Update on

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Update on IMO Activities and Initiatives
Relevant to WHTI Themes Curtis A. Roach
Regional Maritime Adviser (Caribbean) Internation
al Maritime Organization
The views expressed are those of the Adviser and
should not be construed as reflecting the
policies or views of the IMO or the Secretariat
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Themes and Objectives

• WHTI Technical WG
• Maritime safety, environmental protection and
  sustainable development
• IMO
• Safe, secure and efficient shipping on clean
  oceans

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Considerations

• IMO Voluntary Audit Scheme and Mandatory IMO
  Instruments
• Maritime Security Update
• Special Areas
• Particularly Sensitive Sea Areas (PSSA)

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Framework for the Voluntary IMO Member State
Audit

• Assembly Resolution A.974(24)
• (ANNEX PART I)

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Objective

• The objective of the audit is to determine to
  what extent Member States are implementing and
  enforcing the applicable IMO instruments. In
  order to achieve this, a number of issues will be
  observed and assessed.

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Areas to be covered (1)

• Jurisdiction
• Organization and authority
• Legislation, rules and regulations
• Promulgation of IMO mandatory instruments, rules
  and regulations
• Enforcement arrangements
• Control, survey, inspection, audit, verification,
  approval and certification functions

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Areas to be covered (2)

• Selection, recognition,authorization, empowerment
  and monitoring of ROs, as appropriate, and of
  nominated surveyors
• Investigations required to be reported to IMO
• Reporting to IMO, other Administrations, and
  organizations

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Technical co-operation (1)

• In order to obtain the full benefits of the
  scheme, consideration of capacity-building
  matters is essential, particularly in respect of
  human and financial resources. Where appropriate,
  Member States will be assisted in order to
  prepare for the audit, as well as to address
  audit findings.

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Technical co-operation (2)

• Capacity-building includes an adequate supply of
  suitably trained personnel, with maritime and
  audit skills, along with the required software
  systems. The need for infrastructural facilities,
  defined as including workspace, utilities and
  communication systems relevant to meeting
  initially the needs of the audit and ultimately
  the aims of the scheme, is also to be taken into
  account.

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Audit standard Code for the Implementation of
Mandatory IMO Instruments

• Assembly Resolution A.973(24)

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Objective

• Enhance global maritime safety and protection of
  the marine environment
• Note -
• An Administration is only bound by the
  instruments to which it is Party
• Some Administrations may have a greater role as
  coastal or port State than as a flag State but
  this does not diminish their duties in each role

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Strategy

• To meet the objective of the Code there should be
  a strategy covering
• Implementation and enforcement of relevant
  instruments
• Adherence to international recommendations, as
  appropriate
• Continuous review and verification of the
  effectiveness of the State in respect of meeting
  its international obligations
• The achievement, maintenance and improvement of
  overall organizational performance and capability

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Mandatory IMO Instruments

• SOLAS 74
• SOLAS 74 PROT 78
• SOLAS 74 PROT 88
• MARPOL 73/78 PROT 97
• STCW 78
• LOAD LINES 66
• LOAD LINES 66 PROT 88
• Tonnage 69
• COLREG 72
• All instruments (Codes etc.) made mandatory
  through these conventions and protocols

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Government Responsibility

• The Government of a State Party to a mandatory
  IMO instrument must be in a position to implement
  and enforce its provisions through appropriate
  national legislation and to provide the necessary
  implementation and enforcement infrastructure.

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Maritime Security Update

• MSC Circulars 81st session June 2006
• Regional workshops on maritime security

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MSC Circulars (1)

• Circ.1188 - Guidelines on training and
  certification for port facility security officers
  
• Required by MSC when Circ.1154 Training for
  CSOs was approved
• Circ. 1189 - Interim scheme for the compliance of
  special purpose ships with the special measures
  to enhance maritime security
• These ships were not previously required to
  comply. Scheme is to facilitate smooth compliance

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MSC Circulars (2)

• Circ.1190 - Guidance on the provision of
  information for identifying ships when
  transmitting ship security alerts
• Inadequate information provided for ship
  identification
• Circ.1191 - Further reminder of the obligation to
  notify flag states when exercising control and
  compliance measures
• Update of Circ.1133 because of continued failure
  to issue the required notifications

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MSC Circulars (3)

• Circ.1192 - Guidance on voluntary self-assessment
  by SOLAS contracting governments and by port
  facilities
• Replaces Circ.1131 (Dec. 2004) Interim guidance ,
  which was revised
• Circ.1193 - Guidance on voluntary self-assessment
  by administrations and for ship security
• Circ.1194 - Effective implementation of SOLAS
  chapter XI-2 and the ISPS Code
• Gives Guidance on basic elements of national
  oversight programmes for SOLAS XI-2 and the ISPS
  Code

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• Reasons for MSC Circular 1194
• Available information suggested that
• some port facilities appeared to fail to comply
  with their obligations under SOLAS chapter XI-2
  and the ISPS Code and in some instances ships had
  no alternative but to implement their own
  additional protective security measures
• despite the provisions of the ISPS Code and the
  promulgation of MSC/Circ. 1112 on Shore leave and
  access to ships under the ISPS Code, seafarers
  continued to encounter difficulties with certain
  SOLAS Contracting Governments in relation to
  shore leave and access to ships
• despite the provisions of the ISPS Code and the
  promulgation of MSC/Circ. 1156 on Guidance on the
  access of public authorities, emergency response
  services and pilots onboard ships, Government
  officials continued to ignore the security
  measures on board ships and conduct themselves in
  a manner which was not conducive to the aim and
  objectives of SOLAS chapter XI-2 and the ISPS
  Code

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• despite the promulgation of MSC/Circ.1133 on
  Reminder of the obligation to notify flag States
  when exercising control and compliance measures,
  a number of SOLAS Contracting Governments
  continue to fail to notify the Administrations
  concerned and the Organization, when taking
  control measures or steps against ships pursuant
  to the provisions of SOLAS regulation XI-2/9 on
  Control and compliance measures and
• the information posted by SOLAS Contracting
  Governments on the Maritime Security module of
  the IMO Global Integrated Shipping Information
  System, which contains the information
  communicated to the Organization pursuant to the
  provisions of SOLAS regulation XI-2/13 on
  Communication of information, are incomplete,
  outdated or in some cases inaccurate.

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Recent TC activities (1)

• Regional seminar on maritime security, Vera Cruz,
  México, 24 to 28 October 2005
• Objectives
• Assessment of the status of implementation of
  maritime security measures in the region
  identification of specific needs for technical
  co-operation issues of long-term compliance and
  promotion of regional Interagency
  communication, co-ordination co-operation

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Recent TC activities (2)

• Caribbean Seminar on maritime security, piracy
  and armed robbery against ships - Trinidad and
  Tobago - April 2006
• update participating States on recent maritime
  security developments
• assess the levels of compliance with SOLAS
  chapter XI-2 and the ISPS Code among
  participating States
• identify and promulgate best practices in the
  region, particularly those pertaining to the
  security of cruise ships
• formulate appropriate regional action plans for
  combating terrorism, enhancing maritime security,
  countering piracy and armed robbery against
  ships, and combating drug smuggling

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MARPOL Special Areas (1)

• A sea area where for recognised technical reasons
  in relation to its oceanographical and ecological
  condition and to the particular character of its
  traffic, the adoption of special mandatory
  methods for the prevention of sea pollution is
  required.
• provided with a higher level of protection than
  other areas of the sea
• Identified in MARPOL Annexes

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MARPOL Special Areas (2)

• Oil MARPOL Annex I
• Noxious Liquid Substances (NLS) Annex II
• Garbage Annex V
• Sulphur oxide (SOx) Emission Control Areas
  Annex VI

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Wider Caribbean Region Special Area Annex V

• Adequate reception facilities not reported
• MEPC Circular 470 Waste reception facility
  reporting requirements
• Global Integrated Shipping Information System
  (GISIS) Port reception facility database
• Consider WCR Special Area for Oil and NLS also

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Particularly Sensitive Sea Areas (PSSAs)

• An area that needs special protection through
  action by IMO because of its significance for
  recognized ecological or socio-economic or
  scientific reasons and which may be vulnerable to
  damage by international maritime activities
• An application for PSSA designation should
  contain a proposal for an associated protective
  measure or measures aimed at preventing, reducing
  or eliminating the threat or identified
  vulnerability
• When an area is approved as a particularly
  sensitive sea area, specific measures can be used
  to control the maritime activities in that area,
  such as routeing measures, strict application of
  MARPOL discharge and equipment requirements for
  ships, such as oil tankers and installation of
  Vessel Traffic Services (VTS).

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A.982(24) Revised guidelines for the
identification and designation of PSSAs

• include criteria to allow areas to be designated
  a PSSA if they fulfil a number of criteria,
  including ecological criteria, such as unique or
  rare ecosystem, diversity of the ecosystem or
  vulnerability to degradation by natural events or
  human activities social, cultural and economic
  criteria, such as significance of the area for
  recreation or tourism and scientific and
  educational criteria, such as biological research
  or historical value.
• provide advice to IMO Member Governments in the
  formulation and submission of applications for
  the designation of PSSAs to ensure that in the
  process, all interests - those of the coastal
  State, flag State, and the environmental and
  shipping communities - are thoroughly considered
  on the basis of relevant scientific, technical,
  economic, and environmental information regarding
  the area at risk of damage from international
  shipping activities

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MEPC Circular 510

• Guidance document for submission of PSSA
  proposals to IMO
• Provides guidance for the development, drafting
  and submission of proposals to IMO for the
  designation of a PSSA
• Sets forth the issues that should be included in
  such a proposal to facilitate its assessment and
  approval by MEPC
• The assessment and determination of whether a
  PSSA should be designated are ultimately
  controlled by whether the proposal meets the
  provisions of A.982(24)
• The Guidelines and Guidance document are
  complementary

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Questions
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