UNCLAS LONDON 002001


E.O. 12958: N/A
TAGS: EWWT IMO PHSA UK
SUBJECT: IMO: REPORT OF THE 86TH SESSION OF THE MARITIME
SAFETY COMMITTEE: MAY 27 - JUNE 5, 2009


1. Summary. The Maritime Safety Committee (MSC) of the
International Maritime Organization (IMO) held its 86th
session (MSC 86) at IMO Headquarters in London under the
chairmanship of Mr. N. Ferrer (Philippines) on May 27 - June
5, 2009. Regarding armed response to piracy, the MSC
recommends that seafarers should not carry or use firearms
and that the use of armed security teams on board merchant
ships was a matter for flag states (para 8). One-hundred and
three member states, two associate members, two United
Nations specialized agencies, eight intergovernmental
organizations and thirty-eight nongovernmental organizations
participated in the MSC meeting. Major accomplishments of
MSC 86 were:


A. Adoption of amendments to the International Convention
for the Safety of Life at Sea (SOLAS) regarding materials
containing asbestos, bilge pumping arrangements, new
electronic navigational systems and equipment and material
safety data sheets. The Committee also approved the
guidelines on Material Safety Data Sheets (MSDS) and
guidelines on infant life jackets;


B. Approved a circular on a revised guidance to vessels when
submitting security related information;


C. Approved SOLAS amendments and an international
construction standard for the mandatory application of
goal-based standards (GBS) for bulk carriers and oil tankers;


D. Approved four Circulars (two on testing, one on survey
and certification of ships, and one on the Long Range
Identification and Tracking (LRIT) Coordinator's role in
review and audit of the system.) In addition the Committee
deferred development of the continuity of service plan until
MSC 87, keeping the present procedure in place in the
meantime. The Committee also commenced steps to transfer
responsibility for the International Data Exchange (IDE)
operation from the U.S. Coast Guard to a permanent solution,
and authorized the LRIT Ad hoc group to meet between MSC
86-87 to resolve issues between Committee sessions;


E. Approved the procedures amending existing mandatory
instruments. These procedures will be forwarded to the 59th
session of the Marine Environment Protection Committee (MEPC)
for concurrent approval; and


F. Revised the counter-piracy guidance in MSC Circular 622

for governments, MSC Circular 623 for industry and to the
code of practice for investigating incidents of piracy and
armed robbery at sea contained in Assembly Resolution
A.922(22).
END SUMMARY

Adoption of SOLAS Amendments
--------------


2. The Committee agreed to adopt the following SOLAS
amendments to be accepted on 1 July 2010 and enter into force
on 1 January 2011.


A. SOLAS chapters II-1 Regulation 3-5 regarding new
installation of materials containing asbestos. The Committee
forwarded to the Ship Design and Equipment Sub-Committee (DE)
the comments made by the United Kingdom that the definition
of new installation of materials needed further clarification;


B. Amendments to SOLAS chapters II-1 Regulation 35-1 bilge
pumping arrangements;


C. Amendments to SOLAS Chapter V Regulation 19 regarding the
mandatory carriage requirements for additional ship-borne
navigational systems and equipment known as Electronic Chart
Display and Information System (ECDIS); and


D. SOLAS Chapter VI Regulation VI/5-1 regarding the
requirement to carry MSDS when carrying oil or oil fuel.

Measures to Enhance Maritime Security
--------------


3. The Committee took the following actions:


A. The Committee approved a circular on a revised guidance to
companies on the submission of security related information
prior to the entry of a ship into port (MSC.1/Circ.1305) to
include the IMO Company identification number.


B. The Committee agreed to review, at its next session, a
proposed form for the transmission of the security-related
information proposed by the Facilitation Committee's (FAL)
Correspondence Group on Electronic means for the clearance of
ships.


C. The Islamic Republic of Iran provided information on
positive steps it has made in implementing the
security-related instruments and noted failures identified
during verification of at least one member state. Without
naming the member state it is expected that the comments
raised by the Islamic Republic of Iran were directed to the
United States.


D. Several organizations with consultative status
representing the welfare of seafarers noted the difficulties
in relation to shore leave, access to ships, and increased
work load of seafarers caused by the implementation of
security regulations.


E. Several member states including Belgium identified a
number of problems and difficulties encountered with the
issuance of Continuous Synopsis Records (CSR) and proposed
the Committee should issue a circular stressing the need to
observe the guidelines for the maintenance of CSR. The
Committee agreed that it was not possible to develop such a
circular during the session but urged all member states to
strictly adhere to the provisions and bring forward further
cases where the provisions had not been observed.

Goal Based Standards (GBS) for New Ship Construction
-------------- --------------


4. The Committee made substantial progress on this agenda
item, focusing on the development of GBS for the construction
of bulk carriers and oil tankers. A working group was
established and chaired by the United States The Committee
approved SOLAS amendments and an international construction
standard to make goal-based construction standards for bulk
carriers and oil tankers mandatory. Additionally, the
Committee agreed in principle to a pragmatic verification
process based on self-assessment by the rule developer and
audit of the rules by the IMO. The Committee discussed
funding options for GBS audits but was unable to reach a
decision at this session. Accordingly, the Committee agreed
to finalize the Guidelines and further consider funding
issues at MSC 87.

Long Range Identification and Tracking (LRIT)
--------------


5. The Committee took 30 decisions in furtherance of
implementation of LRIT, the most important of which were:
four Circulars, two on testing, one on survey and
certification of ships, and one on the LRIT Coordinator's
role in review and audit of the system. It agreed that
Search and Rescue (SAR) services should be able to receive
LRIT data during phases rather than distress, but delayed
implementation of this decision until MSC 87. It agreed that
the continuity of service plan should be completed by MSC 87.
Finally, it authorized one or more sessions of the LRIT Ad
hoc group between MSC 86 to MSC 87 to decide any necessary
issues arising during implementation of the system. At this
session, in the margins, substantial progress was made on
executing contracts (US - form PO) to acquire data from other
Data Centers (DC) (Marshall Islands, Panama, European
Maritime Safety Agency on behalf of the European Union (EU)
member States, and Liberia) ships between U.S. National Data
Center and other DCs or their contracting governments.

Capacity-building for implementing measures
--------------


6. The committee approved the guidelines recommended by the
Drafting Group on the assessment of capacity-building
implications for the implementation of new and/or, amendment
to existing instruments. The guidelines will be forwarded to
MEPC for concurrent approval. The procedures outlined in the
approved guidelines are an iterative assessment process that
begins at the acceptance of the preliminary proposal and runs
in parallel up to the process of its implementation to
promote universal ratification and compliance. The Committee
agreed to interpret &new and/or, amendments to existing
instruments8 in the Assembly resolution on capacity building
(Resolution A.998(25)) to include only those instruments that
have not yet entered into force.

Formal Safety Assessments (FSA)
--------------


7. At the request of the Committee, the FSA Experts Group
convened to initiate a review of the FSA carried out by
SAFEDOR and submitted by Denmark. The FSAs submitted for
review included cruise ships, Roll-on Roll-off Passenger
(RoPax) Ships, Liquefied Natural Gas (LNG) carriers and
containerships. Within terms of reference asking the Group
to evaluate conformance with the IMO FSA Guidelines, as well
as the resulting recommendations, the Group received
presentations from the submitter and were provided an
opportunity to ask questions and seek additional information.
Following this preliminary review, the Group will meet and
correspond intersessionally to continue its review.

Piracy and Armed Security Teams
--------------


8. The Committee completed revisions on the guidance to
governments and industry on counter-piracy measures and on
the investigation of piracy incidents. With respect to the
carriage and use of firearms on merchant vessels, the revised
guidance confirms that seafarers should not carry or use
firearms and that the use of armed security teams on board
merchant ships was a matter for flag states to determine in
consultation with ship owners and companies, not the IMO.


A. The Committee revised the counter-piracy guidance in MSC
Circular 622 for governments, MSC Circular 623 for industry
and to the code of practice for investigating incidents of
piracy and armed robbery at sea contained in Assembly
Resolution A.922(22). Hostage survival guidance issued by
the United Nations (UN) was included as an annex to Circular

623. A new Circular promulgating industry Best Management
Practices (BMP) developed through the Contact Group on Piracy
off the Coast of Somalia, along with guidance proposed by
France for fishing vessels, was drafted.


B. The revised guidance provides that the carriage and use
of firearms for personal protection or protection of a ship
should be strongly discouraged and that the use of armed
security teams (private or government) on board merchant
ships was a matter for flag states to determine in
consultation with ship owners and companies, not the IMO.
Proposals by some Non-Governmental Organizations (NGO) (led
by BIMCO) to develop detailed IMO standards for the use of
armed security personnel, to address issues such as legal
status, relation with the ship,s master and indemnification,
and certification/level of training, were not supported.
USDEL successfully defeated proposals to provide for advance
notification to coastal states of ships embarking armed
security teams.


C. On the use of the ship,s Automatic Identification System
(AIS), the guidance acknowledges a master's discretion to
turn off AIS for security reasons but the discretion has
limits. Off the coast of Somalia, the MSC Circular issuing
the industry best management practices will provide that
ships should seek current guidance from the Maritime Security
Center-Horn of Africa on the use of AIS. There was a brief
discussion whether the International Ship and Port Facility
Security (ISPS) Code was limited to protecting against
terrorism or whether it included piracy, and, therefore,
whether compliance with the revised MSC piracy guidance was
required within the ISPS Code, but no action was taken.
Finally, the guidance provides for seafarers and their
families to receive appropriate counseling assistance during
and after a hostage incident.

General Cargo Ship Safety
--------------


9. The Committee agreed that the FSA study on general cargo
ships should be reviewed by the FSA Experts Group after the
full study has been finalized. It is anticipated that an
update on the study will be provided to MSC 87. Several
delegations emphasized that the study should investigate the
root causes of casualties on general cargo ships.

Dangerous Goods, Solid Cargoes and Containers (DSC)
-------------- --------------


10. The Committee considered matters from the thirteenth
session of the DSC Sub-Committee and took the following
actions:


A. The Committee approved the procedure for the adoption of
future amendments to the International Maritime Solid Bulk
Cargoes (IMSBC) Code;


B. The Committee instructed the Sub-Committee to review and
amend as necessary the lists of solid bulk cargoes for which
a fixed gas fire-extinguishing system may be exempted or for
which a fixed gas fire-extinguishing systems is ineffective
(MSC/Circ.1146);


C. The Committee agreed to consider at DSC 14 amendments to
the Safe Practice for Cargo Stowage and Securing (CSS) Code
to include dimensions for lashing position design, the need
for an appropriate FSA, and application and definition to new
and existing ships; and


D. The Committee approved the circular regarding corner
fittings, on Amendments to the Guidance on serious structural
deficiencies in containers (CSC.1/Circ.137).

Radiocommunications and Search and Rescue (COMSAR)
-------------- --------------


11. The Committee considered matters from the thirteenth
session of the COMSAR Sub-Committee and took the following
actions:


A. The Committee approved the Revised Joint IMO/
International Hydrographic Organization (IHO)/ World
Meteorological Organization (WMO) Manual on Maritime Safety
Information (MSI) (MSC.1/Circ.1310);


B. The Committee instructed the Sub-Committee on Safety of
Navigation (NAV) to consider issues related to the status of
the current Automatic Identification System (AIS) frequencies
and to consider future spectrum requirement with respect to
e-navigation and advise COMSAR 14 accordingly;


C. The Committee instructed DSC 14 to consider the issue of
tracking and identification of cargo containers and advise
COMSAR 14 accordingly;


D. The Committee endorsed the re-establishment of the Joint
IMO/ International Telecommunication Union (ITU) Experts
Group;


E. The Committee endorsed the action requesting the
Secretariat to issue the List of rescue coordination centers
(RCCs) associated with Inmarsat land earth stations (LESs)
(COMSAR.1/Circ.47) and recognizing the routine nature of the
information, authorized the Secretariat to revise and issue
annual updates to this list, without bringing it first to the
attention of the Sub-Committee for approval;


F. The Committee approved draft amendments to the technical
specifications for communications within the LRIT system and
the amendments to MSC.1/Circ.1297 and agreed that SAR
services should be able to request and receive LRIT
information in case other than those specified in regulation
V/19-1.12. The implemented date for these amendments will be
decided, at the Committee's next session;


G. The Committee approved the terms of reference and
provisional agenda for the sixteenth session of the
International Civil Aviation Organization (ICAO)/IMO Joint
Working Group on Harmonization of Aeronautical and Maritime
SAR; and


H. The Committee endorsed the action in requesting the
Secretariat to issue the circular on AIS safety-related
messaging (COMSAR.1/Circ.46).

Training and Watchkeeping (STW)
--------------


12. The Committee considered matters from the fortieth
session of the STW Sub-Committee and took the following
actions:


A. The Committee requested the Secretary-General take
appropriate action to convene the diplomatic conference in
the Philippines in June 2010 to adopt the amendments to the
STCW Convention and Code. The Committee approved, in
principle, the preliminary draft revised text of the
Standards of Training, Certification and Watchkeeping (STCW)
Convention and Code and authorized STW 41 to finalize the
draft revised text for consideration at the diplomatic
conference. The Committee approved the convening of an ad hoc
intersessional meeting 7 to 11 September 2009 chaired by the
United States to progress work on the comprehensive review of
the STCW Convention and Code.

Fire Protection (FP)
--------------


13. The Committee considered matters from the fifty-third
session of the FP Sub-Committee and took the following
actions:


A. The Committee approved MSC.1/Circ.1312 on Revised
Guidelines for the performance and testing criteria, and
surveys of foam concentrates for fixed fire-extinguishing
systems;


B. The Committee approved draft amendments to chapter 1 of
the Fire Safety Systems (FSS) Code, in order to make it clear
that amendments to the Code;


C. The Committee approved the draft amendments to chapter 10
of the FSS Code, regarding sample extraction smoke detection
systems;


D. The Committee approved the draft new chapter 16 of the
FSS Code on matters related to fixed hydrocarbon gas
detection systems;


E. The Committee approved MSC.1/Circ.1314 on Application of
SOLAS regulation II-2/10 and chapter 12 of the FSS Code
related to emergency fire pump capacity;


F. The Committee adopted resolution MSC.284(86) on
Amendments to the Revised Guidelines for approval of
sprinkler systems equivalent to that referred to in SOLAS
regulation II-2/12 (resolution A.800(19)) to clarify the
application of the amendments to the Revised Guidelines
adopted by resolution MSC.265(84);


G. The Committee approved MSC.1/Circ.1315 on Guidelines for
the approval of fixed dry chemical powder fire-extinguishing
systems for the protection of ships carrying liquefied gases
in bulk;


H. The Committee approved MSC.1/Circ.1316 on Guidelines on
determining the no observed adverse effect level (NOAEL) and
lowest observed adverse effect level (LOAEL) values for
halocarbon fire-extinguishing agents, referred to in
MSC.1/Circ.1267 on Amendments to the Revised Guidelines for
approval of equivalent fixed gas fire-extinguishing systems,
as referred to in SOLAS 74, for machinery spaces and cargo
pump-rooms (MSC/Circ.848);


I. The Committee approved MSC.1/Circ.1317 on Application for
existing approvals according to the Revised Guidelines for
the approval of equivalent fixed gas fire-extinguishing
systems, as referred to in SOLAS 74, for machinery spaces and
cargo pump-rooms (MSC/Circ.848);


J. The Committee approved MSC.1/Circ.1319 on Recommendation
for the evaluation of fire performance and approval of large
fire doors;


K. The Committee approved the draft amendments to SOLAS
chapter II-2, which would make the 2010 Fire Test Procedures
(FTP) Code mandatory, for consideration, with a view to
adoption, at MSC 88, in conjunction with the adoption of the
draft Code;


L. The Committee approved MSC.1/Circ.1320 on Guidelines for
the drainage of fire-fighting water from closed vehicle and
roll-on roll-off spaces and special category spaces of
passenger and cargo ships, to assist Administrations in the
implementation of the amendments to SOLAS regulation II-2/20,
adopted by resolution MSC.256(84);


M. The Committee approved MSC.1/Circ.1321 on Guidelines for
measures to prevent fires in engine-rooms and cargo
pump-rooms;


N. The Committee approved MSC.1/Circ.1322 on Unified
interpretations of SOLAS chapter II-2; and


O. The Committee approved the draft amendments to SOLAS
regulation II-2/4.5.7, regarding gas measurement and
detection for consideration, with a view to adoption, at MSC

87.

Bulk Liquids and Gases (BLG)
--------------


14. The Committee considered matters from the thirteenth
session of the BLG Sub-Committee and took the following
actions:


A. The Committee approved amendments to the revised
standards for the design, testing and locating of devices to
prevent the passage of flame into cargo tanks in tankers
(MSC/Circ.677 and MSC.1/Circ.1324) and


B. The Committee approved a circular on missing information
on apparatus groups in column &i" of chapter 17 of the
International Bulk Carrier (IBC) Code (MSC.1/Circ.1325).

Ship Design and Equipment (DE)
--------------


15. The Committee considered matters from the fifty-second
session of the DE Sub-Committee and took the following
actions:


A. The Committee approved, subject to MEPC,s concurrent
decision, the draft Assembly resolution on Adoption of the
Code on Alerts and Indicators, 2009 for submission to the
twenty-sixth session of the Assembly for adoption;


B. The Committee approved the draft Assembly resolution on
Adoption of the Code for the Construction and Equipment of
Mobile Offshore Drilling Units, 2009, for submission to the
twenty-sixth session of the Assembly for adoption;


C. The Committee approved MSC.1/Circ.1326 on the
clarification of SOLAS regulation III/19, providing guidance
on lifeboat launching during abandon ship drills;


D. The Committee approved draft amendments to the
Life-Saving Appliances (LSA) Code, concerning new
requirements for on-load release mechanisms and the assumed
weight of persons, to be applied to liferafts and to SOLAS
chapter III, concerning replacement of existing on-load
release mechanisms;


E. The Committee approved draft amendments to the Revised
recommendation on testing of life-saving appliances
(resolution MSC.81(70)), concerning the increase in the
assumed weight of persons to be applied to life-saving
appliances;


F. The Committee approved MSC.1/Circ.1327 on Guidelines for
the fitting and use of fall preventer devices (FPDs);


G. The Committee approved MSC.1/Circ.1328 on Guidelines for
the approval of inflatable liferafts subject to extended
service intervals not exceeding 30 months;


H. The Committee approved MSC.1/Circ.1329 on Guidelines for
uniform operating limitations of high-speed craft;


I. The Committee approved MSC.1/Circ.1330 on Guidelines for
maintenance and repair of protective coatings;


J. The Committee approved the draft new SOLAS regulation on
Corrosion protection of cargo oil tanks of crude oil tankers;
and


K. The Committee approved MSC.1/Circ.1331 on Guidelines for
construction, installation, maintenance and inspection/survey
of accommodation ladders and gangways.

Flag State Implementation (FSI)
--------------


16. The Committee considered matters from the seventeenth
session of the FSI Sub-Committee and took the following
actions:


A. The Committee continued to note the development of the
Code for Recognized Organizations (RO). In conjunction with
this item, concern was expressed by several IMO Members on
the implications of Article 10 of the European Parliament and
Council Regulation on common rules and standards for ship
inspection and survey organizations which entered into force
on 17 June 2009. Sweden indicated they were deeply concern by
the comments raised by Member States. The USDEL informed the
Committee that they had communicated separately with the EU
on this issue and had just recently received a reply which
they found unsatisfactory and unresponsive to the concerns
raised by many Member States. In the reply the EU
acknowledged that Article 10 would apply to all
classification work by all EU ROs, regardless of the flag of
the ship. Several other delegations made further references
to the provisions contained in the United Nations Convention
on the Law of the Sea (UNCLOS), in particular, article 94 on
flag state,s obligations and infringement in the historical
relationship between flag Administrations and ROs, the
creation of an oligopoly of EU ROs and the alternative
opportunity which could have been used, by EU countries, to
reach their objectives through the development of the Code
for Recognized Organizations. The Committee expressed concern
and invited interested Member States to submit information on
developments relevant to this issue.


B. The Committee approved, subject to MEPC,s concurrent
decision, the draft circular on general guidance on the
timing of replacement of existing certificates by the
certificates issued after the entry into force of amendments
to certificates in IMO instruments.


C. The Committee approved, subject to MEPC,s concurrent
decision, the draft amendments to the Code for the
Implementation of Mandatory IMO Instruments, 2007 and the
associated draft Assembly resolution for submission to the
twenty-sixth session of the Assembly for adoption and invited
the Council to note the above developments

Work program
--------------


17. The Committee approved the provisional agenda for BLG
14, DSC 14, FP 54, FSI 18, COMSAR 14, NAV 55; DE 53; SLF 52;
and STW 41.


A. In particular, the Committee agreed to include, as a high
priority, the following new work program items proposed by
the United States;

1) For the FP and DE a proposal for non-mandatory guidelines
regarding a visible element to the general emergency alarm on
passenger ships to accommodate passengers who are deaf or
hard of hearing;

2) For COMSAR, a proposal to revise the performance
standards for float-free satellite Emergency Position
Indicating Radio Beacons (EPIRB) and a proposal to review the
elements and procedures of the Global Maritime Distress
Safety System (GMDSS); and

3) For NAV, a proposal to amend the World-Wide
Radionavigation System.


B. Additional new work programs items agreed to by the
Committee include the installation of equipment for detection
of radioactive sources and radioactive contaminated objects
in ports; a revision to the provisions for helicopter
facilities; means for recharging air bottles for air
breathing apparatus; review of the principles for
establishing the safe manning levels; amendments to the
Loadline Convention; new symbols for AIS aids to navigation;
application of amendments to SOLAS chapter III and the LSA
Code; development of a mandatory Code for ships operating in
polar waters; testing of watertight compartments; electrical
installations; and amendments to shift the Winter Seasonal
Zone off the southern tip of Africa further southward by 50
miles to allow tankers to round the Cape of Good Hope on
their summer marks all year round.

Chairman election
--------------


18. The Committee unanimously re-elected Mr. Neil Ferrer
(Philippines) as Chairman, and Mr. Christian Breinholt
(Denmark) as Vice-Chairman, for 2010.

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

19. MSC 87 is scheduled for 12-21 May 2010 in London, United
Kingdom. Major issues to be discussed at MSC 87 include
adoption of amendments to SOLAS, maritime security,
goal-based new ship construction standards, and long range
identification and tracking (LRIT). The MSC will also
consider the reports of nine subcommittees and establish
working groups on goal-based new ship construction standards,
LRIT, and maritime security or human element.

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