3. Review of the Code for the implementation of mandatory IMO Instruments;

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1 Full report for clients The 19 th session of the IMO Flag State Implementation (FSI) Sub-Committee was held from 21 st to 25 th February 2011, at the IMO headquarters in London, the United Kingdom. This briefing is to provide a summary of topics of relevance to Lloyd s Register which were discussed at the meeting. Due to the close proximity between FSI 19 and MSC 89, only urgent matters emanating from FSI 19 will be considered at MSC 89 in May 2011, in accordance with the Committees' Guidelines. Non-urgent matters will be forwarded to MSC 90 scheduled in May The following have been identified as urgent matters for consideration by MSC 89: 1. Harmonization of Port State Control activities; 2. Review of the survey guidelines under the HSSC; 3. Review of the Code for the implementation of mandatory IMO Instruments; 4. Development of a Code for recognized organizations; and 5. Measures to protect the safety of persons rescued at sea. Completed items For the summary of the completed items, please refer to Annex Form of supplement to IAPP (International Air Pollution Prevention) Certificate (agenda item 11) MEPC 61 (Sept 2010) adopted the revised format for the supplement to the IAPP Certificate, however the timing for replacing existing certificates was undecided. The decision was left to FSI 19 and it was agreed to follow the principle laid down in MSC-MEPC.5/Circ.6, i.e. certificates should be replaced at the first survey after the entry into force date. This decision will be forwarded to MEPC 62 (July 2011) for conclusion. For details, please refer to Annex 6 to this document. 2. Port State Control related items - Revised texts of Resolution A.787(19) revised by A.882(21) - Procedures for Port State Control (agenda item 6), and Review of the Guidelines for inspection of anti-fouling systems on ships (agenda item 9) Revised procedures for Port State Control (PSC) were agreed and will be forwarded to MSC 89 (May 2011). The revised procedures will clarify various issues raised during PSC operations, which include Guidance for Port State Control officers on Long Range Identification and Tracking (LRIT). This guidance will be adopted as an Assembly Resolution at 27 th Assembly session scheduled in November A PSC guideline for verifying pilot transfer arrangements was also agreed and will be circulated as a MSC-MEPC Circular after approval by MSC and MEPC. In addition, Guidelines for inspection of anti-fouling systems on ships were developed and are designed to be consistent with the survey guidelines for anti-fouling systems adopted last year. These guidelines will be forwarded to MEPC 62 (July 2011) for adoption as a MEPC Resolution. For details of agenda item 6, please refer to Annex 3 to this document. For details of agenda item 9, please refer to Annex 5 to this document. meeting report

2 3. Review of the survey guidelines under the HSSC (agenda item 11) The survey guidelines were revised and updated, taking into account the new requirements entering into force up to 31 December In addition, FSI 19 simply noted the decision of the DSC Sub-Committee that a mandatory survey and certification scheme is not required for the IMSBC Code; DSC 15 (Sept 2010) concluded that issuance of Statement of Compliance should serve the purpose. For details, please refer to Annex 6 to this document. Ongoing items 1. Casualty statistics and investigations (agenda item 5) Casually investigation reports were reviewed. Some specific incidents were sent to other sub-committees for their reviews. For details, please refer to Annex 2 to this document. 2. Application criteria for the LSA Code (part of agenda item 11) As a part of discussion under agenda item 11, application criteria for the LSA Code were also addressed, i.e., whether to be keel lay, physical institution or other possible criteria. This matter was originated from DE 52, then MSC, and finally sent to FSI. However, FSI 19 was unable to reach an agreement. The matter will be further discussed at next session. Noting that another set of amendments to the LSA code is entering into force on 1 January 2012 (Resolution MSC.293(87)), this is a grave situation. For details, please refer to Annex 6 to this document. 3. Guidelines for port State control under the 2004 BWM Convention (Agenda item 8) FSI 19 noted that there was a steady increase in the number of States which ratified the convention. This means that the condition for entry into force of the convention might be met soon. In principle agreement was made that, while how to sample the ballast water will be left to the work of the BLG Sub-Committee, the work of the FSI Sub-Committee should address the timing of sampling. Nevertheless, it was not possible to conclude this matter due to the time constraints. For details, please refer to Annex 4 to this document. Next session FSI 20 is scheduled from 26 th to 30 th March The following working groups are envisaged. 1. casualty statistics and investigations; 2. review of the Survey Guidelines under the HSSC and the annexes to the Code for the Implementation of Mandatory IMO instruments; 3. harmonization of port State control activities and development of guidelines on port State control under the 2004 BWM Convention; and 4. Code for Recognized Organizations and making the Code for implementation of IMO mandatory instruments and the auditing mandatory. meeting report

3 Annex 1 - Decision of other IMO Bodies (agenda item 2) FSI 19 reviewed the outcome of the relevant committees and sub-committees. The following issues are relevant to the work of LR: Awareness and caution against presence of asbestos onboard. Background MSC 88 (Dec 2010) approved MSC.1/Circ information on prohibiting the use of asbestos onboard ships. Discussion Some Member Governments are expected to make a joint submission to FSI 20 for further discussions with a view to ensuring all concerned parties take responsibility in relation to MSC.1/Circ Information on prohibiting the use of asbestos onboard ships. Advice for shipowners / managers Whilst FSI will embark on further discussion at the next session, shipowners are invited to bring MSC.1/Circ.1374 to the attention of masters and engineers. Advice for Flag Administrations / Recognized Organizations Flag Administrations and Recognized Organizations should notify the above development to surveyors concerned. Applicability To all ships. What is LR doing? The danger of asbestos is well recognized by LR, and this issue is also addressed within the LR Rules and Regulations. Return to overall summary at start of document meeting report

4 Annex 2 - Casualty statistics and investigations (agenda item 5) FSI 19 reviewed the report of the Correspondence Group on the casualty analysis and other documents submitted and agreed to forward these reports to the relevant sub-committees Background The International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) adopted by resolution MSC.255(84) become mandatory under SOLAS regulation XI- 1/6 on 1 January 2010; making casualty investigation more important to Member States. Findings under this agenda item may be referred to other sub-committees for their review. Depending upon the discussions that may take place at these sub-committees, a new work programme item to address possible safety measures may be proposed to MSC by a Member State. Discussion The reports on the Chicago Express and La Donna I incident stability related issues to be further reviewed by the DE, NAV, STW and SLF Sub-Committees a case of excess heel to be further reviewed up by the DSC Sub-Committee for possible amendments to the IMSBC Code The report on Black Watch incident casualty caused by mooring rope breakage To be further reviewed by the NAV Sub-Committee with a view to establishing regulatory requirements for mooring ropes. The report on Beluga Sensation incident man/machine interface To be further reviewed by the DE Sub-Committee with regard to the design of bridge equipment, with special regard to design that is susceptible to allowing operators to make mistakes in stressful situations, indicating that the relevant equipment lacks proper design from a human factors (man/machine-interface) point of view Others Matters relevant to contents of SOPPEP, as a lesson leaned from Hebei Spirit pollution accident were discussed. Problems in relation to the communications between sea pilot and bridge team as well as the accident associated with winch operation will be further investigated toward FSI 20 by the correspondence group. Advice for all clients There is no immediate impact from these discussions at FSI. However, it may be worth noting that IMO is looking at the following items: - Stability related issues container ships and bulk carriers - Mooring ropes - SOPPEP meeting report

5 - Communication between a sea pilot and bridge team - Winches Applicability Subject to further discussion within IMO. What is LR doing? LR takes due consideration of the man/machine interface in developing LR s Rules and Regulation and notations, thus will be carefully monitoring further discussions. Return to overall summary at start of document meeting report

6 Annex 3 - Harmonization of Port State Control (PSC) activities (agenda item 6) Under this agenda item, FSI 19 addressed the report of the Correspondence Group on PSC Activities and other documents submitted, including reports on various regional PSC activities. Inter-alia, the following will be of interest to industry: Revised text of Resolution A.787(19) revised by A.882(21) - Procedures for Port State Control Guidance for Port State Control officers on LRIT Pilot transfer arrangements BWM Convention (refer to agenda item 8) Anti-fouling system (refer to agenda item 9) Background Harmonization of Port State Control activities is, as a matter of fact, providing interpretation to the existing IMO instruments. It is therefore important that such activities are transparent and consistent. IMO has been updating the PSC procedures to keep up with regulatory developments. Discussion There was a lengthy discussion on the inclusion of security elements in the PSC Guidelines. Several members were of the opinion that ISPS Code related matters have been addressed by resolution MSC.159(78) - Interim guidance on control and compliance measures to enhance maritime security, which was agreed by the FSI 19. With regard to matters relevant to the ISM Code, whilst a regional PSC Secretariat proposed amendments to the existing PSC Procedures, it was agreed to defer this matter to the next session where further referral to the Joint Working Group on Human Element for consideration by ISM experts. With regard to the definition of bulk carrier given in the PSC guidelines, an explanation was inserted indicating that even a ship that is not certified as a bulk carrier on its statutory certificate may occasionally carry bulk cargo as indicated in resolution MSC.277(85). In addition, FSI 19 instructed the Secretariat to bring FSI 19/INF.7 (Concentrated campaign report on lifeboat launching appliances) to the attention of DE 55 and the Intersessional Working Group on this matter. Advice for shipowners / managers The updated PSC guidelines will ensure consistencies in PSC operations. Some elements of the PSC guidelines are providing de-facto interpretations of various international instruments. Once the work on the guideline is concluded at 27 th session of the Assembly (Nov 2011), shipowners and managers may consider reviewing the guidelines and align shipboard SMS accordingly. Applicability All ships engaged on international voyages that are subject to Port State Control operations. meeting report

7 What is LR doing? LR provides various guidance to shipowners and ship managers in respect to Port State Control operations. For details, please contact a LR account manager. Return to overall summary at start of document meeting report

8 Annex 4 - Development of guidelines on Port State Control under the 2004 BWM Convention (agenda item 8) While the BLG Sub-Committee is preparing guidelines for sampling of ballast water, the FSI Sub-Committee was tasked to develop PSC guidelines. FSI 19, being aware of the development at the BLG Sub-Committee, proceeded with caution to avoid a conflict between two instruments. Background The International Convention for the Control and Management of Ships Ballast Water and Sediment, 2004 (BWM convention) will enter into force 12 months after ratification by 30 States, representing 35% of world merchant shipping tonnage. To date (as of February 2011), there are 27 States that represent 25.32% of the world merchant shipping tonnage. Discussion FSI 19 addressed the report of the Correspondence Group on PSC Guidelines established under agenda item 6. The following is the summary of the discussion which took place FSI 19 noted the work on BLG sampling and analysis protocols. It was agreed not to duplicate the work, but refer to the result of BLG where possible. Verification of the Ballast Water Treatment System information provided by Australia to MEPC 61 (MEPC 61/INF.19) was considered as a useful tool. This will be further considered at FSI 20. FSI 19 acknowledged that ballast water discharge monitoring equipment is not mandatory, thus agreed to address, in the course of developing guidelines, a way to take samples for the systems that do not have the equipment. Advice for shipowners / managers At this stage, just to note the above discussion, however, should also note the steady progress of the ratification of the convention. Applicability To all ships subject to BWM convention, once the convention enters into force, i.e., all ships will be required to install and use an approved ballast water treatment system which is to be installed on a defined time scale based on the ships date of construction and ballast water capacity. What is LR doing? While Ballast Water Management Convention has not yet entered into force, LR has prepared various guidelines for the industry. For details, please contact a near by account manager. Return to overall summary at start of document meeting report

9 Annex 5 - Review of the Guidelines for inspection of anti-fouling systems on ships (agenda item 9) FSI 19 concluded work on the Guidelines for inspection of anti-fouling systems which will be forwarded to MEPC 62 (July 2011) for adoption. Background The International Convention on the Control of Harmful Anti-Fouling Substances on Ships, 2001 entered into force on 17 September Discussion FSI 19, taking into account the past discussions and the work of the intersessional correspondence group concluded work on the new guidelines. This supersedes the existing guidelines adopted as MEPC.105(49). The PSC guidelines provide the way detailed inspection may be carried out, including possible questions that may be asked to seafarers. With regard to sampling, it is stated that If sampling is carried out, the time to process the samples cannot be used as a reason to delay the ship. Advice for shipowners / managers Shipowners and managers are encouraged to bring the guidelines to the attention of masters in order to avoid any issues during PSC inspections. Applicability Ships of 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs). Ships of 24 metres in length or more, but less than 400 gross tonnage, engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Anti-fouling Systems signed by the owner or authorized agent. What is LR doing? LR undertakes survey and certification for anti-fouling systems on behalf of various Flag Administrations. Return to overall summary at start of document meeting report

10 Annex 6 - Review of the survey guidelines under the HSSC (agenda item 11) At FSI 19 session, the following items were discussed: preparation of a draft Assembly Resolution on Survey Guidelines under the HSSC, 2011(to revoke resolutions A.997(25) and A.1020(26)); updating MEPC.1/Circ.718 on the Revised form of the supplement to the IAPP Certificate to be seen in the context of MSC-MEPC.5/Circ.6 on Guidance on the timing of replacement of existing certificates by the certificates issued after the entry into force of amendments to certificates, as requested by MEPC 61; and the application principle of the LSA Code. Background The survey guidelines under the Harmonized System of Survey and Certificate (HSSC) was originally adopted as Assembly Resolution A.746(18). Since then, the guidelines have been constantly reviewed and updated as new requirements come in. The latest version is the 2007 HSSC guidelines, adopted as A.997(25) which was further amended by A.1020(26). The amendments to survey guidelines will affect survey items. Although amendments to the guidelines will be a reflection of new recently introduced requirements, change made within the survey guidelines will ensure enforcement of the requirements. Discussion The following decisions are relevant to industry and will be reported to MSC 89 (May 2011) and MEPC 62 (July 2011) IMSBC Code: FSI 19 noted DSC 15 s decision that formal survey and certification arrangements are not required; IAPP Certificate: Replacement of the certificate into the new format adopted at MEPC 61 (as Resolution MEPC.194(61)) is to be done at the first survey. FSI 19 developed amendments to existing MEPC.1/Circ Revised form of supplement to the IAPP Certificate for submission to MEPC 62 (July 2011) for approval; LSA Code: Discussion on the application criteria, i.e., physical installation date, keel laying date, or contractual delivery of the equipment to ship etc were not concluded; HSSC Survey guidelines: updated taking into account the recent regulatory updates. FSI 19 concluded its submission on draft the Assembly resolution for forwarding MSC 89 and MEPC 62 for adoption at 27 th session of Assembly; and Pilot transfer: Draft MSC MEPC.4 Circular on Safety of pilot transfer arrangement was agreed and will be forwarded to MSC 89 and MEPC 62 for approval. Advice for shipowners / managers Amongst the decisions made, the timing of the replacement of IAPP Certificates should be noted. An instruction to masters is encouraged in order to avoid any issues at PSC inspections. Advice for Flag Administrations / Recognized Organizations Updates to survey checklists, in accordance with the revised HSSC survey guidelines, will be required once the new guidelines are adopted at the 27 th session of Assembly in November meeting report

11 Applicability To all ships. What is LR doing? The IMO survey guidelines are incorporated into LR s survey procedures and checklists. The revised survey guidelines will be incorporated into these documents. Return to overall summary at start of document meeting report

12 Annex 7 - Summary of the discussions (list of finalized instruments) As indicated in the first part of this document, only those items agreed as being urgent matters from FSI 19 will be considered by MSC 89 in May 2011, the remainder will be forwarded to MSC 90 in May Also, many of the outcomes from the FSI Sub-Committee require review by MEPC, in addition to MSC. Draft Assembly resolutions Title/content Approval Adoption Entry into force Draft Revised text of Resolution A.787(19) revised by MSC 89; Assembly 27 1 January A.882(21) - Procedures for Port State Control and 2012 MEPC 62 Draft Amendments to A.997(25) Survey guidelines under the Harmonized System of Survey and Certification, 2011 (revoking A.997(25) and A.1020(26)). MSC 89; and MEPC 62 Assembly 27 1 January 2012 Draft MEPC Resolution Title/content Approval Application date 2011 guidelines for inspection of anti-fouling systems on ships MEPC 62 Soon after MEPC 62 Draft MSC/MEPC circular Title/content Approval Application date Draft MSC MEPC.4 Circular Safety of pilot transfer arrangement MSC 89 Soon after and then MEPC 62 MEPC 62 Draft MEPC circular Title/content Approval Application date Revision to MEPC.1/Circ Revised form of supplement to MEPC 62 Soon after International Air Pollution Prevention Certificate. MEPC 62 Ref. (section) Agenda item 6 Agenda item 11 Ref. (section) Agenda item 9 Ref. (section) Agenda item 11 Ref. (section) Agenda item 11 Supplement useful links IMO IACS Lloyd s Register Lloyd s Register past IMO Reports meeting report