Sub-Committee on Implementation of IMO Instruments (III), 6th session (1-5 July 2019)
Draft resolutions to support implementation finalized
The Sub-Committee, which reports to the Maritime Safety Committee (MSC) and the Marine Environment Protection Committee (MEPC), finalized updates to three key instruments which assist in the implementation of IMO instruments. The Survey Guidelines under the Harmonized System of Survey and Certification, 2019; the 2019 Non-exhaustive list of obligations under instruments relevant to the IMO instruments implementation Code (III Code); and the Procedures for port State control, 2019 will be forwarded for adoption by the IMO Assembly at its thirty-first session in November-December 2019.
IMO Member State Audit Scheme - guidance on communicating information
Reporting of information has been identified as a key area for improvement in the analysis of the first consolidated audit summary report, which analysed audit findings from mandatory audits conducted during 2016.
To help improve reporting, the Sub-Committee finalized a draft Assembly resolution on Guidance on communication of information by Member States, for submission to the IMO Assembly for adoption.
The guidance aims to facilitate compliance by Member States with the communication of information requirements under various IMO instruments and to assist them in fulfilling their reporting obligations more effectively. In particular, the guidance recommends that Member States establish a reporting system by identifying the obligations for communication of information under IMO instruments and assigning related responsibilities among relevant entities participating in the implementation and enforcement of the applicable IMO instruments.
The Sub-Committee requested the Committee to include in its agenda a new output on "Development of guidance in relation to IMSAS to assist in the implementation of the III Codeʺ.
Revised Model Agreement for the authorization of recognized organizations agreed
The Sub-Committee, following further review carried out at the request of the Committees, agreed the revised Model Agreement for the authorization of recognized organizations acting on behalf of the Administration, to be issued as a draft MSC-MEPC circular. The draft will be submitted to MEPC 75 and MSC 102 for approval.
Exempting UNSP barges from HSSC
The Sub-Committee agreed draft amendments to MARPOL Annexes I, IV and VI concerning the exemption of Unmanned non-self-propelled (UNSP) barges from survey and certification requirements, for submission to MEPC 75 for approval. Also agreed was a related draft MEPC.1 circular on Guidelines for exemption of unmanned non-self-propelled barges from the survey and certification requirements under the MARPOL Convention, for submission to MEPC 75 for consideration and approval.
Harmonizing port State control (PSC)
The Sub-Committee identified potential subject matters that could be addressed by the eighth IMO Workshop for PSC MoU/Agreement Secretaries and Database Managers workshop (PSCWS 8), envisaged to take place in the second half of 2020.
The workshop is likely to discuss: in-depth analysis of annual PSC reports; duplication of inspection information in a port of a State that is a member of more than one PSC regime; issues related to GISIS, including the data exchange between PSC regimes and the IMO Global Integrated shipping Information system (GISIS) and facilities to upload deficiencies that have been corrected, and their possible follow-up; possible harmonization of Review Procedures in case of detention; possible harmonization of Ship Risk Profile, Targeting Factors for PSC and RO Responsibility; possible impact on PSC in follow-up to analyses of the consolidated audit summary reports from the IMO Member State Audit Scheme (IMSAS); and information update on ILO- and MLC, 2006-related matters.
The Sub-Committee reviewed annual reports received from all nine regional PSC regimes and noted that 90,308 inspections were carried out in 2017, with 2,583 detentions reported to have taken place. The overall detention rate was 2.86% in 2017.
Training Manual for PSC personnel
The Sub-Committee agreed to propose that the Committees include in the III agenda a new output on "producing a new entrant training manual for PSC personnel". development of the manual would promote a harmonized training scheme to develop the competences of port State control officers and facilitate global harmonization of the PSC inspection procedure.
Review and analysis of maritime casualties
The Sub-Committee considered the analysis of 27 reports of investigation into casualties. Three potential safety issues were identified as needing further work, related to: fatal accidents involving elevators; collisions involving fishing vessels; and falls from height.
There was also agreement on the need for further consideration of issues related to safe pilotage practice. The Sub-Committee identified a need for more information, not limited to ultra large container ships, on the shortcomings of master-pilot exchange; technical issues related to the performance of rudders, propellers, etc; and commercial pressure and performance indicators.
The Sub‑Committee reminded Member States to submit reports of investigation, particularly on very serious casualties, in order to assist a more global analysing process.
The taxonomy of the GISIS module on marine casualties and incidents is currently being re developed. Once this is complete, the Sub-committee will continue discussions on possible ways to achieve comprehensive reporting and a strategy for increasing the reporting rate of very serious marine casualties and the collection of casualty data to support trend analysis.
The Sub-Committee will also consider the need for a robust strategy on the wider collection and utilization of casualty data.
Alleged inadequacies of port reception facilities
The Sub-Committee considered summary information on 96 reported cases of alleged inadequacies of port reception facilities, as posted in GISIS for the year 2018 (21 more cases than in 2017), received from six flag States, one Associate Member, and one territory of the United Kingdom.
The Sub-Committee recalled that the compliance of ships with the discharge requirements of MARPOL depends largely on the availability of adequate port reception facilities, especially within MARPOL Special Areas, and that each Party to MARPOL is required to notify the Organization, for transmission to the port State concerned, of all cases where the facilities are alleged to be inadequate.
The first consolidated audit summary report (CASR) under IMSAS showed that the lack of provision of port reception facilities, in particular under MARPOL Annexes I, IV and V, is among the most recurrent of MARPOL‑related audit findings. In response to this, the Sub-Committee noted that the Secretariat, through the Organization's Integrated Technical Cooperation Programme (ITCP), supports the presence of adequate reception facilities in developing countries to prevent the pollution of the marine environment.
The Sub-Committee agreed on the importance of reporting alleged inadequacies of reception facilities to the Organization, notably to progress IMO efforts to reduce pollution caused by marine plastic litter from ships, under the IMO Action Plan to address marine plastic litter from ships, adopted by MEPC. Investigations into reports of alleged inadequacies of port reception facilities will facilitate the identification of themes relating to the delivery and handling of plastic waste.
Next session to consider CASR and IUU fishing
In addition to its continuous work on casualties, PSC and survey and certification, the Sub-Committee, at its next session, will be expected to consider in detail the analysis of the second consolidated audit summary report and the outcome of the Fourth session of the Joint FAO/ILO/IMO Ad Hoc Working Group on Illegal, Unreported and Unregulated (IUU) Fishing and Related Matters, to be held in Torremolinos, Spain in October 2019, following the Ministerial Conference on Fishing Vessel Safety and IUU fishing..