INTERNATIONAL MARITIME ORGANIZATION (IMO): REPORT OF THE

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SUBJECT: INTERNATIONAL MARITIME ORGANIZATION (IMO): REPORT OF THE
FLAG STATE IMPLEMENTATION SUB-COMMITTEE 14TH SESSION, LONDON, 05-09
JUNE 2006.


1. SUMMARY: The 14th session of the Flag State Implementation
Subcommittee (FSI 14 S/C) met at IMO Headquarters, London, UK. Mrs.
Tatjana Krilic of Croatia chaired the meeting. The meeting was
attended by seventy members, two associate members, one United
Nations specialized agency, two intergovernmental organizations,
nine intergovernmental organizations and fifteen non-governmental
organizations. All obtainable U.S. objectives were achieved.
FSI 14 S/C:
-- Agreed to the draft Survey Guidelines under the HSSC for the
purpose of the BWM Convention, for submission to MEPC 55;
-- Agreed to the draft form for the AIS Test Report, for further
review by NAV 52;
-- Agreed to the draft Guidelines on annual testing of Voyage Data
Recorders (VDR) and simplified Voyage Data Recorders (S-VDR)
incorporating the Form for the Voyage Data Recorder Performance Test
Certificate, for review by NAV 52 prior to submission to MSC 82;
-- Agreed to the draft Guidelines for pre-planning of surveys in
dry-dock of ships which are not subject to the Enhanced Programme of
Inspections under resolution A.744(18),as amended, for submission
to MSC 82 for consideration and action as appropriate.
END SUMMARY


2. Decisions of other IMO Bodies: FSI 14 was informed by the IMO
Secretariat that the Port Reception Facility Database module of the

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Global Integrated Shipping Information System (GISIS) had been
completed. FSI had previously recommended, upon completion of the
module, that hard copy of the IMO circulars containing current
reception facilities will cease. MEPC 54 endorsed this
recommendation and the circulars will no longer be promulgated.


3. Responsibilities of Governments and Measures to Encourage Flag
State Compliance: Significant discussions took place regarding the
identification of common areas between the International Ship and
Port Facility Security (ISPS) Code and the International Ship
Management (ISM) Code and the merging of those areas, with respect
to the auditing of implementation of these Codes. Some Member States
believed that the combining of these audits would reduce the impact
of audits on companies. The U.S. and other like-minded Member States
believe that the merging of these areas during an audit may be
appropriate at a future date but that enough time must be provided
during a merged audit so that the current levels of detailed
examination are maintained. The issue was referred to MSC 82 for
review and further action. One possible action by MSC may be to
refer the proposal to the joint MSC/MEPC working group to study
revisions of the International Safety Management (ISM) Code. That
group that will convene concurrent with MSC 82.


4. Mandatory Reports Under MARPOL 73/78: FSI 14 noted that only 27
parties and one associate member had submitted the required reports
for 2004; a 21% compliance rate. The sub-committee agreed that the
result and rate of mandatory reporting was disappointing in spite of
simplification of the reporting form and again urged members to
fulfill their mandatory obligations. In this regard, the S/C
approved a draft FSI circular, encouraging member States to comply
with the annual reporting requirements for MARPOL 73/78, as outlined
in MEPC/Circ.318.


5. Casualty Statistics and Investigations: The Sub-Committee
considered the report of the Working Group on Casualty Statistics
and Investigations which contained information based on the analysis
of 75 reports of investigations into casualties, an overview of
lessons learned and a draft text of narratives of lessons learned
for presentation to seafarers. The Sub-Committee agreed to the text
of the analyses and authorized their release to the public on the
Global Integrated Shipping Information System (GISIS). The
Sub-Committee agreed to the overview of lessons learned, and noted
that reports on deaths resulting from entry into enclosed spaces and
on deaths and serious injuries associated with mooring and unmooring
ships were received with a disturbing regularity. The Sub-Committee
agreed that Member States would 'target' such accidents with a view
to submitting reports for analysis and possible reference to the
appropriate technical sub-committees. The Sub-Committee approved the
Lessons Learned for Presentation to Seafarers for release on the IMO
website following the review carried out by the Secretariat in
co-operation with the Chairmen of the relevant sub-committees. The
correspondence group on casualty analysis was re-established.


6. Review of the Code for the Investigation of Marine Casualties and
Incidents: Having considered the outcome of the working group, the
Sub-Committee noted the review of the entire Code for the
investigation of marine casualties and incidents, including the
Foreword, General provisions, Mandatory standards, and Recommended
practices, which took into consideration resolution LEG.3(91).
Having considered the text of the draft Code and, in particular, the

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question of which parts should be made mandatory, the Sub-Committee
agreed in principle that all the chapters contained in part II
(Mandatory standards) should remain mandatory, subject to further
review by a correspondence group. In this regard, the Sub-Committee
agreed that chapter 3 (Application),chapter 4 (Responsible
Authority),chapter 5 (Notification) and chapter 6 (Requirement to
Investigate Very Serious Casualties) should be mandatory in their
entirety, while chapter 7 (Flag State's Agreement With Another
Substantially Interested State to Conduct a Marine Safety
Investigation and chapter 8 (Powers to collect evidence) would need
to be reviewed in order to remove provisions which were not
considered as being mandatory. With regard to part III (Recommended
practices),the Sub-Committee developed draft alternative text to be
further considered, together with the entire revised draft Code for
the investigation of marine casualties and incidents,
intersessionally. To proceed with this work, the correspondence
group on the Review of the Code for the Investigation of Marine
Casualties and Incidents was re-established.


7. Harmonization of Port State Control Activities: Port State
Control (PSC) Regional Memoranda of Understanding (MOUs) presented
statistics regarding their activities in 2004 and 2005. The USCG
presented a report showing a continuing decline in the detention
rate in U.S. ports. The Sub-committee requested that all PSC MOUs
and the USCG submit annual reports to FSI 15. General discussion
took place regarding the assistance provided by the more established
PSC MOUs to the developing MOUs. It was noted that the Black Sea MOU
had made significant improvements in its structure and created a
"road map" for continued improvement. The S/C requested that their
organization submit this information to FSI 15 to assist other
developing MOUs with their improvement. The S/C convened a working
group consisting of Member States and PSC MOUs to move forward on
harmonization efforts. Broad areas of harmonization of PSC practices
and data systems were discussed. Also the WG was tasked with the
development of PSC Guidelines on inspection of seafarers' working
hours and the associated draft MSC resolution to be submitted to MSC
82 for adoption. A general framework was developed for a way forward
on harmonization efforts and the PSC Guidelines were drafted.


8. Development of guidelines for Port State Control under the 2004
BWM Convention: The IMO Secretariat submitted a base document for
review by FSI. Basic guidelines were developed by the previous
session of the IMO's Sub-Committee on Bulk Liquids and Gases and
this made up the Secretariat's submission. FSI 14 felt that it was
premature to develop these guidelines before a standard sample
analysis methodology is agreed upon. As a result, the Sub-Committee
agreed to invite the MEPC to extend the target completion date of
these Guidelines from 2006 to 2008.


9. Review of the Survey Guidelines under the Harmonized System of
Survey and Certification (HSSC)-(Resolution A.948(23)): The FSI S/C
agreed to establish a working group to develop Guidelines for
pre-planning of surveys in dry-dock of ships which are not subject
to the Enhanced Programme of Inspections, to review the draft
Guidelines on annual testing of Voyage Data Recorders (VDR) and
simplified Voyage Data Recorders (S-VDR),to develop a draft form
for the AIS Test Report, review the draft Survey Guidelines under
the HSSC for the purpose of the BWM Convention for submission to
MEPC 55, and for other tasks. The working group completed the
majority of these tasks. The Sub-Committee, having noted the group's
recommendation regarding future work on the review of resolution
A.948(23),agreed to the establishment of a correspondence group, to
further progress the work in the intersessional period.


10. Development of survey guidelines required by regulation E-1 of
the 2004 BWM Convention: The intersessional correspondence group for
the Review of the Survey Guidelines under the Harmonized System of
Survey and Certification took action on this issue between FSI 13
and FSI 14. At FSI 14, the guidelines were finalized. However, as
the BWM Convention has not yet entered into force, the S/C decided
that the developed guidelines would be kept in abeyance as an annex
to the S/C report.


11. Port reception facilities-related issues: A draft action plan to
combat the problem of inadequate reception facilities was developed
and circulated to FSI 14 for review and action, as necessary. This
action plan contained a brief description of the problem, a priority
and the responsible IMO body to review the problem. The S/C
systematically reviewed the action plan and submitted requested
changes to MEPC 55 for their approval.


12. Consideration of IACS Unified Interpretations: One small issue
relating to the amendment of certificates issued under the
International Ship and Port Facility Security Code was brought to

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the attention of the S/C. After a brief discussion, the issue was
forwarded to MSC 82 for their consideration/action.


13. Illegal, Unreported, and Unregulated (IUU) Fishing: The IMO
Secretariat submitted one paper under this agenda item outlining

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their activities relating to IUU Fishing since the last S/C meeting.
They urged members to become contracting parties to the 1993
Torremolinos Protocol and the 1995 STCW-F Convention with hopes that
this will improve problems associated with safety and IUU Fishing.
The paper also outlined the past and future joint meetings between
the IMO and the Food and Agriculture Organization of the United
Nations. The next joint meeting is to take place in July 2007.
Preparations are ongoing. Some member States expressed their support
for the work carried out by the IMO and FAO to combat IUU Fishing
and promote a safe working environment aboard fishing vessels.

14. Election of Chairman and Vice-Chairman for 2007: The
sub-committee re-elected by acclamation Mrs. Tatjana Krilic of
Croatia as chairman and Captain Guillermo Rangel of Venezuela as
vice-chairman for 2006 and 2007.


15. Next Session: The chairman announced that FSI 14 is tentatively
scheduled for 04-08 June 2007 at the Royal Horticultural Halls and
Conference Centre in London. FSI 14 agreed that the following
working groups are expected to be established at FSI 15: casualty
analysis and review of the Code for the investigation of marine
casualties and incidents, review of the Survey Guidelines under the
HSSC (resolution A.948(23)),and harmonization of port State control
activities and development of guidelines on port State control under
the 2004 BWM Convention. Other major areas of consideration expected
to be discussed during FSI 15 will include: Mandatory Reports Under
MARPOL 73/78; Port reception facilities-related issues,
Comprehensive analysis of difficulties encountered in the
implementation of IMO Instruments, Development of guidelines on port
State control under the 2004 BWM Convention, and Review of the Code
for the investigation of marine casualties and incidents.

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