IMO Needs Assessment and Advisory Mission UKRAINE, 14-18 Dec 2015 MEMBER STATE OBLIGATIONS AS PARTY TO IMO INSTRUMENTS Capt. Marin PETROV, IMO Consultant CONTENTS • Implementation and enforcement of IMO instruments • MS general obligations and responsibilities • Responsibilities of different stakeholders • Flag, Port and Coastal State obligations • Survey, inspection, authorization and monitoring • Survey and certification • Approval of plans and type approval • Need for authorization • Delegation, control and monitoring • Training and certification, investigations • IMSAS and III Code Capt. Marin PETROV, IMO Consultant 2 1
Implementation and enforcement of IMO instruments General Obligations and Responsibilities – UNCLOS Duties of the flag State (Art. 94) • Every flag State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag • In particular every State shall assume jurisdiction under its internal law over each ship flying its flag …… take such measures that ships flying its flag….to ensure safety at sea with regard to….. - The construction, equipment and sea worthiness - Manning of ships , labour conditions and training of crew taking into account the applicable international instruments Capt. Marin PETROV, IMO Consultant 3 Implementation and enforcement of IMO instruments General Obligations and Responsibilities – UNCLOS (2) Enforcement by flag Sates (Art. 217) • States shall ensure compliance by ships flying their flag with …..international rules and standards established through the competent international organisations. • If a vessel commits a violation of rules…. the flag State shall provide for immediate investigation and where appropriate institute proceedings in respect of the alleged violation. Pollution from ships (Art.222) States shall enforce … their law and regulation …….and take other measures necessary to implement applicable international rules and standards established through competent international organisations Capt. Marin PETROV, IMO Consultant 4 2
Implementation and enforcement of IMO instruments Responsibilities of different stakeholders • The key actors and their roles in setting and implementing technical standards in today’s international shipping are as follows : - IMO, as a specialized agency of the UN, has the responsibility to develop universal (international) technical standards on safety, security and pollution prevention, relating to ships and shipping activities; - GOVERNMENTS have the duty to implement and enforce these standards ; Capt. Marin PETROV, IMO Consultant 5 Implementation and enforcement of IMO instruments Responsibilities of different stakeholders (2) - RECOGNIZED ORGANIZATIONS have a duty to be impartial and exercise due diligence in carrying out statutory tasks assigned to them by governments; - SHIPPING COMPANIES are responsible for the consistent application of the same standards to individual ships ; and - SHIPBOARD PERSONNEL (seafarers) have the task of putting into operation the various safety, security and anti-pollution measures applicable to the ship Capt. Marin PETROV, IMO Consultant 6 3
Implementation and enforcement of IMO instruments Capt. Marin PETROV, IMO Consultant 7 Implementation and enforcement of IMO instruments • IMO is the competent international organisation , referred to in UNCLOS, responsible for technical aspects of shipping; • IMO instruments (over 40 now) cover: - design of ships - equipment of ships - operation - training of personnel - port State control - SAR - pollution and liability arising there from Capt. Marin PETROV, IMO Consultant 8 4
Implementation and enforcement of IMO instruments • Objective of IMO is to adopt the highest PRACTICABLE STANDARDS with respect to maritime safety and pollution prevention • The standards set by IMO generally take the form of: - Conventions or Protocols; or - Amendments to existing Conventions or Protocols; or - Codes, Guidelines, Recommended Practices, etc. • Most Codes, Guidelines, Recommendations and Recommended Practices are not binding but intended to assist Governments give full effect to convention provisions Capt. Marin PETROV, IMO Consultant 9 Implementation and enforcement of IMO instruments • Phases from adoption to enforcement of IMO instruments: - Conventions and amendments are adopted , after discussion in IMO; - Entry into force internationally after the agreed period; - Implementation trough national law and regulations (by Parties to the convention); and - Enforcement (by Flag States and Port States which are Parties to the convention) Capt. Marin PETROV, IMO Consultant 10 5
Implementation and enforcement of IMO instruments Flag, Port and Coastal State obligations Responsibilities and obligations of Flag States with regard to IMO Conventions: • Ratification • Implementation - through enacting national legislation • Enforcement - need to have infrastructure and staff appropriate to the size and type of fleet - ensure unsafe ships are not allowed to sail - ensure seafarers are competent and familiar with ships’ equipment and operations Capt. Marin PETROV, IMO Consultant 11 Implementation and enforcement of IMO instruments Flag, Port and Coastal State obligations Flag State responsibilities and obligations (2): • Enforcement of national and international rules and standards on ships flying its flag : - registration of ships - survey - certification - accident investigation - reporting under various instruments (FSI 20 /INF.14) • Training and certification of seafarers Capt. Marin PETROV, IMO Consultant 12 6
Implementation and enforcement of IMO instruments Flag, Port and Coastal State obligations Coastal State responsibilities and obligations: • Pollution detection • Prosecution for violation • Establishment of aids to navigation • Dissemination of safety information - on wrecks - other dangers to navigation - weather and sea conditions • Establishment and maintenance of SAR service Capt. Marin PETROV, IMO Consultant 13 Implementation and enforcement of IMO instruments Flag, Port and Coastal State obligations Port State responsibilities and obligations: Port State control of foreign ships calling its ports as per requirements of the regional MOUs joined / IMO PSC Procedures NB: If the right for PSC is exercised, then port State has responsibilities and obligations for enacting local legislation, staff training, NMFT, scope, reporting, remedial measures undertaken, complain procedure, etc. Capt. Marin PETROV, IMO Consultant 14 7
Survey, inspection, authorization and monitoring Survey and certification • The major IMO conventions require specific surveys to be performed on ships and if requirements are met – certificates to be issued attesting compliance with the provisions; • Such requirements in SOLAS are contained in Chapter I, Part B Surveys and Certificates (specifically, R.I/6-R.I/18), but also in other chapters (R.VII/10,13,16 R.IX.3 R.XI-2.4, etc.); • Similar requirements exist in MARPOL and LL-66 , as well as in the mandatory IMO codes (IBC, IGC, ISM, ISPS, etc.); • The survey and certification under IMO conventions is mainly regulated by the Harmonized System for Survey and Certification (HSSC) Capt. Marin PETROV, IMO Consultant 15 Survey, inspection, authorization and monitoring Survey and certification (2) Harmonised System of Survey and Certification - Adopted by the International Conference on HSSC, 1988; -The Conference adopted the 1988 SOLAS Protocol and the 1988 LL Protocol to introduce the HSSC in both conventions (and IBC/IGC) -The MEPC.39(29) adopted the 1990 amendments of MARPOL 73/78 for introduction of the HSSC -The HSSC entered into force on 3 February 2000 The HSSC objective : to reduce the ship’s time out of service for inspection purposes, by alleviating problems caused by survey dates and intervals between surveys which do not coincide (under previous regime) Capt. Marin PETROV, IMO Consultant 16 8
Survey, inspection, authorization and monitoring Survey and certification (3) • Latest Survey Guidelines under HSSC, 2015 were adopted by Res. A.1104(29) to include amendments to instruments in force up to and including 31.12.2015 ) and contain in its annexes: .1 General description of the HSSC – sec.1- sec.5 .2 Survey Guidelines under the 1974 SOLAS Convention, as modified by Prot -88 (annex 1); .3 Survey Guidelines under the 1966 Load Line Convention, as modified by Prot -88 (annex 2); .3 Survey Guidelines under the MARPOL (annex 3); .4 Survey Guidelines under mandatory Codes (annex 4). Capt. Marin PETROV, IMO Consultant 17 Survey, inspection, authorization and monitoring Survey and certification (4) HSSC provides for: • a one-year standard interval between surveys flexibility for execution of surveys, providing for renewal survey to be completed within 3m before expiry date , with no loss of this period • a maximum period of validity of 5 years for all certificates for cargo ships • a system for extension of certificates limited to 3m for voyage completion • if an extension given, the new period of validity starts from the expiry date of the existing certificate before extension Capt. Marin PETROV, IMO Consultant 18 9
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