IM NEWS MARITIME SECURITY TO THE FORE AFTER TERROR STRIKES ANTI-FOULING CONVENTION TO BAN TBTS IMO COUNCIL INCREASES AS MEMBERSHIP CONTINUES TO RISE

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1 IM NEWS THE MAGAZINE OF THE INTERNATIONAL MARITIME ORGANIZATION ISSUE MARITIME SECURITY TO THE FORE AFTER TERROR STRIKES ANTI-FOULING CONVENTION TO BAN TBTS IMO COUNCIL INCREASES AS MEMBERSHIP CONTINUES TO RISE

2 IMO News Issue Contents A Coast Guard rescue team from Sandy Hook, NJ, races to the scene of the World Trade Center terrorist attack: Photo, US Coast Guard Digital 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 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 safety From the meetings From the meetings Sub Committee on Stability, Load Lines and Fishing Vessels (SLF) 44th session Legal Committee 83rd session 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 The International Maritime Organization (IMO) 4, Albert Embankment London SE1 7SR UK Tel +44 (0) Fax +44 (0) (general enquiries) info@imo.org Website Managing Editor Lee Adamson (ladamson@imo.org) Assistant Editor Natasha Brown (nbrown@imo.org) Editorial production Aubrey Botsford, Brian Starkey Advertising Hanna Moreton (hmoreton@imo.org, tel +44 (0) ) Distribution Lesley Brooks (lbrooks@imo.org), Christine Gregory IMO News is the magazine of the International Maritime Organization and is distributed free of charge to qualified readers. The opinions expressed are not necessarily those of IMO and the inclusion of an advertisement implies no endorsement of any kind by IMO of the product or service advertised. The contents may be reproduced free of charge on condition that acknowledgement is given to IMO News. Please allow at least ten weeks from receipt at IMO for additions to, deletions from or changes in the mailing list. Copyright IMO 2001 Pub 484/01 No IMO NEWS 3

3 Opinion Intelligence Safety and security now inextricably linked IMO to tackle security issues in wake of terrorist atrocities The 22nd Assembly of the IMO, the Organization s highest governing body, opened at a time when 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 throughout the 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 top of the priority list. The UN Security Council adopted a resolution, on September 28th, containing wide-ranging comprehensive measures and strategies to combat international terrorism. In this context, shipping and maritime structures are clearly vulnerable. I therefore initiated steps to prepare a resolution, which was adopted by the IMO Assembly, on measures and procedures to prevent acts of terrorism which threaten the security of passengers and crews and 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 the atrocities committed, the heroic emergency service staff lost and their families. It was with those people in my mind that I communicated with Admiral Loy, the distinguished Commandant of the United States Coast Guard, to convey to him my personal heartfelt sympathy 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 American people, I emphasized my determination to work with others so that shipping would not become a target of international terrorism. I am anxious to ensure that all necessary technical and legal measures to prevent and suppress acts of terrorism directed against shipping are put in place without delay. To achieve this, prompt action by the competent bodies of the Organization under the direction of the Council 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 connotations unavoidably linked with the issue of terrorism. At the same time, I was not oblivious of IMO s technical character, which I am determined to preserve. However, I fully share the view of the United 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 of innocent civilian life, regardless of cause or grievance. If there is one universal principle that all peoples can agree on, surely it is this. In the light of the heavy legacy passed to the civilized world by the recent tragic events, I strongly believe that we, the maritime community, have a role to play and a contribution to make 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 to reduce, even eliminate, any risk to passengers, crews and port personnel on board ships and in port areas, as well as to vessels and their cargoes, which may be triggered by terrorist acts. I also believe that there is a need to expand IMO s security measures, which at present cover only passenger ships and passenger ferries, to cover other potentially vulnerable ship types, for example 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 ascertain whether 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, to take any further prompt action required. Just as the events of September 11 th have affected so many aspects of our lives, so must the response be comprehensive. The adoption of this resolution will pave the way for a contribution from the shipping sector that is both decisive and thorough. is to address maritime security issues IMOin the wake of the September 11 attacks on New York and Washington DC. At its 22nd meeting in London in November, the IMO Assembly adopted a resolution calling for a review of the existing international legal and technical measures to prevent and suppress terrorist acts against ships and improve security both aboard and ashore. The aim is to reduce any associated risk to passengers, crews and port personnel on board ships and in port areas and to vessels and their cargoes. The Legal Committee of the IMO will review the IMO Convention for the Suppression of Unlawful Acts against the Safety of Navigation and the Protocol on Unlawful Acts against Safety of Fixed Platforms the IMO treaties dealing with this issue as a matter of priority. The MSC and Facilitation Committees will also become involved in this work. The resolution also recommends that consideration be given to the need to expand IMO s security measures, which at present cover only passenger ships and passenger ferries, to cover other potentially vulnerable types of ships. In his opening address to the Assembly, Mr O Neil identified gas carriers as among the ship types that might be particularly vulnerable. The outcome of the work recommended is to be reported via the IMO Council to the twenty-third session of the Assembly in a progress report submitted by the Secretary-General. In a paper to the IMO Council s 21st Extraordinary Session, convened ahead of the Assembly meeting, IMO Secretary-General William O Neil stated his determination to work with others so that shipping would not become a target of international terrorism. Addressing the IMO Assembly, Admiral James Loy, Commandant, US Coast Guard, drew attention to the unprecedented nature of the attacks. He said, What we saw on September 11th was new hijackers taking over commercial flights for the sole purpose of turning them into human guided weapons of mass destruction. We must translate that thought pattern and recognize the vulnerability of our maritime environment. He went on 11th September happened because we lost awareness of the signals and events very observable in the aviation domain. Given the vulnerability of our vessels, ports and waterways, we must concentrate on regaining awareness of our maritime domain. The USA is to fund an intersessional working group established to address the issue, expected to meet in the first quarter of The Coast Guard Cutter Tahoma guards the Hudson River as part of increased port security duties after Sept. 11 terrorist attack on the World Trade Centers in New York. Photo: US Coast Guard Digital Security was immediately stepped up throughout US ports in the wake of Sept. 11. Here a US Coast guard official checks passengers documentation before boarding a cruise ship in Florida 4 IMO NEWS No No IMO NEWS 5

4 Intelligence Intelligence Tampa incident prompts review of refugee and asylum issues The IMO Assembly has adopted a resolution calling for a thorough review of safety measures and procedures for the treatment of persons rescued at sea, in response to a growing number of recent incidents involving asylum seekers and refugees. The Organization s Maritime Safety Committee, Legal Committee, and Facilitation Committee, under the direction of the Council, are to review the international conventions dealing with this subject and any other IMO instruments under their scope for the purpose of identifying any existing gaps, inconsistencies, ambiguities, vagueness or other inadequacies that may exist. The resolution is the result of a personal initiative by Secretary-General William O Neil, who has said that a review of the current procedures should ensure that co-ordination and co-operation amongst all parties concerned are strengthened so that persons in distress at sea or in other emergency situations are promptly and effectively delivered to a place of safety, regardless of their nationality and status or the circumstances in which they are found. Mr O Neil stresses that survivors, including undocumented migrants, asylum seekers and refugees, as well as stowaways, should be treated, while on board, in accordance with relevant international agreements and longstanding humanitarian maritime traditions. The outcome of the work and any new measures recommended will be reported via the Council to the twenty-third session of the Assembly in a progress report submitted by the Secretary-General. In parallel with the Assembly resolution, Mr. O Neil has brought the issue of persons rescued at sea to the attention of a number of competent United Nations specialized agencies and programmes, pointing out the need for a co-ordinated approach to all attendant aspects at the United Nations interagency level. Further to proposing a review of the relevant legislation adopted by the United Nations agencies and programmes approached, the Secretary-General has also proposed the establishment of a co-ordinating mechanism (possibly in the form of an interagency co-ordinating panel, to be activated when the circumstances so dictate) to ensure that the response of the United Nations in any future emergency can be co-ordinated in an efficient and consistent manner. Speaking at the opening of the 22nd IMO Assembly in November, Mr O Neil said, Recent events involving survivors of distress incidents, asylum seekers, refugees and stowaways, some of which resulted in loss of life, have caused justified concern worldwide. IMO is not a social or political body, in the sense that issues of asylum and refugee status are clearly outside its remit. However, IMO does not operate in a political vacuum and cannot ignore the situation around it. less than 400 gross tonnage engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Antifouling Systems signed by the owner or authorized agent. The Declaration will have to be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice. Anti-fouling systems to be prohibited or controlled will be listed in an annex to the Convention, which will be updated as and when necessary. Annex I attached to the Convention states that, by an effective date of 1 January 2003, all ships shall not apply or re-apply organotin compounds which act as biocides in anti-fouling systems. By 1 January 2008 (effective date), ships either shall not bear such compounds on their hulls or external parts or surfaces, or shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant antifouling systems. The new convention will enter into force 12 months after 25 States representing 25% of the world s merchant shipping tonnage have ratified it. PORT STATE CONTROL RESIDENTIAL COURSE, LONDON, MARCH 2002 This widely recognised and practical intensive course is now in its 12th successive year. The course is designed especially for officials in national marine departments, port or terminal operators, ship managers and shipowners. The course covers in detail the major IMO conventions and codes along 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 and student 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-operation of the International Chamber of Commerce. Further details can be obtained from: Mr Ben Roberts, Course Co-ordinator ICC Centre for Maritime Co-operation Maritime House, 1 Linton Road, Barking, Essex IG11 8HG, United Kingdom Tel: Fax: ccs@icc-ccs.org.uk IMO Secretary-General William O Neil and Marine Environment Division director Koji Sekimizu flank Captain A. Ojeda Zernott of Chile, who presided over the diplomatic conference that adopted the anti-fouling convention TBT ban convention adopted Anew IMO convention will prohibit the use of harmful organotins in anti-fouling paints used on ships and establish a mechanism to prevent the potential future use of other harmful substances in antifouling systems. The International Convention on the Control of Harmful Anti-fouling Systems on Ships was adopted on 5 October 2001 at the end of a five-day Diplomatic Conference held at IMO Headquarters in London. Parties to the new Convention are required to prohibit and/or restrict the use of harmful anti-fouling systems on ships flying their flag, as well as ships not entitled to fly their flag but which operate under their authority and all ships that enter their ports, shipyards or offshore terminals. Ships of above 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will be required to undergo an initial survey before the ship is put into service or before the International Antifouling System Certificate is issued for the first time; and a survey when the anti-fouling systems are changed or replaced. Ships of 24 metres or more in length but 6 IMO NEWS No No IMO NEWS 7

5 Intelligence Intelligence International Memorial to Seafarers unveiled at IMO Headquarters International Maritime Prize goes to Finland IMO Secretary-General William O Neil switches on the floodlights as the International Memorial to Seafarers is formally unveiled The International Memorial to Seafarers was unveiled on World Maritime Day, 27 September 2001, in a spectacular ceremony at the London headquarters of the International Maritime Organization. The memorial, a sevenmetre high, ten-tonne bronze representation of the bow of a cargo ship with a lone seafarer on the deck, is the work of internationally renowned sculptor Michael Sandle. Its dramatic configuration and massive scale have transformed the front of the IMO building and created a major new London landmark on the Thames riverfront. Speaking at the unveiling ceremony, IMO Secretary-General William O Neil said, The ship has a timeless air and the figure rugged, reliable, and dependable embodies all the qualities that have been demanded of seafarers throughout history. In a special written message prepared for the ceremony, the Secretary-General of the United Nations, Kofi Annan, said, The majority of world commerce is transported by sea, making seafarers one of the pillars of the global economy. The men and women of the industry are a dedicated group, who work hard in difficult and sometimes dangerous conditions. Mr O Neil was accompanied by a distinguished array of speakers at the ceremony. The Deputy Prime Minister of the United Kingdom, Mr John Prescott, himself a former seafarer, was joined by Mr David Cockroft, General-Secretary of the International Transport Workers Federation, representing seafarers, Mr Chris Horrocks, Secretary- General of the International Chamber of Shipping and the International Shipping Federation, representing shipowners, and the Reverend Canon Bill Christianson, Secretary- General of the Mission to Seafarers. The genesis of the memorial can be traced to 1998, when IMO Secretary-General William O Neil proposed to the IMO Council that a trust fund be established dedicated to the training and education of seafarers. It was also proposed that the fund should finance the creation of a sculpture that would be a lasting memorial to seafarers throughout the world. Several internationally renowned artists were asked to put forward their interpretations of the brief and Michael Sandle s design was chosen by a steering committee from a short-list of three. A special supplement commemorating the building and unveiling of the sculpture is published with this issue of IMO News. The world s leading experts in policy, operations and training for maritime communications, navigation, search and rescue Capability Representation Implementation Trouble-shooting Guidance Training Advice worldwide experience at the highest levels planning to contract management increased operational cost effectiveness for top level decision making professional courses and training materials on equipment, systems and regulations Marineworks Ltd Tel/Fax: +44 (0) info@marineworksltd.com The prestigious International Maritime Prize for 2000 has been awarded to Mr. Heikki Juhani Valkonen, former Director of the Maritime Safety Department in the Finnish Maritime Administration. Mr. William A. O Neil, Secretary-General of the International Maritime Organization, presented the prize to Mr. Valkonen at a special ceremony at IMO s London headquarters during the Organization s 22nd Assembly session. The International Maritime Prize is awarded annually by IMO to the individual or organization judged to have made the most significant contribution to the work and objectives of IMO. The 86th session of the IMO Council in June took the decision to award the prize to Mr. Valkonen in recognition of his long service to the cause of maritime safety. Mr. Valkonen, a Master Mariner, has represented Finland at IMO since 1970, chairing the Sub- Committee on Standards of Training and Watchkeeping from 1990 to 1993 and the newly established Sub-Committee on Flag State Implementation from 1993 to The IMO Council is to increase in size to 40 Members from 32, following the acceptance by two-thirds of Member States of amendments to the IMO Convention. The 1993 amendments will enter into force on 7 November 2002, 12 months after Papua New Guinea deposited its acceptance of the amendments, bringing to 107 the number of acceptances (two-thirds of the 160 IMO Member States) which were required to bring the amendments into force. IMO Secretary-General Mr. William A. O Neil said that increasing the size of the Council was an important step in ensuring that its size was maintained at a level proportional to the membership of the Organization and that it included a good crosssection of Member States from the different geographical regions of the world. The expansion of the Council will ensure a broader representation for the body, which acts as From 1970 to 1983 he was Finland s representative at several meetings of the Sub-Committee on Life-Saving Appliances, the Sub-Committee on Radiocommunications and the Sub- Committee on Safety of Navigation. During 1972, Mr. Valkonen occasionally represented Finland in the Sub-Committee on Ship Design and Equipment and the Sub-Committee on Dangerous Goods. Since 1983 he has been the Finnish representative at the meetings of the Maritime Safety Committee and the Assembly of IMO. He represented Finland at meetings of the IMO Council in The International Maritime Prize consists of a sculpture in the form of a dolphin and includes a financial award. The winner of the annual prize is also invited to write a paper on a theme relating to the work of IMO. The paper is published in this issue of IMO News (see page 10). IMO Council to increase to 40 members at the end of 2002 IMO membership grows The Comoros islands, St Kitts and Nevis and the Republic of Moldova have become Members of the International Maritime Organization (IMO), following their deposit of instruments of IMO s governing body between sessions of the Assembly and has a crucial role to play in deciding on such matters as the selection of the Secretary- General and the IMO work programme and budget. This is particularly important to the developing countries and to large flag States, said Mr. O Neil. Under the 1993 Amendments, Council Members will be elected by the IMO Assembly in three different categories, as follows: (a) 10 shall be States with the largest interest in providing international shipping services; (b) 10 shall be other States with the largest interest in international seaborne trade; and (c) 20 shall be States not elected under (a) or (b) above which have special interests in maritime transport or navigation and whose election to the Council will ensure the representation of all major geographic areas of the world. acceptance of the Convention on the International Maritime Organization, as amended, with the Secretary-General of the United Nations. The number of IMO Member States now stands at 161. From left, His Excellency Mr Pertti Salolainen, Ambassador of Finland to the United Kingdom, Heikki Juhani Valkonen, former director of the Maritime Safety Department in the Finnish Maritime Administration and winner of the International Maritime Prize, and IMO Secretary-General Mr William O Neil 8 IMO NEWS No No IMO NEWS 9

6 Features International Maritime Prize essay International Maritime Prize essay Features The culture of safety at sea By Heikki Valkonen Maritime Safety Director Finnish Maritime Administration Safety must become and integral part of corporate business (Pic; Concordia) To create a maritime safety culture it is necessary to address the individual which may be the most difficult component to change (Pic; P&O Nedlloyd) For centuries, the forces of nature which are so closely linked with the maritime environment were considered so vast, and the abilities of humans to struggle against them were deemed so small, that any reference to them rendered efforts to assure safety redundant. The shipping industry and, to some extent, mariners themselves responded to all presentations on the subject of maritime safety with a haughty smirk, even to the extent that seafarers did not even want to learn to swim. In fact, it may be said that maritime safety for individual ships was encapsulated in the phrase: the master on his ship and God in Heaven are the greatest lords in the world and in precisely this order. This is well expressed in the following excerpt from a letter by the Finnish shipmaster F. W. Torkki to the shipowner, the merchant Granlund: As before, it is quite common here that sailors jump ship and therefore I am afraid that some of my men will also do so. The worst problem is that the ship is leaking so much that I dare not set sail without a full crew. The letter was dated 8 January 1896 in Brunswick. The history of merchant shipping has taught us that safety at sea is a collective responsibility. And maritime safety is far too complex and important a matter to be left entirely in the hands of the Master, the maritime authorities, shipowners or any other party within the maritime community. The slogan maritime safety requires a contribution from us all has almost become a cliché, but this does not diminish the essential truth of it. Maritime safety is the joint concern of crews, shipowners, trade unions, maritime authorities, classification societies, charterers, etc. In this context, the International Maritime Organization (IMO) plays an essential part not only as a provider of norms but as a common forum for discussion. To create a maritime safety culture one needs to address the individual, the one component that is most difficult to change since it requires a change in 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 already been made. At its 20th session in November 1997, IMO s Assembly adopted resolution A.850(20) on The Human Element: Vision, Principles and Goals and, at the 21st Assembly in November 1999, IMO passed a resolution whereby the prime emphasis in the Organization s work was shifted away from developing technical standards and towards the human factor. Resolution A.900(21) Objectives of the Organization in the 2000s pays particularly close attention to the importance of fostering a culture of maritime safety. This was deemed to be the Organization s prime mission in the early years of the new millennium. Maritime safety culture is a new term, and its exact definition is still evolving. I turned to a dictionary for a definition of the word culture and, to my delight, found a definition which was very much in line with my understanding of the word. The definition reads as follows: The way of life of the people or a community in a specific region during a specific period of time. It is therefore characteristic of a culture that it is created within a community, that it has a certain continuity and that it is susceptible to change caused by the passing of time and alterations in the environment, not to mention technical developments. This being so, safety culture at sea may be defined as follows. Maritime safety culture is the way in which the maritime community acts in various seafaring situations, by common consent and with the strong approval of the community, for the purpose of avoiding risks to human life, ships and cargo and for the protection of the marine environment. These procedures are reflected in compliance with rules and regulations, in risk awareness and in the maintenance of a sound balance between safety and commerce. Differences in the commitment to culture and therefore also to maritime safety culture make it difficult although not impossible to create a unified, worldwide maritime safety culture. It is significant that IMO was aware of the importance of cultures when the International Safety Management (ISM) code was being drafted. The cornerstone of the code is the varying corporate cultures of different companies, and it requires this corporate culture to be accounted for when a safety management system is written for the company. Certain facts have to be recognized and adopted as guidelines in the creation of an international maritime safety culture. About 80 per cent of accidents are caused by human error or neglect. It follows that most accidents can be prevented if safety is given priority when working methods are developed and if the development of these working methods is an ongoing process to which the entire community is committed. Safety thus becomes an integral and important part of corporate business, one which demands constant care by the corporate management. Only when the safety management system is harmonious and based on the cultural heritage of its setting can it become a living, working system. The building blocks of the global maritime safety culture are, in addition to the ISM code: a unified training system and its resultant comparable levels of skill for all seafarers; a uniform set of global safety standards; commitment on the part of flag States to uphold the uniform set of standards, and port State control carried out by the port States. A uniform training system has now been created and the near future will tell us if it meets expectations. I am convinced that the maritime training institutes involved in the new system will do all they can to ensure that their students adopt the idea of a safety culture. It is crucially important for senior crewmembers and particularly officers to continue to hammer home these attitudes in the work environment. It would be all too easy to wreck a budding safety culture by pointing to commercial time pressure and established styles. Efficiency on the job must not, however, be sought at the expense of safety. Unified, international safety standards are something for which IMO can feel satisfaction. IMO has produced a comprehensive set of standards, both technical and operational, which in all vital respects meets the demands of the present day. Wherever a need has been found to amend standards, energetic action has been taken to do so. Examples of this are the new chapter V of SOLAS, which deals with safe navigation, and the revision of the High-Speed Craft Code. Obligatory standards on international shipping should, for the most part, be drawn up exclusively by IMO. Only in cases in which matters cannot be dealt with through IMO, or if IMO treatment would take an unreasonably long time, is regional or national action justified. There is a large gap in the fundamentals of safety culture in terms of how the flag States view the obligations that they have assumed by ratifying multilateral agreements. Some flag States do not even have a maritime administration of their own; instead they have authorised classification societies to act on their behalf. Such arrangements are feasible, and are allowed for under international treaties, but in my opinion recent developments have made it quite clear that, unless the classification societies are subject to continuous monitoring by the flag States, this arrangement does not work satisfactorily. Considering how difficult it is to change the attitudes and behaviour of individuals, it is quite clear that it is even more difficult to change the behaviour of States, which jealously guard their sovereignty. A good indication of the seriousness of the situation is that in 1991 the IMO set up a subcommittee to investigate what could be done to Port state control has proven very effective in helping quality operations to prevail (Pic; Bergesen) 10 IMO NEWS No No IMO NEWS 11

7 Features International Maritime Prize essay International Maritime Prize essay Features Operational safety requires automation on the bridge (above) and in the engine room (right) to be reliable and that the user is familiar with its behaviour (Pics; Nedlloyd, Concordia) remedy the situation. The sub-committee was given the name Flag State Implementation or FSI. I served as chairman of the sub-committee for its first five years and, from this ringside seat, I was able to witness how difficult it is for States to recognize the defects in their own maritime safety monitoring systems. In addition to this, correcting these defects would require substantial financial input, and for this either the financial resources or the political will is lacking. This sub-committee should be raised in status to that of a full committee as soon as possible and IMO should indubitably act in concert with the Member States to apply adequate resources to its work if results are desired within a reasonable timeframe. A good example of what can be achieved within a short period, if enough resources are devoted to a job, was the revision and updating of the STCW Convention. The threat constituted by substandard ships to the vital interests of coastal states became so great in the 1970s that States of Western Europe in 1982 created the first regional port State control agreement the Paris Memorandum of Understanding to fill the gap created by the inaction of flag States. In my opinion, the current control carried out by the port States, which is based on the Paris Memorandum of Understanding, has proved very effective in Europe and has contributed significantly to the enhancement of maritime safety at least in European waters. Similar regional systems have been set up with IMO support in South America, the Caribbean region, Asia and Africa, but they are still in the early stages of their development and it will be several years before their activities can be expected to yield the same kind of results as the European system. Recent amendments to the European Union s internal Port State Control, largely instituted by the EU Commission, will markedly increase the number of inspections carried out. There is some risk that flag State obligations will in actual fact be transferred to port States. I would find such a development regrettable. Flag States have sufficient information and a moral obligation to ensure that vessels meet both the technical and operational requirements of the international treaties ratified by them. This flag State responsibility can certainly be reinforced by efficient port State control without any transfer of duties to port States through regional control arrangements. What part should the maritime administrations play in creating a maritime safety culture? The supervisory authorities must have a broad understanding of all functions involved in the maritime sector and the capability to influence the functions that have an essential bearing on maritime safety. It is the responsibility of maritime administrations to ensure that vessels and shipping companies shore-based organisations comply with the provisions of international conventions and national rules and regulations and that surveys and inspections are conducted in good time and thoroughly. This obligation and responsibility is not dependent on whether the administration carries out these duties itself or whether it delegates them partly or wholly to a classification society. To aid Governments to meet their responsibilities, IMO s Assembly in 1993 adopted resolution A.739(18) on Guidelines for the authorization of organizations acting on behalf of Administrations, which includes minimum standards for recognized organizations. In order to fulfil its obligations, the administration must have a quality-assurance system governing its own activities. Moreover, it has to supervise the activities of the classification societies that have been authorised to act on its behalf. The best way of doing this is to audit these societies. Members of the International Association of Classification Societies are audited by an audit group established by the Association. IMO has a representative in the group. In the future, classification societies operating within the EU will probably be audited by the Commission. But in my opinion this is not enough. Each administration should audit all classification society offices that are located within its jurisdiction. Moreover, the administrations should check the standard of the inspections conducted by the classification societies by carrying out random inspections of ships which have only just been inspected by the classification society. If deficiencies are detected, the classification society should be required to report on the steps it intends to take to prevent such errors from occurring. Thanks to the actions of IMO, maritime safety has constantly improved and protection of the marine environment has been enhanced. This being the case, why is the development of a maritime safety culture considered the prime mission of the new millennium? Firstly because even a single marine accident is one too many. Secondly, because it can be used to help prevent or at least to prepare to prevent risks arising from changes in the industry s business climate. These include accidents caused by fatigue and increased levels of automation, as well as the risks stemming from increases in the size of vessels (particularly passenger ships) and new, high-speed vessels. In recent years, the fatigue phenomenon has been a permanent item on the agenda of the Maritime Safety Committee (MSC). The phenomenon is complex and intractable. One way to avoid accidents due to fatigue is to adhere to the minimum rest periods set out in the STCW Convention when watch systems are produced (STCW Code A VIII(1)). If these cannot be put into practice, either due to insufficient crewing or to job arrangements, the issue should be dealt with in the first instance by the shipmaster and, unless matters can be brought to a satisfactory conclusion in this way, it must be dealt with by the authorities. However, it is a prerequisite for proper arrangements that the situation is perceived as a problem, not accepted as inevitable, as I have sometimes regrettably been obliged to note. One positive measure to assist in the development of a marine safety culture by addressing the issue of fatigue has been the development by IMO of practical guidance to assist interested parties to better understand and manage the issue of fatigue. (MSC/Circ.1014 Guidance on fatigue mitigation and management). Operational safety is and will always be the main factor in ship safety. This factor requires automation on the bridge and in the engine-room to be reliable and it demands that the user is familiar with its behaviour. If users have doubts about the operation of automatic equipment or about its reliability, they will not be willing to use it, particularly in severe conditions; in this way, equipment intended as an aid constitutes a new risk factor. That is why training in new technology is so important. The largest passenger vessels currently carry about 5,000 people. However, there is talk of building ships carrying 10,000 people. It is uncertain to what extent safety and evacuation systems originally planned for much smaller vessels would work on these giant vessels, and it is to be hoped that the systems never need to be assessed in practice. Despite this, the best possible advance preparations must be made for them. For this reason, the task of the MSC working group considering issues relating to the safety of large passenger ships is of key importance in their work to identify the extent to which current regulations should be reviewed. Similarly, we have very little experience of highspeed craft, and by no means all the feedback on them is positive. The revision of the High-Speed Craft Code aims to cover this ground, but, as I have stated, there is very little experience to go on. Joint inspections by flag States and port States, begun at the instigation of the European Union, represent one new way for the authorities to respond to some of the questions relating to high-speed craft operation which are currently unresolved. These joint inspections are also reviewing general shipping issues as they relate to high-speed craft, including wave effects. All these future risk factors and many others not referred to here can best be prepared for by collaboratively developing a maritime safety culture. Within IMO, Formal Safety Assessment as a risk assessment and analysis tool to aid the development of sound international regulations will surely begin to make its contribution to this culture in the near future. 12 IMO NEWS No No IMO NEWS 13

8 From the meetings Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety (SLF) 44th session: September 2001 Revised fishing vessel safety Code agreed in principle Fishing vessels are to be subject to a revised safety code and new voluntary guidelines (Pic; Olav Moen) Arevised fishing vessel safety code and Voluntary Guidelines have been agreed in principle by the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety (SLF). The draft text will now be referred to other technical Sub-Committees in 2002/2003 for review and finalization and the final draft text should be ready for submission to the Maritime Safety Committee (MSC), for approval in The revised Code and Guidelines will contain 11 comprehensive chapters, covering: general provisions; construction, watertight integrity and equipment; stability and associated seaworthiness; machinery and electrical installations and periodically unattended machinery spaces; fire protection, fire detection, fire extinction and fire fighting; protection of the crew; life-saving appliances and arrangements; emergency procedures, musters and drills; radiocommunications; shipborne navigational equipment; and crew accommodation. Annexes will cover: illustration of terms used in the definitions; recommended practice for anchor and mooring equipment; memorandum to administrations on an approximate determination of ship s stability by means of the rolling period tests (for ships up to 70 m in length); recommended practice on portable fishhold divisions; recommended practice for ammonia refrigeration systems in manned spaces; recommended contents of fishing vessels medicine chest; recommendation for testing life-jackets; recommendations on performance standards for certain shipborne electronic aids to navigation including radar, radio direction finders (RDF), echosounders, gyro-compasses; and recommended standards for pilot ladders. The revised Code and, to the extent possible, the Guidelines will reflect the regulations contained in the 1993 Protocol to the 1977 Torremolinos International Convention for the Safety of Fishing Vessels. The Protocol, which modified and replaced the Torremolinos Convention, has yet to receive sufficient ratification to enter into force. Although recommendatory in nature, the revised Code and Voluntary Guidelines are designed to assist national administrations and others involved in framing national and regional laws and regulations on fishing vessel safety and thereby contribute to improved safety on these vessels. High-speed craft model tests draft interim guidelines agreed The Sub-Committee agreed a draft MSC circular on Interim Guidelines for the conduct of high-speed craft model tests. The new 2000 High-Speed Craft Code (HSC Code), which is expected to enter into force on 1 July 2002 and will apply to craft built after that date, includes, amongst other amendments, a requirement for the positioning of an inner bow door on ro-ro HSC fitted with bow-loading openings. However, exemptions from this requirement are considered to be appropriate in a number of circumstances. One of the exemptions incorporated in the text of the 2000 HSC Code may be invoked if a craft can be shown to comply with certain residual stability criteria even if water accumulates on the vehicle deck(s) as a result of failure of the bow shell door. Model testing is one option for determining the quantity of water that accumulates. The proposed interim guidelines for the conduct of HSC model testing are intended to ensure that such model tests would be sufficient and adequate so that the exemption would be applied safely and consistently, and so that the safety of the craft would not be endangered. The draft interim guidelines and circular will be put forward to the MSC at its 75th session in May 2002 for approval, with a view to reviewing them in a few years time in the light of experience gathered from their application. Draft amendments to HSC Code agreed The Sub-committee agreed draft amendments to the 2000 HSC Code relating to paragraphs and of chapter 2 on buoyancy, stability and subdivision. The draft amendments relate to the integrity of boundaries, openings and penetrations of buoyant spaces which may be subjected to increased fluid pressure after damage. The amendments were developed based on the lessons learned from the accident with the high speed craft Sleipner in November 1999, off the coast of Norway. Revision of SOLAS chapter II-1 The Sub-Committee continued work on the revision of parts A, B and B-1 of SOLAS chapter II-1 (Construction Structure, subdivision and stability, machinery and electrical installations). The aim is to finalize the work in 2003 so that a new, revised, chapter can be adopted in 2004 for entry into force in The revision is intended to harmonize the subdivision and damage stability provisions contained in part A (General provisions), those for passenger ships (part B) and cargo ships (part B- 1), to be based on the probabilistic method. The Sub-Committee agreed to continue the work intersessionally by re-establishing the Correspondence Group on Subdivision and Damage Stability. The work will include close liaison with the co-ordinator of the HARDER research project, being undertaken by a consortium of European industrial, research and academic institutions to study the probabilistic approach for assessing a ship s damage stability. The HARDER project is developing damage stability principles that can be used to assess rationally the safety of both existing and future ship designs. Draft SOLAS regulation on tests of watertight doors agreed The Sub-Committee agreed draft amendments to SOLAS regulation II-1/18.2 relating to initial tests of watertight doors in passenger and cargo ships, to allow for prototype testing as an acceptable alternative to actual watertight door testing. The proposed draft text will be submitted to the MSC for approval for future adoption. Large passenger ship safety The Sub-Committee discussed issues relating to large passenger ship safety, referred to the Sub- Committee by the MSC as part of its work on large passenger ship safety. The Sub-Committee agreed to refer a number of issues to the Correspondence Group on Subdivision and Damage Stability, noting the guiding philosophy that the regulatory framework should place more emphasis on the prevention of a casualty from occurring in the first place; and that future large passenger ships should be designed for improved survivability so that, in the event of a casualty, persons can stay safely on board as the ship proceeds to port. Load Lines revision The Sub-Committee continued its ongoing work in developing amendments to the 1988 Protocol to the 1966 Load Lines Convention. The Protocol entered into force in February The Sub-Committee re-established a correspondence group to further work on the draft text, in order to finalize the revision, including, among other issues: finalizing the collection of input data for hatch cover loading, strength and safety factors for all types of ships; finalizing work on minimum bow height formulae; continuing research and analysis of minimum freeboard; and considering matters related to watertightness of chain lockers in order to prevent progressive flooding; conducting investigation regarding the distribution of reserve buoyancy. High-speed craft and Load Lines - draft MSC circular agreed The Sub-Committee agreed a draft MSC circular, for submission to the MSC for approval, on the Application of the International Convention on Load Lines, 1966, and the 1988 Protocol relating thereto, to high-speed craft. The draft circular recommends that in the case of high-speed craft fully compliant with the International Code of Safety for High- Speed Craft, 1994 (1994 HSC Code), Governments can accept the necessary relaxations from the requirements for conditions of assignment of freeboard or any other requirement of ICLL 1966, or of that Convention as modified by its Protocol of In the case of high-speed craft fully compliant with the 2000 HSC Code Governments can accept the provisions of that Code as incorporating an equivalent standard of protection to ICLL 1966, or that Convention as modified by its Protocol of As the case may be, an appropriate International Load Lines Certificate should be issued to the craft. Amendments to the HSC Code have been developed based on the lessons learnt from the Sleipner accident in 1999 (Pic; Olav Moen) 14 IMO NEWS No No IMO NEWS 15

9 From the meetings Legal Committee 83rd session: 8-12 October 2001 Legal Committee makes SUA review priority work item The IMO Legal Committee is to review the SUA treaties following the September 11 attacks. Already security throughout shipping is being stepped up: here a Port Security Petty Officer of the US Coast Guard inspects his M60 machine gun before returning to patrol on the Hudson River just days after the atrocities took place s Legal Committee is to review the IMO Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 (the SUA treaties) in the wake of the tragic events of 11 September in the United States of America. The Legal Committee, which met for its 83rd session from 8 to 12 October 2001, agreed to include the review of the SUA treaties as a priority item in its work programme for the next biennium ( ). The main purpose of the SUA convention is to ensure that appropriate judicial action is taken against persons committing unlawful acts against ships, which include the seizure of ships by force, acts of violence against persons on board ships, and the placing of devices on board a ship which are likely to destroy or damage it. The convention obliges Contracting Governments either to extradite or prosecute alleged offenders. The Protocol provides similar regulations relating to fixed platforms located on the Continental Shelf. The SUA convention has been ratified by 56 States, as at 1 October 2001, and the 1988 SUA Protocol by 51. New guidelines on abandonment, personal injury and death of seafarers approved The Committee approved draft resolutions and guidelines on abandonment, personal injury and death of seafarers. The guidelines urge States to require shipowners to provide adequate financial security to cover claims from seafarers in cases of abandonment, personal injury and death. The guidelines and resolutions were developed by a Joint IMO/International Labour Organization (ILO) Ad Hoc Expert Working Group on Liability and Compensation regarding Claims for Death, Personal Injury and Abandonment of Seafarers which held its 3rd meeting from 30 April 4 May Following approval by the Legal Committee, the draft resolutions and guidelines will be submitted to the 22nd IMO Assembly in November for adoption. They will also be presented to the ILO Governing Body in November 2001 for adoption by that body. Once adopted, they will come into force on 1 January Financial security in cases of abandonment of seafarers The resolution on provision of financial security in case of abandonment of seafarers states that abandonment of seafarers is a serious problem involving a human and social dimension and recognises that, given the global nature of the shipping industry, seafarers need special protection. The resolution includes associated Guidelines which set out the main features and scope of coverage of the financial security system and also contain recommendations for certification of such systems. Personal injury to or death of seafarers The resolution on claims for personal injury to or death of seafarers notes a need to recommend minimum international standards for the responsibilities of shipowners in respect of contractual claims in such cases. It expresses the concern that, if shipowners do not have effective insurance cover, or other form of financial security, seafarers are unlikely to obtain full and prompt compensation. It states that putting in place effective arrangements for the payment of compensation is part of the shipowners responsibilities to provide safe and decent working conditions. The Committee agreed that the Joint IMO/ILO Working group should continue to meet to discuss possible longer term solutions to the problems of abandonment, personal injury and death of seafarers, including assessing the need for a mandatory instrument. If the resolutions are adopted, the Working Group will also have as one of its terms of reference the need to keep the Guidelines under review. Athens Convention revision The Legal Committee completed its consideration of a draft protocol to revise the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, and repeated its request to the IMO Council and Assembly for the convening of a diplomatic conference during the biennium to consider and adopt the revised regulations. The Athens Convention of 1974 makes a carrier liable for injury to or loss suffered by a passenger if an incident causing damage occurs during the course of the carriage and is due to fault or neglect of the carrier. Liability can be limited so long as the carrier did not act recklessly or with intent to cause damage. The draft Protocol introduces, among other things, the requirement of compulsory insurance for passenger claims, and proposes changes to the faultbased liability system, introducing the concepts of strict liability and reverse burden of proof in certain circumstances, and making the distinction between shipping-related and non-shipping incidents. Legal issues relating to the problem of providing disabled ships and ships in distress with places of refuge The Committee considered the legal issues surrounding ships in distress and places of refuge and agreed to include the question of places of refuge in its work programme for the next biennium. In preparation for this work, the Committee gave the IMO Secretariat a mandate to make a study of the relevant legal issues. The Committee noted that the study should not only address public law questions but also issues within the domain of private law, such as salvage, liability and insurance. The offer of the Comité Maritime Internationale (CMI) to collaborate with the secretariat on the project was gratefully accepted. The issue had been raised following the Erika incident of December 1999 but the urgency to deal with the matter was heightened following the incident involving the fully-laden tanker Castor early in Carriage of the matter within IMO is the responsibility of the Sub-Committee on Safety of Navigation which is working on developing appropriate IMO guidelines on the matter. HNS Convention draft Assembly resolution on implementation approved The Committee approved a draft Assembly resolution on implementation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by Sea, The Convention, when it enters into force, will make it possible for compensation to be paid to victims of accidents involving hazardous and noxious substances, such as chemicals. The draft resolution, to be submitted to the Assembly in November, notes that eight States are signatories to the HNS Convention and that only two States have become party to the Convention. It therefore urges all States to place a high priority on working towards the implementation of the HNS Convention, and in resolving any practical difficulties in setting up the new regime, with the aim of ratification of, or accession to, the Convention. Draft convention on wreck removal work continues The Committee continued its work on the consideration of a new draft Convention on wreck removal. The wreck removal convention is intended to provide international rules on the rights and obligations of States and shipowners in dealing with wrecks and drifting or sunken cargo which may pose a hazard to navigation and/or pose a threat to the marine environment. The draft Convention is intended to clarify rights and obligations regarding the identification, reporting, locating and removal of hazardous wrecks, in particular those found beyond territorial waters. The Committee agreed that the goal was to have the draft convention ready for adoption by a conference during the biennium. Areas of concern which still need to be addressed by the Committee include: consistency with UNCLOS; definition of wreck ; the nature of the danger posed by a wreck; financial security; and financial responsibility. The Committee drafted a resolution urging states to ratify the HNS Convention which seeks to establish a compensation regime for hazardous and noxious substances 16 IMO NEWS No No IMO NEWS 17

10 From the meetings IMO Assembly 22nd session: October 2001 Assembly confirms security conference in December 2002 Election of new council The Members of the Council elected by the 22nd IMO Assembly are as follows: Category (a) States with the largest interest in providing international shipping services; China, Greece, Italy, Japan, Norway, Russian Federation, United Kingdom, United States, Panama*, Republic of Korea.* Category (b) Other States with the largest interest in international seaborne trade; Argentina, Brazil, Canada, France, Germany, India, Netherlands, Sweden, Bangladesh*, Spain.* Category (c) Sixteen States not elected under (a) or (b) above which have special interests in maritime transport or navigation, and whose election to the Council will ensure the representation of all major geographic areas of the world; 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 the Assembly the Council met for its 87th session and elected the following: Chairman, Mr Chen Tze Penn, Singapore; Vice Chairman, Mr Jorgen Franson, Sweden. * Will take their place in these categories after the Council is enlarged in November Will move to a different category after the Council is enlarged in November In the wake of the September 11th terrorist attacks on the USA and the subsequent global reaction, the issue of maritime security was to the fore at the 22nd Assembly of the International Maritime Organization (IMO), which met at the Organization s London headquarters from November The Assembly agreed to hold a Conference on Maritime Security in December 2002, to adopt new regulations to enhance ship and port security and avert shipping from becoming a target of international terrorism. This decision followed the adoption of a resolution put forward by Secretary- General William O Neil on Review of measures and procedures to prevent acts of terrorism which threaten the security of passengers and crews and the safety of ships. The Assembly also agreed to a significant boost to the Organization s technical cooperation programme of UK 1.5 million, to help developing countries address maritime security issues. The resolution calls for a review of the existing international legal and technical measures to prevent and suppress terrorist acts against ships at sea and in port and improve security aboard and ashore. The aim is to reduce risks to passengers, crews and port personnel on board ships and in port areas and to the vessels and their cargoes. Addressing the Assembly, IMO Secretary- General O Neil said that he was anxious to ensure that, through prompt action by IMO under the direction of the Council and taking into account the work of other international organizations, including industry organizations, necessary technical and legal measures to prevent and suppress acts of terrorism directed against shipping are put in place without delay. Mr. O Neil said he shared the view of the United Nations Secretary-General Mr. Kofi Annan, who, speaking in the aftermath of the attacks in the United States, had said that there can be no acceptance of those who would seek to justify the deliberate taking of innocent civilian life, regardless of cause or grievance. If there is one universal principle that all peoples can agree on, surely it is this. The Conference on Maritime Security is scheduled to meet alongside the scheduled session of the Maritime Safety Committee (MSC) in the Autumn of 2002, and is to consider any new or amended regulations proposed by the MSC. These would involve the International Convention for the Safety of Life at Sea (SOLAS) chapter XI on Special Measures to Enhance Maritime Safety the title of which might need to be amended to include maritime security. Other amendments might be proposed in relation to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). An intersessional Working Group will meet prior to the conference from 11 to 15 February, well in advance of the next session of the MSC in May 2002, and will start work on the review called for in the Assembly resolution. It will prepare a list of subjects to be further discussed. These will be forwarded to the MSC and, it is expected, to the Legal and Facilitation Committees; consider proposals and information on maritime security issues submitted by Member Governments and international organizations; and prepare a work plan and timeframe. The intersessional Working Group meeting, which will be funded by the United States, will submit a report to the MSC which itself will convene a special Working Group at its May meeting to progress the work further. During the Assembly, the delegation of the United States identified a number of specific areas that it felt should be considered, including a review of the issues related to the installation of automatic identification systems on ships; consideration of the need for security plans on ships, port facilities and off-shore terminals; reviewing the need for identification, verification and background security checks for seafarers; and ensuring a secure chain of custody for containers from their port of origin to their destination. Refugees and asylum seekers During its 22nd session, the Assembly also adopted another resolution submitted by the Secretary- General addressing the plight of refugees and asylum seekers who become rescued from by merchant vessels. The resolution recommends a comprehensive review of safety measures and procedures for the treatment of rescued persons. It follows a number of recent incidents involving asylum seekers, refugees and stowaways, which the Assembly noted had brought to the fore issues relating to the thoroughness of IMO legislation and the degree of preparedness of the maritime and coastal community to deal with such people satisfactorily. Addressing the Assembly, Mr. O Neil said: Unless the matter is considered in all its respects and action is taken at the appropriate level, such incidents may have a negative impact on the integrity of the search and rescue system which the Organization has put in place globally to assist those found in distress at sea. Mr. O Neil recommended that early and prompt action should be taken to enhance the preparedness of the maritime and shore-based communities to respond to emergencies caused by such incidents in a co-ordinated manner. Mr. O Neil noted that a review of the current procedures should ensure that co-ordination and cooperation among all parties concerned are strengthened so that rescued persons are promptly and effectively delivered to a place of safety, regardless of their nationality and status or the circumstances in which they are found. Survivors, including undocumented migrants, asylum seekers and refugees, as well as stowaways, should be treated, while on board, in accordance with relevant international agreements and long-standing humanitarian maritime traditions. The resolution on Review of safety measures and procedures for the treatment of persons rescued at sea recalls IMO measures and recommendations which are aimed at ensuring that the life of persons on board ships, including small craft, whether underway or at anchor, is safeguarded at any time pending their delivery to a place of safety. The resolution requests IMO to review all IMO instruments so that any existing gaps, inconsistencies, ambiguities, vagueness or other inadequacies can be identified and any action needed can be taken. The Assembly welcomed the news that Mr. O Neil had proposed that a review of the existing legislation concerning the delivery of persons rescued at sea to a place of safety, regardless of their nationality and status or the circumstances in which they are found, should be undertaken by an inter-agency group within the UN system, with a view to strengthening and harmonizing the competence of the agencies involved. The proposed review would identify any existing gaps, inconsistencies, duplications or overlaps in that legislation. Mr. O Neil has received positive responses to this proposal from the High Commissioner of UNHCR, the Executive Director of UN Drug Control and Crime prevention and the High Commissioner for Human Rights. The Assembly noted that Mr. O Neil had also proposed the establishment of a co-ordinating mechanism (possibly in the form of an inter-agency co-ordinating panel to be activated when the circumstances require it) to ensure that the response of the United Nations in any future emergency can be co-ordinated in a consistent manner. Environmental issues While matters of security and the related issues of how to deal with migrants and asylum seekers received a great deal of attention at the Assembly, the meeting also focussed on other important work in the many disciplines in which IMO operates. IMO s tireless struggle to implement measures that will improve the environment was reflected in several Assembly resolutions. Recognizing the importance of reducing the emission of greenhouse gasses into the atmosphere, resolution A.929(22) urged Governments to accept the 1997 Protocol to MARPOL 73/78, which introduced a new MARPOL Annex VI containing regulations for the prevention of air pollution from ships. Ratification of the protocol to date has been slow and the entry-intoforce criteria have not yet been met. The resolution also invites Governments to provide support to States which request technical assistance for the development of national legislation to give effect to the Protocol and for the introduction of other measures for its effective implementation. If the conditions for entry into force have not been met by 31 December 2002, the Marine Environment Protection Committee will review the situation to identify any impediments that may be preventing States from ratifying it. New guidelines designed to help Contracting Parties to MARPOL 73/78 to formulate and submit applications for the designation of Special Areas under Annexes I, II, and V to the Convention were adopted, together with new guidelines for the identification and designation of Particularly Sensitive Sea Areas (PSSAs). A PSSA is an area that needs special protection through action by IMO because of its significance for ecological, socio-economic, or scientific reasons and which IMO Secretary-General William O Neil addresses a packed chamber at the opening of the 22nd IMO Assembly. More than 800 delegates representing 139 Member States and two Associate Members, 9 intergovernmental organizations and 30 non-governmental organizations attended the bi-ennial meeting 18 IMO NEWS No No IMO NEWS 19

11 From the meetings The Hon. Mr Edward Singhatey, Secretary of State for Presidential Affairs, The Gambia, (above) was elected President of the Assembly. The Vice- Presidents were the Hon. Mr Jose Luis Lopez-Sors Gonzalez, Director-General, Merchant Marine, Spain, and the Hon. Mr Gap-Sook Lee, Deputy Minister for Maritime Safety Management, Republic of Korea. H.E. Ambassador Orlando Allard, Permanent Representative of Panama to IMO, and Mr J.J. Angelo, Director of Standards, United States Coast Guard, Department of Transportation, United States of America, were elected as Chairmen of the two Committees of the Assembly. may be vulnerable to damage by international shipping activities. The new guidelines are designed to ensure that 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 and provide for the assessment of such applications by IMO. There are currently two designated PSSAs: the Great Barrier Reef, Australia, and the Sabana-Camagüey Archipelago in Cuba). Underlining the invaluable work done by the MEPC leading to the adoption of an international convention to phase-out the use of harmful antifouling coatings on ships is an Assembly resolution calling for the early and effective implementation of the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001, which was adopted by a diplomatic conference earlier this year. A resolution adopted at the conference requests Member States to do their utmost to ensure the Convention enters force without delay. Under the terms of the Convention, the effective date for phasing-out the application of anti-fouling systems containing organotins is 1 January The Assembly resolution urges Governments to provide any information available regarding any anti-fouling systems they have approved, restricted or prohibited under domestic law as soon as possible and requests the IMO Secretary-General to make this information available. The importance of IMO s work in establishing a compensation regime for victims of pollution damage was endorsed with the adoption by the Assembly of a resolution aimed at encouraging ratification of International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by Sea, The resolution notes that only eight States are signatories to the HNS Convention and that only two States have become party to it. It therefore urges all States to place a high priority on working towards the implementation of the Convention and to resolve any practical difficulties in setting up the new regime that may be hindering their ratification or accession to the Convention. A Correspondence Group has been established by the Legal Committee for this purpose. The Assembly also adopted resolutions drafted by a joint IMO / ILO working group on shipowners responsibilities in respect of contractual claims for personal injury to or death of seafarers and the provision of financial security in cases of abandonment of seafarers. Abandonment of seafarers is a serious problem involving a human and social dimension and by adopting the resolution on abandonment the Assembly has recognised that, given the global nature of the shipping industry, seafarers need special protection. The resolution includes associated guidelines which set out the main features and scope of coverage of the financial security system and also contain recommendations for certification of such systems. The resolution on claims for personal injury to or death of seafarers notes a need to recommend minimum international standards for the responsibilities of shipowners in respect of contractual claims in such cases. It expresses the concern that, if shipowners do not have effective insurance cover, or other form of financial security, seafarers are unlikely to obtain full and prompt compensation. It states that putting effective arrangements in place for the payment of compensation is part of the shipowners responsibilities to provide safe and decent working conditions, and includes associated guidelines recommending measures to be implemented including certification and a model receipt and release form for claims. With the second and final tranche of ships due to come under the aegis of the International Safety Management (ISM) Code in July 2002, the Assembly adopted a set of revised guidelines on the implementation of the ISM Code by national shipping administrations. The ISM Code provides an international standard for the safe management and operation of ships. The guidelines establish basic principles for verifying that a shipping company s Safety Management System complies with the ISM Code, for the issue and annual verification of the Document of Compliance for individual ships and for the issue and intermediate verification of the Safety Management Certificate. Technical co-operation Many delegations to the Assembly cited technical co-operation as the key element in securing a general increase in the rate of implementation by developing countries of IMO conventions and standards. In recognition of the increasing importance that the transfer of technology plays in securing IMO s objectives, it was proposed that the scope of the Technical Co-operation Committee could be extended to encompass the wider significance of technical assistance in terms of an exchange of information and technical expertise. Several delegations therefore proposed that the number of meeting days allocated to the Technical Co-operation Committee be increased to a total of five days in a biennium, to provide more adequate time for in-depth consideration of the wider perspectives of technical co-operation, and for the completion of that Committee s increasingly substantive work programme. Large passenger ship safety The Assembly noted that the MSC, having endorsed a proposal by the Secretary-General, had worked on the subject of large passenger ship safety. It had approved a guiding philosophy, strategic goals, objectives and analytical approach surrounding its work on the matter; agreed to areas for consideration relating to existing and future large passenger ships; and approved the updated work plan for further work to be done by itself and sub-committees which were assigned specific tasks in this respect. Bulk carrier safety The Assembly also noted that, during the biennium, the MSC had continued work on bulk carrier safety, through a working group meeting during sessions of the MSC and also on the basis of contributions by sub-committees assigned specific tasks. It noted, in particular, that MSC 74 had taken action on the recommendations of the re-opened formal investigation into the loss of the bulk carrier Derbyshire and the FSA studies on bulk carrier safety reported by interested Member During the meeting, IMO Secretary- General William O Neil received a medal for distinguished services to the Directorate General for Maritime Affairs, Colombia 20 IMO NEWS No No IMO NEWS 21

12 From the meetings Resolutions adopted The Assembly adopted the following resolutions: A.902 (22) Appointment of the Secretary-General A.903 (22) Relations with Non- Governmental Organizations A.904 (22) Arrears of contributions working capital fund A.905 (22) Presentation of accounts and audit reports A.906 (22) Work programme and budget for the twenty-second financial period A.907 (22) Long term work plan of the Organization (up to 2008) A.908 (22) Agreement with the host state regarding the extension of privileges and immunities to permanent representatives and divisional directors A.909 (22) Policy making in IMO - setting the Organization s policies and objectives A.910 (22) Amendments to COLREGs A.911 (22) Uniform wording for referencing IMO instruments A.912 (22) Self-assessment of flag State performance to revoke resolution A.881(21) A.913 (22) Revised Guidelines on the implementation of the ISM Code by Administrations A.914 (22) Measures to further strengthen flag State implementation A.915 (22) Revised maritime policy and requirements for a future global navigation satellite system (GNSS) A.916 (22) Guidelines for the recording of events related to navigation A.917 (22) Guidelines for the onboard operational use of shipborne Automatic Identification Systems (AIS) A.918 (22) Standard Marine Communication Phrases A.919 (22) Acceptance and implementation of the International Convention on Maritime Search and Rescue, 1979, as amended A.920 (22) Review of safety measures and procedures for the treatment of persons rescued at sea A.921 (22) Assembly resolutions superseded by the 1995 amendments to the STCW convention A.922 (22) Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships A.923 (22) Measures to prevent the registration of phantom ships A.924 (22) Review of measures and procedures to prevent acts of terrorism which threaten the security of passengers and crews and the safety of ships A.925 (22) Entry into force and implementation of the 1993 Torremolinos Protocol and the 1995 STCW-F Convention A.926 (22) Availability and use of low sulphur bunker fuel oils in SOx emission control areas designated in accordance with regulation 14(3) of Annex VI of MARPOL 73/78 A.927 (22) Guidelines for the Designation of Special Areas under MARPOL73/78 and Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas A.928 (22) Early and effective application of the Convention on the Control of Harmful Antifouling Systems on Ships A.929 (22) Entry into force of Annex VI of MARPOL 73/78 A.930 (22) Guidelines on Provision of Financial Security in Cases of Abandonment of Seafarers. A.931 (22) Guidelines on Shipowners Responsibilities in respect of Contractual Claims for Personal Injury to or Death of Seafarers. A.932 (22) Implementation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by Sea, A.933 (22) Sustainable financial support for the World Maritime University A.934 (22) Sustained Support for the IMO International Maritime Academy, Trieste A.935 (22) Sustainable Financial Support for the IMO International Maritime Law Institute The Assembly gave many delgates their first opportunity to see the IMO headquarters building with its most significant adornment, the International memorial to Seafarers, in place There was an increased level of participation of WMU graduates in the work of the 22nd IMO Assembly Governments, and had agreed on further work to be carried out on bulk carrier safety. IMO Budget The Assembly agreed the work programme for the forthcoming biennium and budgetary appropriations of 39,531,100 for This compares with an appropriation of 36,612,200 for Conferences approved The Assembly approved the holding of the following Conferences to adopt new regulations (or amend existing regulations): October 2002 Diplomatic Conference to adopt a Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), December 2002 Conference on Maritime Security (see above) Diplomatic conference to adopt a protocol to the 1992 Fund Convention at no cost to IMO. The intention is to adopt a Protocol to the 1992 fund convention to provide a third tier of compensation for victims of oil pollution, to add to the existing two tiers provided for under the 1992 Protocol of the International Convention on Civil Liability for Oil Pollution Damage (CLC Convention) and to the 1992 Protocol of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (IOPC Fund). Late Ballast water management to adopt new mandatory regulations governing ballast water management to prevent the transfer of harmful aquatic organisms in ballast water. 22 IMO NEWS No No IMO NEWS 23

13 IMO at work Africa s small ships to get new safety standards Ad film to come The International Maritime Organization (IMO) has developed new safety regulations for vessels on inland waterways in a number of African countries, in one of several of projects aimed at so-called nonconvention vessels ships to which IMO rules do not usually apply. A set of model regulations was finalized at a workshop held from 15 to 19 October 2001 in Mwanza, Tanzania. The Africa project involves the development of a set of standardized model safety regulations which individual countries can then implement into national law. The countries to benefit from the project include Burundi, Democratic Republic of Congo, Ghana, Kenya, Malawi, Rwanda, Uganda, United Republic of Tanzania, Zambia and Zimbabwe. These countries have important lakes and/or inland waterways that are widely used for transportation of goods and passengers as well as for fishing activities. The model safety regulations will also be made available to any other African countries for adoption, if they so wish. Most vessels on inland waterways are not covered by important safety regulations, including SOLAS and the International Convention on Load Lines, 1966, because these conventions only apply to ships engaged in international voyages and do not cover vessels of less than 24 metres in length and/or less than 500 gross tonnage, and fishing vessels. Consequently, no relevant regulations are in force in many countries, and serious accidents, often involving loss of lives, are frequently reported on lakes and inland waterways. The trigger for consideration of new regulations for inland waterways vessels was the capsize of the ferry Bukoba on Lake Victoria in 1996 with the loss of over 600 lives. Following the incident, IMO organised a number of seminars and workshops on safety issues and in 1998 Kenya, Uganda and Tanzania agreed the Tripartite Agreement on Inland Waterway Transport in 1998, which lays down principles relating to safety regulation of inland waterways vessels. In addition, requests for technical assistance from the countries themselves have highlighted the importance of providing assistance for the development and upgrading of safety regulations for non-convention vessels. The inland waterways project used as a basis the regulations developed through the European Commission for inland waterways in European countries, as these regulations were seen as the most appropriate for other inland waterways and they could be adapted for the particular conditions in the African countries concerned. Participants in the Mwanza Workshop considered draft model safety regulations in some detail and agreed on amendments and additions to the text. The final text of the model regulations will be finalized by an IMO consultant and forwarded to the participating countries for adoption and implementation. It is estimated that, in most of the countries, adoption may take between 18 months and two years, however some countries were hopeful that they would be in a position to adopt the model regulations within six months. Lake traffic provides a vital transport artery for Tanzania, but most vessels such as this rail ferry (left) and ro-ro (right) are not currently covered by important IMO safety regulations Dangerous goods symposium highlights African concerns The 14th International Symposium on the Transport 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 Africa and reflected the increase in the volume of dangerous goods transported along the African coast. In his opening remarks to the meeting, the deputy chairman of the South African Maritime Safety Authority (SAMSA), Thalami Dlamini, expressed the hope that the meeting would open people s eyes to the importance of the safe transportation of dangerous goods. South African transport minister Dullah Omar later told delegates that no effort should be spared to make transport arteries safe, reliable and secure, and he called for a strengthening of rules and procedures to give practical force to international agreements and conventions on the carriage of dangerous goods. He said that the unchecked and unmanaged movement of dangerous cargoes by air, sea, road or rail could not be tolerated. IMO Assistant Secretary-General Efthimios Mitropoulos told delegates that 50% of cargoes transported by sea can be regarded as dangerous, hazardous or harmful to the environment according to IMO criteria, including between 10 and 15% of packaged cargo. He added that, in virtually every case where hazardous cargoes had been lost at sea through accidents, the disaster could have been avoided or its effects mitigated had the procedures of the International Maritime Dangerous Goods Code (IMDG) and other IMO codes been observed. But, he warned, as world transport becomes more complex, so the problem would grow. He confirmed that, in principle, the IMDG Code would become mandatory from January 1, Several resolutions were adopted by the symposium, including a call for IMO Member Governments to be encouraged to make national maritime training facilities available to personnel from other States and to assist with sponsored training, particularly for those in the Southern African region who are involved in the handling of dangerous goods. The resolution also calls for the IMO Secretary-General to seek ways and means of securing the necessary funds to assist Member States that request technical assistance in complying with the provisions of the IMDG Code. Coastal States were called on to establish bilateral or multilateral agreements to facilitate efficient and safe handling and carriage of dangerous goods at sea and to communicate these agreements to the IMO for global circulation. In addition, the symposium called on the IMO to continue working closely with the UN Sub-Committee of Experts on the Transport of Dangerous Goods as well as other modal transport regulatory bodies. No IMO NEWS 25

14 IMO at work Colombia gets GMDSS advice An IMO team has visited Colombia to advise on the GMDSS system installation, 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 invite bidders to offer the equipment, for purchase in Delegates at the first Black Sea ballast water management conference adopted a regional action plan Black Sea countries agree ballast water deal A Regional Action Plan (RAP) that will pave the way for measures to control the influx of harmful organisms in the ballast water ships of ships entering the Black Sea has been adopted at the 1st Black Sea Conference on Ballast Water Management and Control. Organized by the IMO GloBallast Programme and the Government of Ukraine, the conference, held in Odessa, Ukraine from 10 to 12 October 2001, was attended by all the Black Sea Coastal States (Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine) and observers from regional governmental and nongovernmental organizations. Its objectives were to enhance regional awareness and co-operation in the field of ballast water management and control and, in particular, to consider and endorse the draft RAP designed to minimize the transfer of harmful aquatic organisms and pathogens in ships ballast water. The opening of the Conference was followed by technical presentations by representatives of the GloBallast Programme and the regional scientific community, which provided comprehensive information on the programme-related activities, and a review of the research and development aspects of the ballast water management and control in the region. The Black Sea countries then presented comprehensive data and statistics on their maritime and environmental conditions as well as the policies and practical arrangements in place for the protection of the marine environment and national measures to control the introduction of unwanted species into new locations. The RAP, jointly developed by the Focal Points of the Black Sea countries, GloBallast Programme and the Odessa Demonstration Site, is designed to provide a framework for specific regional activities under the GloBallast Programme. It facilitates the preparatory process in the region for the introduction of new IMO regulations and practices on ballast water management and control, and enhances regional co-operation using the existing regional bodies, established under the Istanbul Commission and the GEF Black Sea Environmental Programme. ITCP fund gets Korea boost The Ambassador of the Republik of Korea, Dr. Ra Jng-Yiki, hands IMO Secretary William O Neil a cheque for US$50,000 towards the Integrated Technical Cooperation Programme (ITCP) Fund, with Mr. Hyung-Taek Jung, maritime advisor, in attendance World Maritime Day a global event It also lists the principal actions to be undertaken by the States and administrations concerned, defines arrangements for future cooperation and outlines possible funding sources for the implementation of the RAP. The Conference unanimously adopted a Resolution which approved the RAP; requested the Istanbul Commission to co-ordinate of activities under the RAP; called for countries to attach priorities to the implementation of the appropriate IMO instruments; and requested GEF, UNDP and IMO to extend the GloBallast activities in order to facilitate the introduction of the forthcoming international Ballast Water Management and Control regulations. As usual, World Maritime Day was celebrated throughout the world. This time the formal events took place on September 27th Here maritime dignitaries from Argentina take part in a special ceremony to mark the occasion 26 IMO NEWS No No IMO NEWS 27

15 Safety of Life at Sea The International Convention for the Safety of Life at Sea Consolidated Edition, 2001 in Book and CD-ROM For further details, please contact the IMO Publishing Service Tel +44 (0) Fax +44 (0) Website