Responsibilities of governments and measures to encourage flag State compliance (Agenda item 3)

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1 IMO FSI 20 Summary report for clients Introduction The 20th session of the IMO Sub-Committee on Flag State Implementation (FSI 20) was held from 26 to 30 March 2012, at the IMO headquarters in London. This briefing summarises the discussions which are relevant to the work of Lloyd's Register. Due attention should be paid to the Advice and Application sections given in Annex 1. It should be noted that owing to the close proximity of FSI 20 to MSC 90, only Draft MSC Circular on Guidelines on exemptions for crude oil tankers solely engaged in the carriage of cargoes and cargo handling operations not causing corrosion will be reported to MSC 90 (May 2012). All remaining items will be reported to MSC 91 (November 2012). Summary of discussions Responsibilities of governments and measures to encourage flag State compliance (Agenda item 3) Among various issues discussed, the following is worth noting. List of documents to be carried onboard There is a FAL.2/Circ.123-MEPC.1/Circ.769-MSC.1/Circ.1409 entitled "Revised List of certificates and documents required to be carried on board ships" issued on 28 September FSI 20 agreed to review and update this list in the future sessions. In this relation, it was also agreed to discuss what the originals documents that are to be carried onboard are. This is an interesting area as more and more electronic documents are used. Non-convention ships IMO has for several years been preparing a modular set of standards and harmonized regulations and model national legislation for ships not covered by the 1974 SOLAS Convention GlobalReg. There was a proposal that IMO should review the GlobalRegs to assist various flag Administrations to improve the safety of such non-convention ships. While this was supported by many delegations, some were concerned about the resources necessary for this task and the usefulness of such an international standard for non-convention ships. FSI agreed to ask MSC for instructions on this matter. Casualty statistics and investigation (Agenda item 5) The report of the correspondence group on casualty analysis was reviewed. Some reports, including analysis on accidents relating to lifting appliances will be forwarded to the DE Sub- Committee for its consideration. Harmonization of port State control activities (Agenda item 6) Various elements of port State control activities were discussed. 1

2 ISM guidelines Following the instruction of the MSC 89, using the guidelines developed by the Paris MOU, FSI 20 developed a draft guideline on PSC with regard to ISM deficiencies. This work is aimed at updating the interim guidelines (MSC/Circ.890-MEPC/Circ.354 & MSC/Circ.1059-MEPC/Circ. 401) and the Appendix to the PSC guidelines (resolution A.1057 (27)). The guidelines stipulate the procedures for situations in which a PSCO find technical and operational deficiencies that are considered relevant to the ISM code. Some NGOs and member States expressed concerns over the guidelines, as they lack some aspects of understanding of the Ship Management System such as serious/non-serious deficiencies and interim certification during the initial operation of the management system. The guidelines developed by FSI 20 will be further considered at FSI 21. PSC Guidelines on seafarers hours of rest and PSC guidelines in relation to the Maritime Labour Convention, 2006 (Agenda item 7) FSI 20 noted information provided by the IMO Secretariat, on the progress of the ratification of ILO Maritime Labour Convention, 2006, and relevant work at the STW Sub-Committee on rest periods, as well as recently adopted Assembly resolution on safe manning level. No substantial discussion on the PSC Guidelines took place at FSI 20. 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 with developing PSC guidelines. FSI 19, being aware of the development at the BLG Sub-Committee, proceeded with caution to avoid a conflict between the two instruments. However, owing to the shortage of time, the matter was deferred to FSI 20. BLG 16, held in February 2012, could not agree upon the sampling guidelines, as sampling may cause a problem if that is rigorously applied. In other words, an innocent shipowner who bought a type approved treatment system and maintains the equipment in accordance with the manufacturer s instructions may still be found guilty if a sample taken does not meet the required standard. FSI 20, recognizing the situation at the BLG Sub-Committee, deferred the discussion to FSI 21 when the outcome of BLG 17 will be available. Review of the Survey Guidelines under the HSSC and the annexes to the Code for the Implementation of Mandatory IMO Instruments (Agenda item 10) Under this agenda item, several items that are relevant to survey and certifications were discussed. The following is a brief summary: Draft amendments to the LSA Code The application criteria for the LSA code has been further developed, with regard to whether the new amendments to the LSA code are applicable on the date when the equipment is installed onboard, or when keel of the ship is laid down etc. The main change relates to imposing a limit of 24 months, or earlier if required by the Administration, on ships already under construction at the time that amendments to the LSA Code become effective. The draft will be further considered at DE 57 in early Draft MSC Circular on guidance for drafting LSA code amendments In conjunction with the above amendments to the LSA Code, FSI 20 addressed how the future amendments to the code should be drafted. The draft circular will be further reviewed by DE 57 together with the amendments to the LSA code introduced above. 2

3 Draft reporting procedure on the results of evaluation of existing lifeboat release and retrieval systems FSI 20, following the instruction given by MSC 89, considered a need for developing a reporting procedure on the results of evaluation of existing lifeboat release and retrieval systems. FSI 20 concluded that the factual statement to be issued by a manufacturer upon satisfactory completion of the overhaul examination, which is required in MSC.1/Circ Guidelines for evaluation and replacement of lifeboat release and retrieval systems - will serve this purpose thus no official reporting format is necessary. Draft MSC Circular on guidelines on exemptions for crude oil tankers solely engaged in the carriage of cargoes and cargo handling operations not causing corrosion. This is one of the guidelines required by the new SOLAS regulation II-1/3-11 which entered into force on 1 January 2012 (but applicable to crude oil tankers contracted for construction on or after 1 January 2013). The circular provides criteria for judging cargoes that might be qualified for exemption granted under the regulation. FSI 20 reviewed the procedure for granting such exemptions and the draft circular will be submitted to MSC 90 for approval. HSSC Survey guidelines (Resolution A.1053(27)) A draft text for updating existing guidelines that cover requirements that will enter into force on 1 July 2012 was prepared for further update by the correspondence group established. The correspondence group will cover requirements entering into force up to the end of The amendments to the Survey Guidelines will then be adopted by the 28th Assembly in late For details, please refer to Annex 1 to this document. Lloyd s Register, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as the Lloyd s Register Group. The Lloyd s Register Group assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Lloyd s Register Group entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract. 3

4 Annex 1 - Review of the Survey Guidelines under the HSSC and the annexes to the Code for the Implementation of Mandatory IMO Instruments (Agenda item 10) Discussions in detail Draft amendments to the LSA Code The application criteria for the LSA code has not been finalised, i.e., whether the new requirements made to the LSA code are applicable on the date when the equipment is installed onboard, or when keel of the ship is laid down etc. The draft, which will be further considered at DE 57 in early 2013, states that: "1.2.1 Application This Code is applicable to life-saving appliances as referred to in chapter III of the Convention Unless expressly provided otherwise, this Code is applicable to life-saving appliances installed on board ships on or after 1 July However, amendments to the Code adopted after 1 July 1998 shall, unless expressly provided otherwise, only apply to life-saving appliances installed on board ships on or after the date of entry into force of such amendments In application of paragraph , "life-saving appliances installed on board ships" means:.1 for ships for which the building contract is placed on or after the date of entry into force of the amendment, or in the absence of the building contract, constructed on or after that date, any life-saving appliances replaced or newly installed;.2 for ships with a completion date of the initial survey as per regulation I/7 or I/8 of the Convention, as applicable, before the date of entry into force of the amendments, any life-saving appliances replaced or newly installed; and.3 for ships under construction, any life-saving appliances installed 24 or more months after the entry into force of the amendment or earlier than 24 months, if so required by the administration. Draft MSC Circular on guidance for drafting amendments the LSA Code In conjunction with the above amendments to the LSA Code, FSI 20 addressed how the future amendments to the code should be drafted. The draft circular will be further reviewed by the DE Sub-Committee at its 57 th Session in early Draft reporting procedure on the results of evaluation of existing lifeboat release and retrieval systems Background: A set of requirements were adopted at MSC 89 for entry into force on 1 January 2013 concerning evaluation and possible replacement of lifeboat release and retrieval mechanism. Detailed background of the requirements and discussion can be found in Lloyd s Register s meeting report on MSC 89 ( and Ruleoutlooklive ( 4 (Annex 1 - Review of the Survey Guidelines under the HSSC and the annexes to the Code for the Implementation of Mandatory IMO Instruments (Agenda item 10))

5 Summary: FSI 20, following the instruction given by MSC 89, considered a need for developing a reporting procedure on the results of evaluation of existing lifeboat release and retrieval systems. FSI 20 concluded that the factual statement to be issued by a manufacturer upon satisfactory completion of the overhaul examination, which is required in MSC.1/Circ Guidelines for evaluation and replacement of lifeboat release and retrieval systems - will serve this purpose thus no official reporting format is necessary. Advice to clients and application: Please find detailed information given in a Lloyd's Register guidance note on this regulation, which can be found at Draft MSC Circular on guidelines on exemptions for crude oil tankers solely engaged in the carriage of cargoes and cargo handling operations not causing corrosion Background: This is one of the guidelines required by the new SOLAS regulation II-1/3-11 which entered into force on 1 January 2012 (but applicable to crude oil tankers contracted for construction on or after 1 January 2013). Detailed background of the requirements and discussion can be found in Lloyd s Register s meeting report on DE 55 ( and Ruleoutlooklive ( Summary: The circular provides criteria for judging cargoes that might be qualified for exemption granted under the regulation. Advice to clients and application: Please refer to Lloyd s Register s guidance note, Corrosion protection of crude oil cargo tanks - new IMO regulations, which is posted on the corporate website. ( HSSC Survey guideline (Resolution A.1053(27)) A draft text for updating existing guidelines that covers requirements that will enter into force on 1 July 2012 was prepared for further update by the correspondence group established. The following is the major decision taken at the FSI 20 After careful consideration, Oil tanker was replaced with tanker in the section headers relating to the cargo ship safety equipment surveys. The items related to the surveys in relation to alternative designs and arrangements under SOLAS Chapters II-1, II-2 and III were updated. Draft definitions for the terms examination and testing were developed. The correspondence group will cover requirements entering into force up to the end of The amendments to the Survey Guidelines will then be adopted by the 28th Assembly in late Return to overall summary at start of document 5 (Annex 1 - Review of the Survey Guidelines under the HSSC and the annexes to the Code for the Implementation of Mandatory IMO Instruments (Agenda item 10))