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08LONDON2035
2008-08-05 11:52:00
UNCLASSIFIED
Embassy London
Cable title:  

IMO: FLAG STATE IMPLEMENTATION SUB-COMMITTEE -

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RUWDQAC/COMDT COGARD WASHINGTON DC//CG-543/CG-62/CG-7M//
UNCLAS LONDON 002035 

SIPDIS

STATE PLEASE PASS TO DOJ, MARAD AND NTSB

E.O. 12958: N/A
TAGS: AORC EWWT PHSA UK TU JA

SUBJECT: IMO: FLAG STATE IMPLEMENTATION SUB-COMMITTEE -
REPORT OF THE 16TH SESSION, LONDON, 2 - 6 JUNE 2008.

UNCLAS LONDON 002035

SIPDIS

STATE PLEASE PASS TO DOJ, MARAD AND NTSB

E.O. 12958: N/A
TAGS: AORC EWWT PHSA UK TU JA

SUBJECT: IMO: FLAG STATE IMPLEMENTATION SUB-COMMITTEE -
REPORT OF THE 16TH SESSION, LONDON, 2 - 6 JUNE 2008.


1. SUMMARY: The International Maritime Organization (IMO)
16th Session of the Flag State Implementation Sub-
Committee (FSI 16) met at IMO Headquarters, London, UK.
Mrs. Tatjana Krilic of Croatia chaired the meeting. The
meeting was attended by eighty members, three associate
members, one state not a member of the IMO, one United
Nations specialized agency, eight intergovernmental
organizations and seventeen nongovernmental
organizations. FSI 16 agreed to:

-- The draft amendments to the Survey Guidelines under
the Harmonized System of Survey and Certification (HSSC)
resolution A.997(25) and the identification of amendments
to mandatory instruments that would affect the HSSC and
the status of their adoption or entry into force.

-- The text of the draft Maritime Safety Committee (MSC)
circular on the meaning of "First Survey" to supersede
MSC/Circ.1141 to be submitted to MSC 85 (November 26 -
December 5, 2008) for approval
-- The text of the draft MSC circular on unified
interpretation of the application of regulations governed
by the building contract date, the keel laying date and
the delivery date for the requirements of the Safety of
Life at Sea (SOLAS) and the Maritime Pollution Prevention
(MARPOL) Conventions to be submitted to Marine
Environmental Protection Committee MEPC 58 (October 6-10,
2008) and MSC 85 for approval.

-- The draft MSC/MEPC circular on blanking (sealing) of
bilge discharge piping system in port.

-- FSC 16 prepared a draft amendment to MSC-MEPC.3/Circ.1
based on the revision of the IMO Damage Card.
END SUMMARY

Decisions of other IMO Bodies
--------------

2. The Secretariat gave an overview of the Strategic Plan
and High-Level Action Plan of the Organization and its
relationship to the FSI and other IMO bodies.
Specifically, how each IMO body must take the goals of
the organization into account during the development and
monitoring of their planned outputs.

Responsibilities of Governments and
Measures to Encourage Flag State Compliance
--------------

3. Meeting document 16/3/1, presented by the Secretariat,
proposes that IMO create a database of non-mandatory

instruments implemented by Member States. The USDEL
intervened and expressed our concern that the Global
Integrated Shipping Information System (GISIS) module, as
proposed, would create unnecessary expectations on Member
States to provide details of implementing national
legislation for non-mandatory instruments. Other Member
States agreed with our position and there was very
limited support for the creation of this module. However,
the Secretariat provided additional background on how
this information would benefit developing states, and the
S/C agreed to the creation and voluntary population of
the GISIS module. Significant discussions under this
agenda item took place while the S/C reviewed various
studies of Port State Control (PSC) data. These studies
attempted to show a connection between casualty and other
performance indicators and substandard vessels. A
Drafting Group was established to develop terms of
reference for a comprehensive study to be completed by an
outside, expert organization. The Secretariat had
recommended the World Maritime University (WMU) as the
expert organization. However, the USDEL and others felt
that restricting ourselves to the WMU was unwise and that
a solicitation of other expert organizations may reduce
the cost and identify parties with greater expertise in
this area. This was agreed upon and FSI 17 will review
the submitted proposals and decide which organization is
best to carry out this work.

Mandatory Reports under MARPOL
--------------

4. FSI 16 noted that only 34 parties (including the
United States) and one associate member had submitted the
required reports for 2006, approximately a 25% compliance
rate. The S/C agreed that the compliance rate was
disappointing in spite of simplification of the reporting

form and again urged members to fulfill their
obligations. Member States were encouraged to comply with
the annual reporting requirements for MARPOL 73/78, as
outlined in MEPC/Circ.318.

Port Reception Facilities-Related Issues
--------------

5. The coordinator of the correspondence group (Portugal)
updated the S/C on the progress under its terms of
reference. Specifically, four of the eight assigned tasks
remain to be addressed. The S/C agreed that the
correspondence group should continue and instructed it to
report its work to FSI 17 for further consideration by
the S/C. At the request of the Secretariat and
Chairperson, the USDEL agreed to serve as coordinator for
the reestablished correspondence group. Portugal had
previously asked to relinquish that role.

Casualty Statistics and Investigations
--------------

6. The S/C considered the report of the Correspondence
Group on Casualty Analysis, confirmed the analyses of
casualty reports, authorized their release, and approved
the lessons learned for presentation to seafarers and
posting on the IMO website. The S/C prepared a draft
amendment to MSC-MEPC.3/Circ.1 based on the revision of
the IMO Damage Card by the 49th Session of the Sub -

Committee of Stability, Loadlines, and Fishing Vessel
Safety (SLF) and on the need for harmonization of
terminologies for submission to MSC 85 and MEPC 58. In
considering the issues involved in the fire on the roll
on/roll off (ro-ro) cargo ship UND ADRIYATTIK, the S/C
agreed that Turkey and Croatia should be commended for
their efforts and for responding with a preliminary
report very soon after the accident, and that the
preliminary findings should be provided to the Fire
Protection (FP) and Ship Design and Equipment (DE) Sub-
Committees. The S/C considered the investigation report
on the catastrophic structural failure of the
containership MSC NAPOLI, and recommended to the MSC that
the accident report be referred to the Sub-Committee on
Ship Design and Equipment and the Joint MEPC-MSC Working
Group on the Human Element, national maritime
administrations be invited to share the report's
recommendations with their vessel owners and operators,
and International Association of Classification Societies
(IACS) be requested to provide an update on its review of
relevant standards. The S/C also noted the work by
Incident Command System (ICS) to develop a Code of Good
Practice for the Container Shipping Industry, and
recommended that MSC consider further appropriate action
when the Code is completed. The S/C noted the information
provided on the recovery of the Vessel Data Recorder
(VDR) from the sunken AL SALAM BOCCACCIO '98, discussed
the difficulties expressed by several delegations with
the operation of VDRs, and invited members to provide
additional information at the next session. The
correspondence group on casualty analysis was re-
established.

Harmonization of Port State Control (PSC)
--------------

7. PSC Regional Memoranda of Understanding (MOUs)
presented statistics regarding their activities in 2006
and 2007. The USDEL presented an oral report of our 2007
statistics. The S/C requested that all PSC MOUs and the
United States submit annual reports to FSI 17. In
addition, discussed harmonized annual reports and
referred the issue to the working group. FSI 15
established an intersessional correspondence group to
further the work in PSC harmonization efforts.
Unfortunately, the Polish chairmanship of the
correspondence group - like the Russian chairmanship
before it, did not move any issues forward, so very
limited work was completed in this important area for
more than two years. FSI 16 reestablished the
correspondence group with Australia as coordinator, and
we have submitted our contact information to participate.
We are hopeful that significant progress will be made
intersessionally. The United States made an intervention
regarding our efforts to create the Caribbean Cargo Ship
Safety Code for non-SOLAS vessels showing that such
regional efforts can be used for a harmonized approach to
these types of vessels. The Secretariat has asked that
these types of agreements or codes be submitted to the

Organization for recordkeeping purposes. Finally, there
were significant discussions on the harmonization efforts
of Member States for information coding systems (for data
exchange) and examination procedures. Due to the limited
time provided to the working group it was decided that
these issues should be referred to the correspondence
group.

Development of Guidelines on Port State Control
-------------- --

8. With respect to the 2004 Ballast Water Management
(BWM) Convention, USDEL suggested that it was premature
to develop these guidelines in light of the significant
substantive issues yet to be resolved, such as the
guidelines for ballast water sampling (G2),the available
time prior to prospective entry into force, and the large
amount of other work assigned to the PSC working group.
USDEL further suggested deferring further work on this
item until FSI 17, but that a correspondence group might
be a useful way to proceed. There was support for the USG
statement, including from ICS, which has played a very
significant role in the development of the BWM Convention
implementation efforts. The S/C tasked the PSC
correspondence group with advancing this item and
reporting to FSI 17.

PSC Guidelines on seafarers' working hours
--------------

9. No substantive discussion under this agenda item. FSI
16 briefly reviewed the submission on the outcome of
Standards of Training, Certification and Watchkeeping
(STW) 39 and deferred further discussion of this matter
until after MSC 85 had reviewed STW 39's comments. The
Secretariat also provided information on the upcoming
International Labor Organization (ILO) meeting on the
development of Flag State and Port State Guidelines for
the implementation of the ILO's Maritime Labor
Convention, 2006.

Comprehensive analysis of difficulties
encountered in the implementation of IMO instruments
-------------- --------------

10. The Secretariat briefly discussed the issue of Self
Assessment Forms (SAFs),particularly those submitted to
the IMO. The Secretariat encouraged Member States to
submit new or updated SAFs to the Organization. There was
discussion on the removal of this agenda item from the
work program due to the limited number of documents
submitted in past years. However, the consensus was to
retain the agenda item and use it to capture the issues
identified by the auditors during the Voluntary Member
State Audit Scheme (VMSAS) audits.

Review of the Survey Guidelines
under the HSSC Resolution A.997(23)
--------------

11. The coordinator of the correspondence group (France)
updated the Sub-Committee on the progress under its terms
of reference. There are two ongoing tasks for the group,
updating the non-mandatory guidance contained in the
Harmonized System of Survey and Certification (HSSC) and
updating the Code for the Implementation of IMO Mandatory
Instruments (Resolution A.996(25)). At the request of the
MSC 83 and MSC 84, the correspondence group and the
working group were tasked to consider a proposal by the
Bahamas and Cruise Line International Association (CLIA)
to allow passenger/cruise ships to be drydocked out of
the water only once every five years instead of twice
every five years as recommended by the current HSSC. The
United States and Panama had sponsored a paper at last
year's FSI meeting to formally establish guidance that
passenger ships should come out of the water for
examination at least twice in a five-year period, but not
more than three years between and two drydockings. The
United States/Panama proposal was accepted and is now
part of the HSSC. The Bahamas and Cruise Lines
International Association (CLIA),having failed to gain
majority support at FSI 16 and in the correspondence
group, seek to reopen the discussion. The FSI Chairman
postponed consideration of this issue to next year's FSI
meeting pending an intermediate technical review by the
Ship Design and Equipment Sub-Committee on the matter. A
proposal by the Republic of Korea to require annual
testing of the Automatic Identification System (AIS) by a
radio technician was not adopted. The working group

accepted a list of technical amendments to the HSSC and
to the list of IMO mandatory instruments that came into
force over the course of the past year.

Consideration of IACS Unified Interpretations
--------------

12. This issue was addressed as part of the HSSC working
group. International Association of Classification
Societies (IACS) submitted a paper that defined the first
survey of a ship to be the survey conducted at the end of
construction. This was significant because some new IMO
regulations become effective at the first survey of a
ship after the new requirements come into force. Some
Flag Administrations and ship owners had contended that
the first survey is the first annual survey that occurs
after the ship is initially certificated vice the survey
for issuance of the initial certificate. The United
States supported the IACS proposal, which was adopted, as
reflective of the true intent of the term "first survey."

Illegal, Unreported, and Unregulated (IUU)
Fishing and Implementation of Resolution A.925(22)
-------------- --------------

13. The IMO Secretariat submitted one paper under this
agenda item outlining its activities relating to IUU
Fishing since the last FSI meeting. The Secretariat urged
members to become contracting parties to the 1993
Torremolinos Protocol and the 1995 Standards of Training,
Certification & Watchkeeping - Fishing Vessels (STCW-F)
Convention with hopes that this would reduce problems
associated with safety and IUU Fishing. The paper also
provided information on past and future joint meetings
between the IMO and the UN Food and Agriculture
Organization (FAO). The FAO spoke at length regarding its
activities and how the IMO and its Member States have
assisted in providing necessary expertise in an effort to
reduce IUU Fishing. 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.

Review of the Code for the
Implementation of Mandatory IMO Instruments
--------------

14. There were two substantive issues under this agenda
item. First, review of the applicability of existing IMO
instruments to floating production, storage and
offloading facilities (FPSOs) and floating storage units
(FSUs). And further, the need to create a separate set of
guidelines or a code for these vessel types. The majority
of the Member States felt that the existing instruments
were sufficient and also recognized the sovereignty of
Coastal States in defining their own requirements for
such vessels operating in their waters. However, there
were a small number of Member States that voiced concern
that they do not possess the necessary expertise within
their maritime administrations to implement appropriate
requirements, when acting as a Coastal State. As a
result, the S/C requested interested Member States to
make submissions to MSC 85 for review and action as
appropriate. It was noted that the Oil Companies
International Marine Forum (OCIMF) will submit a meeting
document to MSC 85 containing guidelines for use by
Coastal States, owners and operators for the safe
operation of these vessels. OCIMF has informally asked
for U.S. support of this paper. The second substantive
issue related to the development of Voluntary Member
State Audit Scheme (VMSAS) audit summary reports. Due to
the high priority of this task, a drafting group under
U.S. chairmanship was established. The drafting group
created the terms of reference for the intersessional
correspondence group to move the issue forward. The
United Kingdom will chair the correspondence group and
the United States will participate.

Work Program and Agenda for FSI 17
--------------

15. There was substantial debate over the work program and
in particular with regard to the number and specific
designation of working groups, drafting groups, and
correspondence groups. Several open registry delegations
repeated their familiar concerns that the S/C was
establishing too many groups, given the rules of the
organization. This has become a recurrent theme at IMO
sessions of all levels. There was robust debate over

reconciling the provisional agenda for FSI 17 with the
actual work program for the S/C and its references to the
high level action plan for the organization. Japan
introduced its paper calling for development of a code
governing demonstrations/campaigns against ships on the
high seas. Significant discussion occurred about this item
on the margins, including at MSC 84, on how best to deal
with this tasking from MSC 82. Ultimately, Japan chose to
introduce its paper with a recommendation to allow the
Safety of Navigation (NAV) Sub-Committee, which is
designated as the coordinator, to consider the issue prior
to FSI engaging in any substantive way. This
recommendation was consistent with the USG position and
was quickly agreed by the S/C as the appropriate course of
action. The USDEL to NAV 54 has been briefed on the issue
and is prepared to suggest a statement or resolution from
the organization as a more appropriate output than a code,
as MSC has directed. If NAV adopts this approach, the
USDEL for MSC 85 will need to be prepared accordingly,
when the report from NAV 54 is considered.

Election of Chairman and Vice-Chairman for 2009
-------------- --

16. The Sub-Committee reelected by acclamation Mrs.
Tatjana Krilic of Croatia as chairman and Captain Dwain
Hutchinson of the Bahamas as vice-chairman.

Other Business
--------------

17. Secretariat staff briefly introduced various items
related to the IMO's Global Integrated Shipping
Information SYSTEM (GISIS). In particular, they noted the
use of their new functionality for online update of
National Points of Contact and the current status of
usage for the Port Reception Facility Database module.
The United States supports the efforts of the IMO in the
use of GISIS and its future developments. We are regular
contributors to various modules of the system, and we are
working closely with the IMO regarding the upload of our
many reception facilities into their new database.

Next Session
--------------

18. The chairman announced that FSI 17 is tentatively
scheduled for 20-24 April 2009 at IMO Headquarters in
London. FSI 16 agreed that the following working groups
are expected to be established at FSI 17: casualty
analysis, review of the Survey Guidelines under the HSSC
(resolution A.948(23)) and the Code for implementation of
mandatory IMO instruments, and harmonization of PSC
activities. Other major areas of consideration expected
to be discussed during FSI 17 will include: Consolidated
Audit Summary Reports; PSC Guidelines for the 2004 BWM
Convention; Port reception facilities-related issues and
comprehensive analysis of difficulties encountered in the
implementation of IMO Instruments.
LEBARON