IMO REPORT OF THE MARITIME SAFETY COMMITTEE ON ITS SEVENTY-FOURTH SESSION 1 INTRODUCTION 4 2 DECISIONS OF OTHER IMO BODIES 12

Transcription

1 INTERNATIONAL MARITIME ORGANIZATION E IMO MARITIME SAFETY COMMITTEE 74th session Agenda item 24 MSC 74/24 13 June 2001 Original: ENGLISH REPORT OF THE MARITIME SAFETY COMMITTEE ON ITS SEVENTY-FOURTH SESSION Section Page 1 INTRODUCTION 4 2 DECISIONS OF OTHER IMO BODIES 12 3 CONSIDERATION AND ADOPTION OF AMENDMENTS TO 23 MANDATORY INSTRUMENTS 4 LARGE PASSENGER SHIP SAFETY 28 5 BULK CARRIER SAFETY 32 6 IMPLEMENTATION OF THE REVISED STCW CONVENTION 40 7 TRAINING AND WATCHKEEPING (REPORT OF THE 46 THIRTY-SECOND SESSION OF THE SUB-COMMITTEE) 8 STABILITY, LOAD LINES AND FISHING VESSEL SAFETY 49 (REPORT OF THE FORTY-THIRD SESSION OF THE SUB- COMMITTEE) 9 RADIOCOMMUNICATIONS AND SEARCH AND RESCUE 50 (REPORT OF THE FIFTH SESSION OF THE SUB-COMMITTEE) 10 FIRE PROTECTION (REPORT OF THE FORTY-FIFTH SESSION 58 OF THE SUB-COMMITTEE) 11 BULK LIQUIDS AND GASES (REPORT OF THE SIXTH 60 SESSION OF THE SUB-COMMITTEE) 12 FLAG STATE IMPLEMENTATION (REPORT OF THE NINTH 62 SESSION OF THE SUB-COMMITTEE) I:\MSC\74\24.doc For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 MSC 74/ Section Page 13 SHIP DESIGN AND EQUIPMENT (URGENT MATTERS 66 EMANATING FROM THE FORTY-FOURTH SESSION OF THE SUB-COMMITTEE) 14 TECHNICAL ASSISTANCE SUBPROGRAMME IN MARITIME 68 SAFETY 15 ROLE OF THE HUMAN ELEMENT FORMAL SAFETY ASSESSMENT PIRACY AND ARMED ROBBERY AGAINST SHIPS IMPLEMENTATION OF INSTRUMENTS AND RELATED 88 MATTERS 19 RELATIONS WITH OTHER ORGANIZATIONS APPLICATION OF THE COMMITTEE'S GUIDELINES WORK PROGRAMME ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR ANY OTHER BUSINESS 105 LIST OF ANNEXES ANNEX 1 AGENDA OF THE SEVENTY-FOURTH SESSION AND LIST OF DOCUMENTS ANNEX 2 ANNEX 3 ANNEX 4 ANNEX 5 RESOLUTION MSC.117(74) - ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED RESOLUTION MSC.118(74) - ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CODE FOR THE SAFE CARRIAGE OF PACKAGED IRRADIATED NUCLEAR FUEL, PLUTONIUM AND HIGH-LEVEL RADIOACTIVE WASTES ON BOARD SHIPS (INF CODE) RESOLUTION MSC.119(74) - ADOPTION OF AMENDMENTS TO THE INTERNATIONAL CODE OF SAFETY FOR HIGH-SPEED CRAFT (1994 HSC CODE) PROPOSED MODIFICATIONS TO THE DRAFT MSC/MEPC CIRCULAR ON DESIGN SUGGESTIONS FOR BALLAST WATER AND SEDIMENT MANAGEMENT OPTIONS

3 - 3 - MSC 74/24 ANNEX 6 ANNEX 7 ANNEX 8 ANNEX 9 DRAFT AMENDMENTS TO SOLAS CHAPTER IV DRAFT AMENDMENTS TO THE 1988 SOLAS PROTOCOL RESOLUTION MSC.120(74) - ADOPTION OF AMENDMENTS TO THE PERFORMANCE STANDARDS FOR FLOAT-FREE SATELLITE EMERGENCY POSITION-INDICATING RADIO BEACONS (EPIRBs) OPERATING ON 406 MHz (RESOLUTION A.810(19)) DRAFT AMENDMENTS TO SOLAS CHAPTER V ANNEX 10 DRAFT ASSEMBLY RESOLUTION ACCEPTANCE AND IMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE, 1979, AS AMENDED ANNEX 11 DRAFT ASSEMBLY RESOLUTION SELF-ASSESSMENT OF FLAG STATE PERFORMANCE (TO REVOKE RESOLUTION A.881(21)) ANNEX 12 DRAFT ASSEMBLY RESOLUTION MEASURES TO FURTHER STRENGTHEN FLAG STATE IMPLEMENTATION ANNEX 13 ANNEX 14 ANNEX 15 ANNEX 16 ANNEX 17 ANNEX 18 ANNEX 19 ANNEX 20 ANNEX 21 DRAFT ASSEMBLY RESOLUTION REVISED GUIDELINES ON THE IMPLEMENTATION OF THE ISM CODE BY ADMINISTRATIONS DRAFT ASSEMBLY RESOLUTION MEASURES TO PREVENT THE REGISTRATION OF PHANTOM SHIPS RESOLUTION MSC.121(74) USE OF THE SPANISH LANGUAGE IN IMO INSTRUMENTS RELATING TO MARITIME SAFETY DRAFT AMENDMENTS TO SOLAS REGULATION II-1/12-2 DRAFT AMENDMENTS TO THE GUIDELINES ON THE ENHANCED PROGRAMME OF INSPECTIONS DURING SURVEYS OF BULK CARRIERS AND OIL TANKERS (RESOLUTION A.744(18)) DRAFT ASSEMBLY RESOLUTION CODE OF PRACTICE FOR THE INVESTIGATION OF THE CRIMES OF PIRACY AND ARMED ROBBERY AGAINST SHIPS WORK PROGRAMMES OF THE SUB-COMMITTEES PROVISIONAL AGENDAS FOR THE FORTHCOMING SESSIONS OF THE SUB-COMMITTEES LONG-TERM WORK PLAN OF THE COMMITTEE ANNEX 22 DRAFT ASSEMBLY RESOLUTION STANDARD MARINE COMMUNICATION PHRASES

4 MSC 74/ INTRODUCTION ADOPTION OF THE AGENDA General 1.1 The seventy-fourth session of the Maritime Safety Committee was held from 30 May to 8 June 2001 under the chairmanship of Mr. T. Allan (United Kingdom). 1.2 The session was attended by delegations from the following Member Governments: ALGERIA ANGOLA ANTIGUA AND BARBUDA ARGENTINA AUSTRALIA AZERBAIJAN BAHAMAS BAHRAIN BANGLADESH BARBADOS BELGIUM BELIZE BRAZIL BULGARIA CANADA CHILE CHINA COLOMBIA CÔTE D'IVOIRE CROATIA CUBA CYPRUS CZECH REPUBLIC DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA DENMARK DOMINICA ECUADOR EGYPT ESTONIA FINLAND FRANCE GABON GEORGIA GERMANY GHANA GREECE HONDURAS HUNGARY ICELAND INDIA INDONESIA IRAN (ISLAMIC REPUBLIC OF) IRELAND ISRAEL ITALY JAMAICA JAPAN KENYA LATVIA LEBANON LIBERIA LITHUANIA LUXEMBOURG MALAYSIA MALTA MARSHALL ISLANDS MEXICO MYANMAR NAMIBIA NETHERLANDS NEW ZEALAND NIGERIA NORWAY PAKISTAN PANAMA PAPUA NEW GUINEA PERU PHILIPPINES POLAND PORTUGAL REPUBLIC OF KOREA ROMANIA RUSSIAN FEDERATION SAINT VINCENT AND THE GRENADINES SAUDI ARABIA SIERRA LEONE SINGAPORE SLOVENIA SOUTH AFRICA SPAIN SWEDEN SWITZERLAND SYRIAN ARAB REPUBLIC THAILAND

5 - 5 - MSC 74/24 TRINIDAD AND TOBAGO TUNISIA TURKEY UKRAINE UNITED KINGDOM UNITED STATES URUGUAY VANUATU VENEZUELA YUGOSLAVIA and the following Associate Members of IMO: HONG KONG, CHINA MACAU, CHINA 1.3 The session was also attended by representatives from the following United Nations specialized agencies: INTERNATIONAL LABOUR ORGANIZATION (ILO) FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) INTERNATIONAL TELECOMMUNICATIONS UNION (ITU) WORLD METEOROLOGICAL ORGANIZATION (WMO) 1.4 The session was also attended by observers from the following intergovernmental organizations: INTERNATIONAL HYDROGRAPHIC ORGANIZATION (IHO) EUROPEAN COMMISSION (EC) LEAGUE OF ARAB STATES COSPAS-SARSAT INTERNATIONAL MOBILE SATELLITE ORGANIZATION (IMSO) and by observers from the following non-governmental organizations in consultative status: INTERNATIONAL CHAMBER OF SHIPPING (ICS) INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) INTERNATIONAL SHIPPING FEDERATION (ISF) INTERNATIONAL UNION OF MARINE INSURANCE (IUMI) INTERNATIONAL CHAMBER OF COMMERCE (ICC) INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) INTERNATIONAL ASSOCIATION OF MARINE AIDS TO NAVIGATION AND LIGHTHOUSE AUTHORITIES (IALA) INTERNATIONAL RADIO-MARITIME COMMITTEE (CIRM) INTERNATIONAL NAVIGATION ASSOCIATION (PIANC) THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO) INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETIES (IACS) INTERNATIONAL CARGO HANDLING CO-ORDINATION ASSOCIATION (ICHCA) OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF) INTERNATIONAL MARITIME PILOTS' ASSOCIATION (IMPA) INTERNATIONAL ASSOCIATION OF DRILLING CONTRACTORS (IADC) INTERNATIONAL ASSOCIATION OF INSTITUTES OF NAVIGATION (IAIN) INTERNATIONAL FEDERATION OF SHIPMASTERS' ASSOCIATIONS (IFSMA) INTERNATIONAL SALVAGE UNION (ISU) INTERNATIONAL ASSOCIATION OF OIL AND GAS PRODUCERS (OGP) ASSOCIATION OF EUROPEAN SHIPBUILDERS AND SHIPREPAIRERS (AWES)

6 MSC 74/ INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO) SOCIETY OF INTERNATIONAL GAS TANKERS AND TERMINAL OPERATORS (SIGTTO) INTERNATIONAL LIFEBOAT FEDERATION (ILF) INTERNATIONAL ROAD TRANSPORT UNION (IRU) INTERNATIONAL COUNCIL OF CRUISE LINES (ICCL) INTERNATIONAL ASSOCIATION OF DRY CARGO SHIPOWNERS (INTERCARGO) THE INSTITUTE OF MARINE ENGINEERS (IME) INTERNATIONAL SHIP MANAGERS' ASSOCIATION (ISMA) INTERNATIONAL PARCEL TANKERS ASSOCIATION (IPTA) INTERNATIONAL SAILING FEDERATION (ISAF) THE INTERNATIONAL MARINE CONTRACTORS ASSOCIATION (IMCA) WORLD NUCLEAR TRANSPORT INSTITUTE (WNTI) INTERNATIONAL HARBOUR MASTERS' ASSOCIATION (IHMA) 1.5 The session was also attended by Mr. M.H. Julian (Australia), Chairman of the Marine Environment Protection Committee (MEPC), Captain M.U. Ahmed (Bangladesh), Chairman of the Technical Co-operation Committee (TCC) and Mr. L.D. Barchue, Sr. (Liberia), Chairman of the Facilitation Committee (FAL). The Chairmen of all sub-committees, except for the Chairman of the DSC Sub-Committee, were also present. Secretary-General's opening address 1.6 In welcoming participants, the Secretary-General referred to the untimely and unexpected passing last February of the Committee s former Chairman, Dr. G. Pattofatto of Italy. On behalf of the Organization, the Secretariat and himself, he had conveyed to Dr. Pattofatto s family, the Government of Italy and RINA the feelings of deepest sympathy and condolences for the loss of a dear friend and colleague who had made an outstanding contribution to the cause of safety at sea and particularly to the work of IMO. The Committee paused for a minute of reflection in honour of Dr. G. Pattofatto. The Secretary- General then resumed his opening remarks by singling out, of all the important items on the Committee s agenda:.1 the safety of large passenger ships;.2 the implementation of the revised STCW Convention; and.3 the outcome of the sub-committees which have met since MSC 73. Suggesting that the safety of the thousands of passengers who travel by sea for recreation or business and of those who man the ships that carry them was of paramount importance, he emphasized that taking action to enhance the safety of large passenger ships would represent a significant move on IMO s part to implement the proactive approach policy, which had been given a highly prominent place in resolution A.900(21) (Objectives of the Organization in the 2000s). The working group established at MSC 73 had done a very good job in identifying critical areas concerning existing and future large passenger ships, including collisions, groundings, fire safety, equipment failure, medical emergencies, evacuation, abandonment, search and rescue, unlawful acts, operations and management. At the same time, the goals and objectives the Committee had set out augured well for a most successful outcome to the

7 - 7 - MSC 74/24 concerted effort being undertaken. He was confident that the report of the intersessional correspondence group, under the co-ordination of the United States, would enable the Committee to make substantial progress at this session. Keeping the matter under its direct control demonstrated the Committee s keen interest in it and, at the same time, its desire to see it finalized in the shortest possible time. The Secretary-General then said that the identification by MSC 73 of those STCW Parties which had been found to give full and complete effect to the provisions of the STCW Convention and thereby secured a place in the so-called white list, was an important milestone in the life of IMO because of the role the revised STCW Convention had assigned to the Organization to monitor its implementation. The procedures and processes to undertake this had all been developed from scratch and it was essential that they should be successful from the point of view of both the implementation of the Convention and as a demonstration of the efficient and effective response by the Organization to such an important task. The process of compiling the information communicated to IMO by STCW Parties was a challenging one resulting, in most cases, in Parties having to modify their existing training and certification systems. At the same time, preparing that information in a format for scrutiny by others required a rigorous attention to detail. He then observed that it was also important to recall, as a response to some negative comments about the whole exercise, that not all of the Parties, which had met the Convention deadline for communication of information, had actually passed the test and had not therefore been included in his report to MSC 73 - which demonstrated clearly that the scrutiny and evaluation by the panels of competent persons had been as thorough as it could have been in the circumstances. He went on pointing out that the white list process was only one of the measures introduced in the STCW Convention revision to improve monitoring and implementation. Parties which wished to recognize certificates issued by other Parties might, as part of their confirmation processes, include inspection of facilities, procedures and standards in the certificate-issuing country, and some Parties were already doing this. Being included on the white list should not be the sole means of assessing whether seafarers issued with certificates by a particular Party were competent. However, numerous inspections, carried out to varying standards, might have unwanted and adverse effects. He was concerned that the use of the white list as the only criterion could have a negative impact on some highly-skilled existing seafarers which would be unfair. Similarly, by only accepting training from certain selected training institutions might cast doubt on those trained at other institutions in the same country and might also undermine a Party's approval systems. The shipping industry might see merit in taking recruits from specific training institutes but it should be acknowledged that all of the approved institutes of a Party which had been included in the white list had been accepted as meeting the international standards laid down in the STCW Convention. STW 32 had considered what procedures were appropriate for the Secretary-General to deal effectively with other reports required by the Convention, such as the reports on independent evaluations of quality standards and the reports to be made within 6 months of adopting new or revised requirements. The requirement for the evaluation of quality standards was important to ensure that appropriate training and certification standards were not only implemented but also maintained. The Secretary-General then stated that, for those STCW Parties which were still actively working towards full and complete implementation or whose information was currently being considered by panels of competent persons, the Organization would provide technical assistance when

8 MSC 74/ requested. IMO would also give whatever help it could to facilitate the process so that as many complying Parties as practicable might be included in the next update of the white list. Turning to the matter of fraudulent certificates of competency as well as the reported issuing of authentic certificates on the basis of forged foreign certificates, he referred to the report of the research carried out by the Seafarers International Research Centre of Cardiff University, the results of which should provide useful information upon which the Committee would base its decisions and actions as to what additional measures could and should be taken to deal with the problem. The Secretary-General reiterated the importance of the self-assessment form in the implementation process, advising the Committee that so far only 36 self-assessment forms had been received. He observed that this could not, almost two and a half years after the forms were first circulated, be considered to be a satisfactory rate of response. He therefore, once again, requested those Governments which had not yet done so to complete the form as soon as possible to enable the FSI Sub-Committee to make progress at its next session. Referring to the ISM Code, which 13 months from then would reach its second and final implementation date for the approximately 13,000 ships which would come under the Code on 1 July 2002, he noted the great expectations that IMO and the world maritime community had placed on the contribution of the Code to enhanced safety and environmental protection. Having urged Governments and industry to take early action so that the benefits to be gained from it were realized through effective implementation on the final tranche of ships next year, he stressed that no effort should be spared to make the Code work and, at the same time, that it should not be allowed to become merely a paper exercise, as some commentators had suggested. To gain a better picture of what was actually taking place in practice, he had arranged for data and information to be collected and collated from a number of sources to assess the effectiveness of the Code on those ships and companies to which it had applied since 1 July To this effect, he had written to the Secretaries of Port State Control Memoranda of Understanding and Regional Agreements as well as to the Commandant of the United States Coast Guard requesting information on, for example, any significant drop, or otherwise, in the number of detentions of ISM Code-certificated ships along with any information available on action taken by port State control authorities in respect of ISM Code deficiencies. The results of that survey had indicated a fairly high percentage of compliance with the ISM Code. Although there had been a slight reduction in the detention rates as compared with previous years, this could not be attributed with absolute certainty to the implementation of the Code alone, as it was considered to be still too early to report on the actual impact of the Code. However, the results of the survey had indicated that the Code had had a positive effect on safety overall. Monitoring the situation and analysing the information would continue and a report on the outcome of the exercise would be submitted in due course, including inputs from IACS and those recently established port State control MoUs and Agreements which had not been able to contribute to the first round of consultations. The Secretary-General then turned to the safety of bulk carriers as an item figuring prominently on the Committee s agenda. Issues brought forward by the United Kingdom Government in the context of the report of the re-opened formal investigation into the loss of the Derbyshire would be considered and he was hopeful that IMO would take appropriate action in the light of the recommendations contained in that report. The outcome of the international collaborative FSA study on bulk carrier safety submitted by the United Kingdom along with that which had been carried out by Japan, would assist the Committee in making useful recommendations. INTERCARGO s casualty report covering the period 1991 to 2000 provided a wealth of information into the causes of loss of bulk carriers and should also help the Committee in its work, particularly with respect to structural failures.

9 - 9 - MSC 74/24 Under agenda item 9 on radiocommunications and SAR matters the Committee would consider the recommendations of the COMSAR Sub-Committee on the proposal of the 1998 Fremantle Conference calling for the establishment of an International SAR Fund. This had been supported by the 2000 Florence Conference which had also made a recommendation that, for efficiency and cost-effectiveness purposes, five subregional rescue co-ordination centres should be established to cover the African coastline from Morocco anti-clockwise to Somalia. The Secretary-General was sure that the humanitarian nature of both recommendations was recognized and, therefore, he would anticipate the Committee s response to be positive and constructive. In this context, he made an appeal to the African countries, which had participated in the Florence Conference, to endorse its recommendations so that IMO could proceed with the next phase of the implementation of this most important technical co-operation project. Referring to the sad news of the tragic loss of life in the tanker Kristal incident off the Northwestern coast of Spain in severe weather conditions last February, he paid tribute to the commitment, preparedness and efficiency of the Spanish SAR authorities. He added that any action by the Organization in the aftermath of that accident should be taken in the context of the findings, conclusions and recommendations of the report into the investigation of the casualty when it becomes available. In the meantime, the Organization should, as always, be prepared to act promptly on any proposal aimed at enhancing the safety of life at sea and the protection of the marine environment. The Secretary-General turned to the incident involving the fully laden tanker Castor, which had developed a structural problem en route from the Romanian port of Constanza to Lagos, Nigeria, in December That incident had brought to light, once again, the question of ports of refuge, sheltered waters or safe havens and had highlighted the wisdom of the Committee, one month before the incident had happened, to list this matter among the topics selected for further consideration within the context of post-erika safety-related issues. Speaking on the issue at FP 45, he had suggested that the time had come for IMO to consider the problem globally, as a matter of priority, and to adopt any measures required to ensure that, in the interests of safety of life at sea and environmental protection, coastal States reviewed their contingency arrangements so that disabled ships were provided with assistance and facilities as might be required in the circumstances. He was pleased to see the interest Governments and industry organizations had shown in the problem by submitting pertinent documents to this session as well as the wide interest the proposal had generated among the media. Turning to the work of the sub-committees on safety-related issues which came to light in the aftermath of the Erika, he referred to the success of MEPC 46 in tackling the post-erika environment-related issues. He added that, at the MEPC s last session, the IMO spirit of cooperation had been at its best and paid tribute to all those, Governments, industry and individual representatives, who had worked hard to bridge the different positions which existed and to bring about a successful conclusion which had been adopted by consensus. The problem of piracy and armed robbery at sea continued to cause concern and he was deeply disappointed by the ever-deteriorating picture. The annual report submitted to this session contained some very disturbing figures as it showed a total of 471 acts of piracy and armed robbery which had been reported to the Organization during the year 2000, representing an increase of 162 acts and 52 percentage points over the 1999 figures. Even worse was the finding that, during the period under review (i.e. the year 2000), seventy-two crew members of the ships involved had been killed, one hundred and twenty-nine had been wounded and five had gone missing; two ships had been hijacked, three had gone missing and one had been destroyed. On the positive side, one hijacked ship, the Indonesian-flag cargo ship Inabukwa, had been

10 MSC 74/ apprehended and those on board had been arrested by the Philippines Coast Guard to which he had sent his congratulations on their successful operation. Referring to the series of assessment missions to countries adjacent to pirate-infested waters organized within the second phase of the 1998 anti-piracy project, he advised the Committee that the first of these missions had been undertaken in Indonesia and the second in Singapore for a number of Asian countries. Both missions had taken place in March of this year and had been led by the Chairman of the Committee. He hoped that the outcome of the two missions would provide enough information and useful advice for the countries concerned and also for the Secretariat in its preparations for the next round of assessment missions to Latin American and Western and Central African region countries. In the meantime and as requested by the Singapore Meeting, he had initiated consultations with Governments in the South East Asian region for the purpose of convening, at an appropriate time, a meeting to consider concluding a regional agreement on co-operation against piracy and armed robbery against ships. The Secretary-General turned to the terms of reference for a possible restructuring of the subcommittees which the Committee had requested the MEPC and its Chairmen to prepare and said that the Committee s comments and decisions, together with those of MEPC 46 and the Council at its forthcoming session, would enable the two Chairmen, taking into account the outcome of the Council s consideration of the organizational review of the Secretariat, to submit pertinent proposals to the twenty-second session of the Assembly. Serious consideration to this issue would lead to decisions which would ensure that there is an improvement in the efficiency and effectiveness of IMO which would be to the benefit of safety at sea and environmental protection. The Secretary-General concluded by suggesting that the Committee s decisions would be closely scrutinized by the world maritime community and all those with an interest in maritime safety and the marine environment. Because Governments were placing an ever-increasing expectation on IMO to deliver, there was no other choice but to respond thoughtfully and in a timely fashion. With the usual common sense prevailing in the Committee s deliberations, the well-known determination to tackle all safety issues efficiently and effectively and with the renowned IMO spirit of co-operation, he was confident that, once again, the cause of safety and environmental protection would be well served. A successful conclusion of the meeting would not only benefit seafarers and those with an interest in international shipborne trade; but it would also demonstrate the efficiency and effectiveness of IMO as the only forum in the world where international standards can be set to regulate maritime safety and pollution prevention and to determine how best to implement them. Chairman's remarks 1.7 In his response, the Chairman concurred with the Secretary-General on the importance of the Committee s work on Large passenger ships and Bulk carrier safety and on the proactive approach undertaken in the consideration of both issues. Having stressed the importance of the independent evaluations within the context of implementation of the revised STCW Convention, the Chairman singled out the places of refuge and piracy as issues necessitating the Committee s careful consideration. On the issue of places of refuge, he referred to guidance for the use of masters of ships in distress; and coastal States providing necessary facilities, while, on the issue of piracy, he placed

11 MSC 74/24 emphasis on lives lost during 2000 as a result of attacks by pirates and armed robbers, which he found extremely disconcerting. Statements by delegations and international organizations 1.8 The delegation of Denmark referred to two serious casualties in Danish waters, one being a collision between an oil tanker and a bulk carrier, the other being the grounding of an oil tanker. Both tankers involved in the casualties had been constructed with double hulls. Based on experience from these accidents, the resulting outflow of oil from the tanker involved in the collision might have been limited due to the fact that the ship was new with full structural integrity and with a modern tank arrangement, while, in the grounding accident, where the ship s bottom had been damaged, there was no oil pollution due to the double hull design; and the Danish delegation expressed satisfaction with the recent adoption of revised MARPOL regulation I/13G. The two casualties had, once again, emphasized the threat of oil pollution devastating the Danish Straits and the Baltic Sea. In an attempt to minimize risk, ministers for shipping in countries party to the Helsinki Commission have been invited to participate in a meeting in Copenhagen in September 2001 to discuss safety and pollution prevention in the Danish Straits and the Baltic Sea. The Danish delegation requested the industry to consider choosing only oil tankers with double hull or at least oil tankers with double bottom when operating through the Danish Straits and the Baltic Sea; and also strongly recommended that pilots were employed for the passage of ships through the Danish waters. 1.9 The Swedish and German delegations endorsed the Danish statement, the former recommending that the Danish suggestion should also apply for tankers passing through the Sound The ICS observer, referring to the figure mentioned by the Secretary-General regarding the approximately 13,000 ships liable to ISM Code phase 2 on its final implementation date of 1 July 2002, stressed that the task of implementing phase 2 should not be underestimated. The group of ships concerned is believed to involve a larger number of shipping companies than was the case with phase 1. ICS was concerned to learn that some recognized organizations authorized to carry out the ISM Code certification process were introducing a condition that ship operators might be required to agree contractually to annual ship audits, a requirement which would go beyond the conditions set down in the ISM Code. ICS strongly hoped that recognized organizations would defer acting independently pending discussion of the matter in IMO, which was the only competent forum to deal with issues pertaining to the implementation of the ISM Code. Adoption of the agenda and related matters 1.11 The Committee adopted the agenda (MSC 74/1) and a provisional timetable for guidance during the session (MSC 74/1/1, annex, as amended). The agenda for the seventy-fourth session, with a list of documents considered under each agenda item, is set out in annex The Committee s decisions on the establishment of working and drafting groups are reflected under sections of this report covering corresponding agenda items.

12 MSC 74/ Credentials 1.13 The Committee was informed that the credentials of the delegations attending the session were in due and proper form. 2 DECISIONS OF OTHER IMO BODIES OUTCOME OF THE MEPC WORKING GROUP ON CONDITION ASSESSMENT SCHEME (CAS) UNDER MARPOL REGULATION I/13G 2.1 The Committee noted the information provided in document MSC 74/2. OUTCOME OF THE INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR BUNKER OIL POLLUTION DAMAGE, The Committee noted the information provided in document MSC 74/2/1. OUTCOME OF THE FORTY-SIXTH SESSION OF THE MARINE ENVIRONMENT PROTECTION COMMITTEE General 2.3 The Committee noted the information provided by the Secretariat (MSC 74/2/2) on the outcome of the forty-sixth session of the Marine Environment Protection Committee (MEPC) and, having agreed to take it into account under relevant agenda items, as appropriate, took decisions on specific action requested of it under this agenda item as outlined in paragraphs 2.4 to Incorporation of CAS-related amendments into resolution A.744(18) 2.4 The Committee, having noted the adoption by MEPC 46 of a revised MARPOL regulation I/13G (resolution MEPC.95(46)) and an associated Condition Assessment Scheme (CAS) (resolution MEPC.94(46)), which was made mandatory under the revised regulation, considered, in the context of CAS, the requests of the MEPC (operative paragraphs 4 and 5 of resolution MEPC.94(46)) and:.1 noted the CAS; and.2 considered introducing and incorporating relevant elements and provisions of the CAS into the Guidelines on the enhanced programme of inspections during surveys of bulk carriers and oil tankers (resolution A.744(18)), a matter which it referred to the DE Sub-Committee to consider in detail in the context of its work programme item on Matters related to resolution A.744(18). ISM Code-procedure related matters 2.5 As requested by MEPC 46, the Committee considered ISM Code-procedure related matters, identified by the MEPC Working Group on CAS, which, when discussing the validity of the Statement of Compliance required by the CAS, deleted a provision dealing with the changes of management and introduction of an annual SMC verification requirement into the SMC audit schedule. Following discussion, the Committee referred the matter to FSI 10, instructing it to

13 MSC 74/24 ascertain whether this ISM Code-related matter should be further pursued and to advise MSC 75 as appropriate (see also paragraph ). MSC/MEPC circular on Design suggestions for ballast water and sediment management options 2.6 In pursuance of the request of MEPC 46 to consider the aforementioned draft MSC/MEPC circular and review specific safety aspects thereof, the Committee, noting that MEPC 46 had decided to complete the draft circular at MEPC 47, agreed to instruct the Working Group on Bulk Carrier Safety to consider the draft circular annexed to document MSC 74/WP.14, addressing the specific safety aspects as outlined in that document and to provide comments to the Committee to consider and take into account when advising MEPC 47 as appropriate (see paragraphs 5.45 to 5.47). Outcome of the OPRC Working Group on the issue of sheltered waters 2.7 The Committee agreed to take into account the outcome of the OPRC Working Group on the matter and the proposed set of issues referred to in annex 1 to document MSC 74/2/2 when considering, under this agenda item, the issue of ports/places of refuge (see paragraphs 2.15 to 2.32). Recycling of ships 2.8 In discussing the issue of ship recycling, the Committee recalled that, in that context, MSC 73 had invited Member Governments and international organizations to submit, to this session, comments and proposals on the safety aspects of the scrapping of ships so that the matter might be discussed on the basis of such submissions before the Committee s views were forwarded to MEPC 47 for consideration and appropriate action. Having noted the points made by MEPC 46 and the terms of reference for the correspondence group established, as contained in paragraphs 11 and 12, respectively, of document MSC 74/2/2, the Committee agreed to refer the matter to DE 45 for consideration under its agenda item on "Decisions of other IMO bodies" and advice to MSC 75 taking into account the outcome of the MEPC correspondence group on recycling of ships before the Committee advises the MEPC as appropriate. IMO report to CSD 2.9 The Committee noted that MEPC 46, in the context of discussion of its agenda item on Preparation of RIO+10, had approved, in principle, the draft IMO report to the UN Commission on Sustainable Development (CSD), as prepared by the Secretariat (MEPC 46/14, as amended by MEPC 46/WP.9), which provided generic information about IMO s major developments since UNCED and the areas for further progress, including questions raised by CSD. Although the report mainly focuses on developments by the MEPC since 1992, it was noted that achievements directly related to the enhancement of safety at sea, development of international law and technical assistance (i.e. elements deriving from activities of the MSC, LEG Committee and TCC) were also important elements highlighted in the report The Committee noted that, when approving the draft report, MEPC 46 had agreed that certain chapters predominantly addressing maritime safety/navigation and technical assistance issues, could be subject to amendments by the forthcoming sessions of the MSC and the TCC. Having noted the draft report and that the Secretariat would finalize it taking into account comments from MSC 74 (including those under agenda item 12) and TC 50, if any, before submitting it to CSD at the appropriate time for it to be taken into consideration in the

14 MSC 74/ preparatory process for the RIO+10 Summit, the Committee instructed the Secretariat to act accordingly. OIL TANKER SAFETY-RELATED MATTERS General 2.11 The Committee recalled that MSC 73, having considered the report of the Working Group on Oil tanker safety and environmental issues (MSC 73/WP.14), amended it as shown in paragraph 2.11 of document MSC 73/21 and agreed with the course of action proposed by the Chairman, i.e.:.1 to refer to DE 44 proposed measure 9 in annex 1 to MSC 73/WP.14 in conjunction with an associated proposal by the Bahamas (MEPC 45/7/11), for consideration (see paragraphs and 13.2 to 13.9); and.2 to refer the working group s report (MSC 73/WP.14), as amended, to the subcommittees and to MEPC 46, requesting them to consider it in general i.e. not to embark on substantial debate but to address the relevant proposals and then advise this session on the outcome of the consideration of their assigned issues, including proposing possible items for inclusion in their work programmes The Committee recalled also that MSC 73 requested Member Governments to consider the report of the working group (MSC 73/WP.14), as amended, and invited them to submit, to the MEPC and the sub-committees concerned, comments and proposals on specific issues, so that the Committee could have a further debate on the safety-related issues and decide on the way forward for itself and the sub-committees. Outcome of COMSAR 5, FP 45, STW 32, BLG 6, FSI 9 and DE Having reviewed the outcome of consideration by the various sub-committees in pursuance of the aforementioned MSC 73's instructions (MSC 74/2/3 and MSC 74/2/3/Add.2), of the relevant proposed measures annexed to document MSC 73/WP.14, the Committee took action as indicated hereunder:.1 Proposed measure 1: Identify and quantify the risks associated with the transport of high-density and persistent oils as cargo and possible options to prevent accidental spills or outflow of such oils (considered by BLG 6). With reference to document MSC 74/2/3, paragraph 9.2, the Committee noted the outcome of consideration of the measure, as the findings of BLG 6 were meant for consideration by the MEPC. Concerning the effects of heated high-density oils, DE 45 was requested to consider the matter in principle and advise MSC 75 accordingly..2 Proposed measure 2: Ensure that any corrective regulatory measures in the aftermath of a casualty are based on an authoritative investigation where the root causes of the accident are identified and analysed (for consideration by the MSC and MEPC).

15 MSC 74/24 In this connection, the Committee:.2.1 agreed to the measure, recognizing that the Organization would be justified to take urgent appropriate action if the exceptional circumstances of a casualty so dictate, e.g. as in the cases of the Estonia and Erika incidents; and.2.2 instructed the Secretariat to inform the MEPC of the outcome of consideration of this matter by the Committee..3 Proposed measure 3: Consider the lessons learnt from the operation of single hull tankers and decide whether these apply to double hull tankers, taking into account their particular design features, especially regarding ageing double hull tankers; and also to consider any other safety measures which might be necessary (considered by FP 45, BLG 6 and DE 44; to be considered also by SLF 44). With reference to documents MSC 74/2/3, paragraphs 7 and 9.3, and MSC 74/2/3/Add.2, paragraph 8.1, the Committee noted the outcome of consideration of the measure and:.3.1 concurred with the FP, BLG and DE Sub-Committees in that interested Member Governments should submit specific proposals to the Committee in accordance with the Guidelines on the organization and method of work; and.3.2 with regard to the opinion of BLG 6 that, if such proposals are submitted to, and accepted by, the Committee, the DE Sub-Committee should be given the co-ordinating role, the Committee agreed that such a decision would be made when relevant proposals were received..4 Proposed measure 4: Invite consideration of protection of fuel oil tanks (considered by BLG 6 and DE 44). With reference to documents MSC 74/2/3, paragraph 9.4, and MSC 74/2/3/Add.2, paragraph 8.2, the Committee noted the outcome of consideration of the measure by DE 44 and the decision taken by MEPC 46 to include in the DE Sub- Committee s work programme an item on Protection of fuel tanks. Any provisions developed should only apply to new ships, in particular those carrying large amounts of fuel..5 Proposed measure 5: Examine the need to establish principles for coastal States, acting either individually or on a regional basis, to review their contingency arrangements regarding the provision of ports of refuge (considered by COMSAR 5). The Committee discussed this proposed measure separately in conjunction with several relevant documents submitted to this session (see paragraphs 2.15 to 2.32)..6 Proposed measure 6: Establish how and to what extent the responsibility of shipyards for the construction and repair of ships in conformity with national regulations, class rules and relevant international standards should be determined (considered by DE 44).

16 MSC 74/ With reference to document MSC 74/2/3/Add.2, paragraph 8.3, the Committee, having noted comments made by the delegations of Cyprus, Greece and Liberia, noted the outcome of consideration of the measure by the DE Sub-Committee and:.6.1 concurred with that Sub-Committee s views that IMO does not deal with shipyard responsibilities as these lay with classification societies and national Administrations (see also paragraph 5.24); and.6.2 noted INTERTANKO s opinion that IMO should be aware and, therefore, concerned about the possibility of the lack of proper control of, and commitment for, a proper quality of ship manufacturing..7 Proposed measure 7: Identify any new measures specific to the operation of double hull tankers, due to their increased structural complexity (considered by FP 45 and DE 44). With reference to documents MSC 74/2/3, paragraphs 6 and 7, and MSC 74/2/3/Add.2, paragraph 8.4, the Committee noted the outcome of consideration of the measure by the FP and DE Sub-Committees and:.7.1 concurred with the FP and DE Sub-Committees that there was no need to deal with the issue at this point in time, although it might be appropriate to discuss it in the future once concrete proposals are made in accordance with the Guidelines on the organization and method of work; and.7.2 noted that a possible course of action could be an FSA study on double hull tankers. In this connection, the Committee invited interested Member Governments and international organizations to consider undertaking, either individually or collectively, an FSA study on double hull tankers, and inform the Committee accordingly..8 Proposed measure 8: Establish a design philosophy aimed at achieving a higher structural standard (considered by DE 44). With reference to document MSC 74/2/3/Add.2, paragraph 8.5, the Committee noted the outcome of consideration of the measure by the DE Sub-Committee and:.8.1 concurred with the DE Sub-Committee that the subject was important but should initially be taken up by classification societies, namely IACS; and.8.2 noted that IACS was working on the establishment of required residual strength, adequate frequency and extent of surveys and the establishment of minimum scantling requirements..9 Proposed measure 9: Examine ways to improve the design of large bulk carriers and tankers to enable the interior of their hulls to be more easily surveyed and inspected, taking into account MSC/Circ.686 (considered by DE 44).

17 MSC 74/24 With reference to document MSC 74/2/3/Add.2, paragraphs 5 to 7 and 8.6, the Committee noted the outcome of consideration of the measure by the DE Sub- Committee and noted that DE 44, having considered a related document (DE 44/2/3) submitted by the Bahamas, had agreed to a draft revised SOLAS regulation II-1/12-2 on Access to and within spaces in the cargo area of oil tankers and bulk carriers, which the Committee considered for approval under agenda item 13 (see paragraphs 13.2 to 13.7)..10 Proposed measure 10: Review resolution A.744(18) to make survey procedures stricter and to strengthen the effectiveness of the application of ESP requirements. Special consideration should be given to items related to planning of survey and repairs, splitting of surveys, surveyor attendance during thickness measurement, deferral of repairs and survey reporting (considered by DE 44 and FSI 9). With reference to document MSC 74/2/3/Add.2, paragraphs 3 and 8.7, the Committee noted the outcome of consideration of this measure by the DE and FSI Sub-Committees and agreed that, under the co-ordination of the DE Sub-Committee, the two Sub-Committees should accommodate this issue under their existing work programmes. In this respect, the Committee, while noting that DE 44 had agreed that the measure should be considered under the Sub-Committee's work programme item on "Matters related to resolution A.744(18)", recalled its relevant instructions to FSI 10 referred to in paragraph Proposed measure 11: Define standard terminology and procedures to accurately describe the extent of problems/defects identified during surveys, which should be made mandatory for all survey reports (considered by STW 32 and DE 44). With reference to documents MSC 74/2/3, paragraph 8, and MSC 74/2/3/Add.2, paragraph 8.8, the Committee noted the outcome of consideration of this measure by the STW and DE Sub-Committees, in particular that IACS was currently in the process of developing a common terminology for surveys which should be considered by IMO once the results were made available by IACS..12 Proposed measures 12: Improvement of surveyors qualifications; 13: Consider making mandatory the use of exclusive surveyors for statutory surveys; and 14: Develop an interpretation of SOLAS regulation I/14(e) to clarify that extension of the period of validity of certificates can only be granted in very specific circumstances (considered by FSI 9). With reference to document MSC 74/2/3/Add.2, paragraph 3, the Committee noted the outcome of consideration of these measures and agreed that the FSI Sub- Committee should accommodate them under its existing work programme. Subsequently, the Committee instructed FSI 10 to identify an appropriate item within its existing work programme and request MSC 75 to extend the target completion date of the item as appropriate..13 Proposed measures 15: Consider human element issues including training of seafarers, human resources and other operational measures which will minimize the risk of oil pollution from tankers; 16: Consider whether there is a need to

18 MSC 74/ develop additional requirements for the proper handling of ships and prudent seamanship in adverse weather conditions; and 17: Consider what additional safety measures may be necessary for ships navigating in narrow waterways and/or areas of dense traffic (considered by STW 32; measure 15 considered by the Joint MSC/MEPC Working Group on HE and FSA (see paragraph 15.22); and measures 16 and 17 to be considered also by NAV 47). With reference to document MSC 74/2/3, paragraph 8, the Committee noted that STW 32 agreed that, at present, there was insufficient justification to add these items to its work programme but noted that issues requiring consideration by the Sub-Committee might arise following consideration by other sub-committees..14 Proposed measures 18: Continue to promote the uniform and effective implementation of rules, regulations and guidelines by all parties concerned for the safe transport of cargoes in general, and of polluting cargoes in particular; 19: Review the guidelines on the performance and control of classification societies to enhance supervision by flag State; 21: Develop new provisions on change of flag; and 22: Improve the uniformity of inspection and reporting practices for port State control and promote exchange of information (considered by FSI 9). With reference to document MSC 74/2/3/Add.2, paragraph 3, the Committee noted the outcome of consideration of these measures and agreed that the FSI Sub- Committee should accommodate them under its existing work programme. Subsequently, the Committee instructed FSI 10 to identify appropriate items within its existing work programme and request MSC 75 to extend the respective target completion dates of the items as appropriate..15 Proposed measure 20: Develop minimum harmonized survey requirements to ensure compliance with the applicable provisions on transfer of class (considered by FSI 9). With reference to document MSC 74/2/3/Add.2, paragraph 4, the Committee noted the outcome of consideration of this measure by the FSI Sub-Committee and:.15.1 endorsed the view of FSI 9 that, since the existing transfer-of-class society procedures are not applicable to all recognized organizations, development by IMO of transfer-of-class provisions are necessary, in particular to ensure that the gaining recognized organization takes responsibility and remedial action with respect to any outstanding conditions/items left at the time of the transfer; and.15.2 agreed to decide at MSC 75 whether a new item on Development of provisions on transfer of class should be included in the Sub- Committee s work programme, based on a recommendation by FSI 10 and relevant proposals by interested Member Governments and international organizations submitted in accordance with the Guidelines on the organization and method of work.

19 MSC 74/24 Outcome of MEPC The Committee was advised that MEPC 46 had noted the proposals made by FSI 9 and DE 44 following consideration of the issues identified by MSC 73 (MSC 73/WP.14) to include items on Development of provisions on transfer of class and Protection of fuel tanks in the work programmes of the FSI and DE Sub-Committees respectively; and had decided affirmatively with respect to the latter (see also paragraph 21.36). MEPC 46 had further noted the outcome of consideration by BLG 6 of post-erika safety-related issues. PORTS/PLACES OF REFUGE (SHELTERED WATERS) 2.15 The Committee recalled (see also paragraphs 2.11 and 2.12 above) that, at MSC 73, the Working Group on Oil Tanker Safety and Environmental Matters established to consider post- Erika safety-related issues, compiled a list of measures selected from those listed in document MSC 73/2/2, together with a number of others proposed during the session, including the examination of the need to establish principles for coastal States, acting either individually or on a regional basis, to review their contingency arrangements regarding the provision of ports of refuge (MSC 73/WP.14, paragraph 13 and annex 1, item 5). In considering the working group s report, MSC 73 agreed to the Chairman s proposal (MSC 73/21, paragraph and paragraph above) that the report should be referred, as amended, to the sub-committees and MEPC 46 requesting them to consider it in general (i.e. not to embark on substantial debate), but to address the relevant proposals and then advise MSC 74 on the outcome of the consideration of their assigned issues including proposing possible items for inclusion in their work programmes The Committee noted that COMSAR 5 was informed about the MSC 73 working group referred to above having agreed with a proposal by the delegation of Greece to examine the need to establish principles for coastal States, acting either individually or on a regional basis, to review their contingency arrangements regarding the provision of ports of refuge, taking into consideration national sovereignty rights. The identified areas of refuge should have arrangements in place to allow ships in distress to take refuge. Recalling that the issue of ports of refuge had been referred to the Sub-Committee by MSC 73 only one week before the session, COMSAR 5 agreed:.1 that the issue was relevant to its work on SAR, as permitting a ship into a port might be one possibility to save lives;.2 to invite the Committee to include, in the Sub-Committee s work programme, a corresponding item on Ports of refuge, with one session needed to complete the item;.3 that more time was needed for detailed consideration of the matter at national level;.4 to invite submissions on this issue to COMSAR 6; and.5 to invite the Committee to instruct the NAV Sub-Committee to consider the matter as the co-ordinating Sub-Committee The Committee further noted that, during his opening speech at FP 45, the Secretary- General, referring to the incident involving the fully laden tanker Castor, which had developed a structural problem en route from the Romanian port of Constanza to Lagos, Nigeria, had stated that the incident had, once again, highlighted the question of ports of refuge. Referring to the