alsoproposed the establishment of a co-ordinating

mechanism (possibly in the form of an inter-agencyco-ordinating panel to be activated when thecircumstances require it) to ensure that theresponse of the United Nations in any futureemergency can be co-ordinated in a consistentmanner.

Environmental issuesWhile matters of security and the related issues ofhow to deal with migrants and asylum seekersreceived a great deal of attention at the Assembly,the meeting also focussed on other important workin the many disciplines in which IMO operates.IMO’s tireless struggle to implement measures thatwill improve the environment was reflected inseveral Assembly resolutions.

Recognizing the importance of reducing theemission of greenhouse gasses into theatmosphere, resolution A.929(22) urgedGovernments to accept the 1997 Protocol toMARPOL 73/78, which introduced a new MARPOLAnnex VI containing regulations for the preventionof air pollution from ships. Ratification of theprotocol to date has been slow and the entry-into-force criteria have not yet been met. The resolutionalso invites Governments to provide support toStates which request technical assistance for thedevelopment of national legislation to give effect tothe Protocol and for the introduction of othermeasures for its effective implementation. If theconditions for entry into force have not been met by31 December 2002, the Marine EnvironmentProtection Committee will review the situation toidentify any impediments that may be preventingStates from ratifying it.

New guidelines designed to help ContractingParties to MARPOL 73/78 to formulate and submitapplications for the designation of Special Areasunder Annexes I, II, and V to the Convention wereadopted, together with new guidelines for theidentification and designation of ParticularlySensitive Sea Areas (PSSAs). A PSSA is an areathat needs special protection through action byIMO because of its significance for ecological,socio-economic, or scientific reasons and which

IMO Secretary-General William O’Neiladdresses a packed chamber at theopening of the 22nd IMO Assembly. Morethan 800 delegates representing 139Member States and two AssociateMembers, 9 intergovernmentalorganizations and 30 non-governmentalorganizations attended the bi-ennialmeeting


From the meetings

may be vulnerable to damage by internationalshipping activities.

The new guidelines are designed to ensure thatall interests - those of the coastal State, flag State,and the environmental and shipping communities -are thoroughly considered on the basis of relevantscientific, technical, economic, and environmentalinformation and provide for the assessment of suchapplications by IMO. There are currently twodesignated PSSAs: the Great Barrier Reef,Australia, and the Sabana-Camagüey Archipelago inCuba).

Underlining the invaluable work done by theMEPC leading to the adoption of an internationalconvention to phase-out the use of harmful anti-fouling coatings on ships is an Assembly resolutioncalling for the early and effective implementation ofthe International Convention on the Control ofHarmful Anti-fouling Systems on Ships, 2001, whichwas adopted by a diplomatic conference earlier thisyear. A resolution adopted at the conferencerequests Member States to do their utmost toensure the Convention enters force without delay.Under the terms of the Convention, the effectivedate for phasing-out the application of anti-foulingsystems containing organotins is 1 January 2003.

The Assembly resolution urgesGovernments to provide anyinformation available regarding anyanti-fouling systems they haveapproved, restricted or prohibitedunder domestic law as soon aspossible and requests the IMOSecretary-General to make thisinformation available.

The importance of IMO’s work inestablishing a compensation regimefor victims of pollution damage wasendorsed with the adoption by theAssembly of a resolution aimed atencouraging ratification ofInternational Convention on Liabilityand Compensation for Damage inConnection with the Carriage ofHazardous and Noxious Substances(HNS) by Sea, 1996. The resolutionnotes that only eight States aresignatories to the HNS Conventionand that only two States have becomeparty to it. It therefore urges allStates to place a high priority onworking towards the implementationof the Convention and to resolve anypractical difficulties in setting up the

new regime that may be hindering their ratificationor accession to the Convention. A CorrespondenceGroup has been established by the LegalCommittee for this purpose.

The Assembly also adopted resolutions draftedby a joint IMO / ILO working group onshipowners’ responsibilities in respect ofcontractual claims for personal injury to or death ofseafarers and the provision of financial security incases of abandonment of seafarers. Abandonmentof seafarers is a serious problem involving a humanand social dimension and by adopting theresolution on abandonment the Assembly hasrecognised that, given the global nature of theshipping industry, seafarers need specialprotection. The resolution includes associatedguidelines which set out the main features andscope of coverage of the financial security systemand also contain recommendations for certificationof such systems.

The resolution on claims for personal injury to ordeath of seafarers notes a need to recommendminimum international standards for theresponsibilities of shipowners in respect ofcontractual claims in such cases. It expresses theconcern that, if shipowners do not have effective

insurance cover, or other form of financial security,seafarers are unlikely to obtain full and promptcompensation. It states that putting effectivearrangements in place for the payment ofcompensation is part of the shipowners’responsibilities to provide safe and decent workingconditions, and includes associated guidelinesrecommending measures to be implementedincluding certification and a model receipt andrelease form for claims.

With the second and final tranche of ships due tocome under the aegis of the International SafetyManagement (ISM) Code in July 2002, theAssembly adopted a set of revised guidelines on theimplementation of the ISM Code by nationalshipping administrations. The ISM Code providesan international standard for the safe managementand operation of ships. The guidelines establishbasic principles for verifying that a shippingcompany’s Safety Management System complieswith the ISM Code, for the issue and annualverification of the Document of Compliance forindividual ships and for the issue and intermediateverification of the Safety Management Certificate.

Technical co-operationMany delegations to the Assembly cited technicalco-operation as the key element in securing ageneral increase in the rate of implementation bydeveloping countries of IMO conventions andstandards. In recognition of the increasingimportance that the transfer of technology plays insecuring IMO’s objectives, it was proposed that thescope of the Technical Co-operation Committeecould be extended to encompass the widersignificance of technical assistance in terms of anexchange of information and technical expertise.

Several delegations therefore proposed that thenumber of meeting days allocated to the TechnicalCo-operation Committee be increased to a total offive days in a biennium, to provide more adequatetime for in-depth consideration of the widerperspectives of technical co-operation, and for thecompletion of that Committee’s increasinglysubstantive work programme.

Large passenger ship safetyThe Assembly noted that the MSC, havingendorsed a proposal by the Secretary-General, hadworked on the subject of large passenger shipsafety. It had approved a guiding philosophy,strategic goals, objectives and analytical approachsurrounding its work on the matter; agreed to areasfor consideration relating to existing and futurelarge passenger ships; and approved the updated

work plan for further work to be done by itself andsub-committees which were assigned specific tasksin this respect.

Bulk carrier safetyThe Assembly also noted that, during the biennium,the MSC had continued work on bulk carrier safety,through a working group meeting during sessionsof the MSC and also on the basis of contributionsby sub-committees assigned specific tasks. Itnoted, in particular, that MSC 74 had taken actionon the recommendations of the re-opened formalinvestigation into the loss of the bulk carrierDerbyshire and the FSA studies on bulk carriersafety reported by interested Member

The Hon. Mr Edward Singhatey,Secretary of State for Presidential Affairs,The Gambia, (above) was electedPresident of the Assembly. The Vice-Presidents were the Hon. Mr Jose LuisLopez-Sors Gonzalez, Director-General,Merchant Marine, Spain, and the Hon. MrGap-Sook Lee, Deputy Minister forMaritime Safety Management, Republicof Korea. H.E. Ambassador OrlandoAllard, Permanent Representative ofPanama to IMO, and Mr J.J. Angelo,Director of Standards, United StatesCoast Guard, Department ofTransportation, United States of America,were elected as Chairmen of the twoCommittees of the Assembly.

During the meeting, IMO Secretary-General William O’Neil received a medalfor distinguished services to theDirectorate General for Maritime Affairs,Colombia


From the meetings

Resolutions adopted

The Assembly adopted thefollowing resolutions:

A.902 (22) Appointment of theSecretary-General

A.903 (22) Relations with Non-Governmental Organizations

A.904 (22) Arrears ofcontributions – working capitalfund

A.905 (22) Presentation ofaccounts and audit reports

A.906 (22) Work programme and budget forthe twenty-second financial period 2002-2003

A.907 (22) Long term work plan of theOrganization (up to 2008)

A.908 (22) Agreement with the host stateregarding the extension of privileges andimmunities to permanent representatives anddivisional directors

A.909 (22) Policy making in IMO - setting theOrganization’s policies and objectives

A.910 (22) Amendments to COLREGs

A.911 (22) Uniform wording for referencingIMO instruments

A.912 (22) Self-assessment of flag Stateperformance to revoke resolution A.881(21)

A.913 (22) Revised Guidelines on theimplementation of the ISM Code byAdministrations

A.914 (22) Measures to further strengthen flagState implementation

A.915 (22) Revised maritime policy andrequirements for a future global navigationsatellite system (GNSS)

A.916 (22) Guidelines for the recording ofevents related to navigation

A.917 (22) Guidelines for the onboardoperational use of shipborne AutomaticIdentification Systems (AIS)

A.918 (22) Standard Marine CommunicationPhrases

A.919 (22) Acceptance and implementation ofthe International Convention on MaritimeSearch and Rescue, 1979, as amended

A.920 (22) Review of safety measures andprocedures for the treatment of persons rescuedat sea

A.921 (22) Assembly resolutions supersededby the 1995 amendments to the STCWconvention

A.922 (22) Code of Practice for theInvestigation of the Crimes of Piracy and ArmedRobbery Against Ships

A.923 (22) Measures to prevent theregistration of phantom ships

A.924 (22) Review of measures and proceduresto prevent acts of terrorism which threaten thesecurity of passengers and crews and the safetyof ships

A.925 (22) Entry into force and implementationof the 1993 Torremolinos Protocol and the 1995STCW-F Convention

A.926 (22) Availability and use of low sulphurbunker fuel oils in SOx emission control areasdesignated in accordance with regulation 14(3)of Annex VI of MARPOL 73/78

A.927 (22) Guidelines for the Designation ofSpecial Areas under MARPOL73/78 andGuidelines for the Identification and Designationof Particularly Sensitive Sea Areas

A.928 (22) Early and effective application of theConvention on the Control of Harmful Anti-fouling Systems on Ships

A.929 (22) Entry into force of Annex VI ofMARPOL 73/78

A.930 (22) Guidelines on Provision of FinancialSecurity in Cases of Abandonment of Seafarers.

A.931 (22) Guidelines on Shipowners’Responsibilities in respect of Contractual Claimsfor Personal Injury to or Death of Seafarers.

A.932 (22) Implementation of the InternationalConvention on Liability and Compensation forDamage in Connection with the Carriage ofHazardous and Noxious Substances (HNS) bySea, 1996.

A.933 (22) Sustainable financial support for theWorld Maritime University

A.934 (22) Sustained Support for the IMOInternational Maritime Academy, Trieste

A.935 (22) Sustainable Financial Support forthe IMO International Maritime Law Institute

Governments, and had agreed on further work tobe carried out on bulk carrier safety.

IMO BudgetThe Assembly agreed the work programme for theforthcoming biennium and budgetaryappropriations of £39,531,100 for 2002-2003.

This compares with an appropriation of£36,612,200 for 2000-2001.

Conferences approvedThe Assembly approved the holding of thefollowing Conferences to adopt new regulations (oramend existing regulations):

October 2002 – Diplomatic Conference to adopt aProtocol to the Athens Convention relating to theCarriage of Passengers and their Luggage by Sea(PAL), 1974.

December 2002 – Conference on MaritimeSecurity (see above)

2003 - Diplomatic conference to adopt a protocolto the 1992 Fund Convention at no cost to IMO.The intention is to adopt a Protocol to the 1992 fundconvention to provide a third tier of compensation

for victims of oil pollution, to add to the existing twotiers provided for under the 1992 Protocol of theInternational Convention on Civil Liability for OilPollution Damage (CLC Convention) and to the1992 Protocol of the International Convention onthe Establishment of an International Fund forCompensation for Oil Pollution Damage (IOPCFund).

Late 2003 - Ballast water management – to adoptnew mandatory regulations governing ballast watermanagement to prevent the transfer of harmfulaquatic organisms in ballast water.

There was an increased level ofparticipation of WMU graduates in thework of the 22nd IMO Assembly

The Assembly gave many delgates their first opportunity tosee the IMO headquarters building with its most significantadornment, the International memorial to Seafarers, in place


Ad film to come

The International Maritime Organization(IMO) has developed new safety

regulations for vessels on inland waterways ina number of African countries, in one ofseveral of projects aimed at so-called “non-convention” vessels – ships to which IMOrules do not usually apply. A set of modelregulations was finalized at a workshop heldfrom 15 to 19 October 2001 in Mwanza,Tanzania.

The Africa project involves the developmentof a set of standardized model safetyregulations which individual countries canthen implement into national law. Thecountries to benefit from the project includeBurundi, Democratic Republic of Congo,Ghana, Kenya, Malawi, Rwanda, Uganda,United Republic of Tanzania, Zambia andZimbabwe. These countries have importantlakes and/or inland waterways that are widelyused for transportation of goods andpassengers as well as for fishing activities. Themodel safety regulations will also be madeavailable to any other African countries foradoption, if they so wish.

Most vessels on inland waterways are notcovered by important safety regulations,including SOLAS and the InternationalConvention on Load Lines, 1966, becausethese conventions only apply to ships engagedin international voyages and do not covervessels of less than 24 metres in length and/or

less than 500 gross tonnage, and fishingvessels. Consequently, no relevant regulationsare in force in many countries, and seriousaccidents, often involving loss of lives, arefrequently reported on lakes and inlandwaterways.

The trigger for consideration of newregulations for inland waterways vessels wasthe capsize of the ferry Bukoba on LakeVictoria in 1996 with the loss of over 600 lives.Following the incident, IMO organised anumber of seminars and workshops on safetyissues and in 1998 Kenya, Uganda andTanzania agreed the Tripartite Agreement onInland Waterway Transport in 1998, which laysdown principles relating to safety regulation ofinland waterways vessels.

In addition, requests for technical assistancefrom the countries themselves havehighlighted the importance of providingassistance for the development and upgrading

of safety regulations for non-convention vessels.

The inland waterways project used as abasis the regulations developed through theEuropean Commission for inland waterways inEuropean countries, as these regulations wereseen as the most appropriate for other inlandwaterways and they could be adapted for theparticular conditions in the African countriesconcerned.

Participants in the Mwanza Workshopconsidered draft model safety regulations insome detail and agreed on amendments andadditions to the text. The final text of themodel regulations will be finalized by an IMOconsultant and forwarded to the participatingcountries for adoption and implementation. Itis estimated that, in most of the countries,adoption may take between 18 months and twoyears, however some countries were hopefulthat they would be in a position to adopt themodel regulations within six months.

Africa’s small ships to get new safety standards

Lake traffic provides a vital transport artery for Tanzania, but most vessels such as this rail ferry (left) and ro-ro (right) arenot currently covered by important IMO safety regulations

IMO at work

The 14th International Symposium on theTransport of Dangerous Goods (ISTDG)

by Sea and Inland Waters, sponsored by IMO,has been held in Johannesburg, South Africa.

The event was the first of its kind in Africaand reflected the increase in the volume ofdangerous goods transported along theAfrican coast. In his opening remarks to themeeting, the deputy chairman of the SouthAfrican Maritime Safety Authority (SAMSA),Thalami Dlamini, expressed the hope that themeeting would open people’s eyes to theimportance of the safe transportation ofdangerous goods.

South African transport minister DullahOmar later told delegates that no effortshould be spared to make transport arteriessafe, reliable and secure, and he called for astrengthening of rules and procedures to givepractical force to international agreementsand conventions on the carriage of dangerousgoods. He said that the unchecked and

unmanaged movement of dangerous cargoesby air, sea, road or rail could not be tolerated.

IMO Assistant Secretary-General EfthimiosMitropoulos told delegates that 50% ofcargoes transported by sea can be regardedas dangerous, hazardous or harmful to theenvironment according to IMO criteria,including between 10 and 15% of packagedcargo.

He added that, in virtually every casewhere hazardous cargoes had been lost at seathrough accidents, the disaster could havebeen avoided or its effects mitigated had theprocedures of the International MaritimeDangerous Goods Code (IMDG) and otherIMO codes been observed. But, he warned,as world transport becomes more complex,so the problem would grow. He confirmedthat, in principle, the IMDG Code wouldbecome mandatory from January 1, 2004.

Several resolutions were adopted by thesymposium, including a call for IMO Member

Governments to be encouraged to makenational maritime training facilities availableto personnel from other States and to assistwith sponsored training, particularly for thosein the Southern African region who areinvolved in the handling of dangerous goods.The resolution also calls for the IMOSecretary-General to seek ways and means ofsecuring the necessary funds to assistMember States that request technicalassistance in complying with the provisions ofthe IMDG Code.

Coastal States were called on to establishbilateral or multilateral agreements tofacilitate efficient and safe handling andcarriage of dangerous goods at sea and tocommunicate these agreements to the IMOfor global circulation. In addition, thesymposium called on the IMO to continueworking closely with the UN Sub-Committeeof Experts on the Transport of DangerousGoods as well as other modal transportregulatory bodies.

Dangerous goods symposium highlightsAfrican concerns


IMO at work

A Regional Action Plan (RAP) that will pave the way for measuresto control the influx of harmful organisms in the ballast water

ships of ships entering the Black Sea has been adopted at the 1stBlack Sea Conference on Ballast Water Management and Control.

Organized by the IMO GloBallast Programme and the Governmentof Ukraine, the conference, held in Odessa, Ukraine from 10 to 12October 2001, was attended by all the Black Sea Coastal States(Bulgaria, Georgia, Romania, Russian Federation, Turkey andUkraine) and observers from regional governmental and non-governmental organizations.

Its objectives were to enhance regional awareness and co-operationin the field of ballast water management and control and, in particular,to consider and endorse the draft RAP designed to minimize thetransfer of harmful aquatic organisms and pathogens in ships’ ballast water.

The opening of the Conference was followed by technicalpresentations by representatives of the GloBallast Programme and theregional scientific community, which provided comprehensiveinformation on the programme-related activities, and a review of theresearch and development aspects of the ballast water managementand control in the region.

The Black Sea countries then presented comprehensive data andstatistics on their maritime and environmental conditions as well as thepolicies and practical arrangements in place for the protection of themarine environment and national measures to control the introductionof unwanted species into new locations.

The RAP, jointly developed by the Focal Points of the Black Seacountries, GloBallast Programme and the Odessa Demonstration Site,is designed to provide a framework for specific regional activitiesunder the GloBallast Programme. It facilitates the preparatory processin the region for the introduction of new IMO regulations andpractices on ballast water management and control, and enhancesregional co-operation using the existing regional bodies, establishedunder the Istanbul Commission and the GEF Black Sea EnvironmentalProgramme.

It also lists the principal actions to be undertaken by the States andadministrations concerned, defines arrangements for futurecooperation and outlines possible funding sources for theimplementation of the RAP.

The Conference unanimously adopted a Resolution which approvedthe RAP; requested the Istanbul Commission to co-ordinate ofactivities under the RAP; called for countries to attach priorities to theimplementation of the appropriate IMO instruments; and requestedGEF, UNDP and IMO to extend the GloBallast activities in order tofacilitate the introduction of the forthcoming international BallastWater Management and Control regulations.

Black Sea countriesagree ballast water deal

An IMO team has visited Colombia to advise on the GMDSS systeminstallation, which is expected to be installed in 14 coastal stations

giving full coverage of both Colombian coasts – Pacific and Caribbean.The Colombian Navy Maritime Directorate is now beginning to invitebidders to offer the equipment, for purchase in 2002.

Colombia getsGMDSS advice

ITCP fund gets Korea boost

The Ambassador of the Republik of Korea, Dr. Ra Jng-Yiki, hands IMO SecretaryWilliam O’Neil a cheque for US$50,000 towards the Integrated Technical Co-operation Programme (ITCP) Fund, with Mr. Hyung-Taek Jung, maritime advisor,in attendance

As usual, World Maritime Day was celebrated throughout the world. This time theformal events took place on September 27th 2001. Here maritime dignitariesfrom Argentina take part in a special ceremony to mark the occasion

World Maritime Day– a global event

Delegates at the first Black Sea ballast water management conference adopted aregional action plan

For further details, please contact theIMO Publishing Service

Tel +44 (0)20 7735 7611Fax +44 (0)20 7587 3210Email [email protected] www.imo.org

The International Convention for the Safety of Life at SeaConsolidated Edition, 2001 in Book and CD-ROM

Safety of Life at Sea

IMO News Magazine, Issue 4.2001

Documents

Transcript of IMO News Magazine, Issue 4.2001