ISSUE 6 July 2011Witherby Seamanship International STCW 2011 What are the changes? Lifeboat Release HooksVirtual ArrivalEU Insurance Directive SHIPPING REGULATIONSand Guidance A PERIODICAL FOCUS ON Interim Guidance For the use of Armed Security Personnel On Board Ship Fixed and Portable Gas Detectors Terms of Use This periodical ‘Shipping Regulations & Guidance’ has been prepared by Witherby Seamanship. All readers of this periodical should be aware that this information has been compiled from a variety of sources, which cannot be guaranteed to re?ect the most up-to-date information on the subject concerned or to incorporate all of the industry’s points of view. 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ContactsContents Welcome WITHERBY Head Of?ce: 4 Dunlop Square, Livingston, Edinburgh, EH54 8SB, Scotland, UK Interim Guidance on the use of Armed Security Personnel On Board Ship ............................................1 Extracts from the Interim Guidance ...........................................13 The Shipmaster’s Perspective ...................................................15 Entry into Force Dates .........................................................................17 Regulations Coming into Force..................................................17 Regulations Applicable to New Builds........................................22 Regulations Recently Entered Force .........................................26 What’s Happening at IMO ...................................................................32 Programme of Meetings 2011 ....................................................32 IMO Conventions, Not Yet Entered Into Force ...........................34 IMO Action Dates .......................................................................35 MSC 89 ......................................................................................37 MEPC .........................................................................................39 MSC and MEPC Sub-Committees .............................................41 BLG ......................................................................................41 COMSAR ..............................................................................41 DE .........................................................................................42 DSC ......................................................................................42 FP .........................................................................................43 FSI ........................................................................................43 SN or NAV ............................................................................44 SLF .......................................................................................44 STW ......................................................................................44 New Regulations Concerning Lifeboat Release Systems ...................46 Fixed and Portable Gas Detection Requirements ..............................51 EU Insurance Directive .......................................................................54 STCW 2011 What are the Changes? ..................................................56 IACS Harmonised Rules ......................................................................64 Goal-Based Standards ........................................................................66 2010 Guidelines for Survey and Certi?cation of Anti-Fouling on Ships.......................................................................67 Virtual Arrival the Sensible Solution .....................................................69 Other Maritime Regulations and Guidance .........................................73 Recently Published Guidance for Shipping .........................................80 ISSUE 6 July 2011Witherby Seamanship International STCW 2011 What are the changes? Lifeboat Release HooksVirtual ArrivalEU Insurance Directive SHIPPING REGULATIONSand Guidance A PERIODICAL Witherby Seamanship International 4 Dunlop Square, Livingston, Edinburgh, EH54 8SB, Scotland, UK Tel No: +44(0)1506 463 227 Fax No: +44(0)1506 468 999 Email: info@emailws.com Web: www.witherbyseamanship.com WITHERBY ISSN 2042-6119 FOCUS ON Interim Guidance For the use of Armed Security Personnel On Board Ship Fixed and Portable Gas Detectors page 1 page 46 page 71page 54page 56 page 51 Tel No: +44(0)1506 463 227 Fax No: +44(0)1506 468 999 Email: info@emailws.com Web: www.witherbyseamanship.com Editorial: Iain Macneil Kat Heathcote Clare Hall Fiona Dalziel Nick Manderson Research: Iain Brown Sonia Sharma Linda Churcher Design: Ashley Burns Jenny Ashcroft Marketing, Distribution and Sales: Clare Barron Christine Rogers Production: The Print Network(UK) Ltd The world of shipping becomes more regulated with each passing year, with an ever increasing number of regulatory items entering force, each with associated guidance. This periodical aims to brief the reader on such topics with clarity. It is not an instant news service but provides clear analysis of the issues facing shipping today. There are many owners and operators who are aware of impending legislation, whether at an international or speci?c territorial level, but who have not committed the time to assessing how they, their business and their ships will respond. This periodical will keep up-to-date with current matters and those coming through over the next few years. Existing items will be covered for those who are trying to get a grip on topical matters in our industry. A publication of this nature could not be prepared without referencing the substantial resources that IMO has made available at www.imo.org, from which many extracts and references have been used in the preparation of this publication. Iain Macneil Managing Director Witherby Publishing Group LtdNext Issue: December 2011 Witherby Seamanship International A Division of Witherby Publishing Group Ltd Shipping Regulations and Guidance July 2011 12 Shipping Regulations and Guidance July 2011 ‘I see you, and I raise you…’ Escalation of Violence One problem expected, and also currently witnessed, is ‘crime displacement’. Ships operating without armed guards face the prospect of being viewed as soft targets compared to ships transiting with armed personnel. This was one of the reasons for the Norwegian government stepping down from a proposed re-evaluation on the position of armed guards on board Norwegian vessels. Norwegian shippers expressed their serious concern that if Norwegian ships were prohibited from employing armed security, and this became public information, then pirates could easily target Norwegian vessels in the secure knowledge that they must only overcome BMP being used. “To put it bluntly, what you could end up with is motherships looking like something out of Mad Max, with heavy machine guns welded on the front, rocket- propelled grenades welded at the side of the vessel, heavy calibre sniper vessels welded to the front and instead of attacking vessels in skiffs like they do now, they’ll use the motherships themselves to attack the vessels, so you’ll have tankers coming alongside tankers and having all-out shooting matches” fears Wing Commander Paddy O’Kennedy, from EUNAVFOR (Lloyd’s List, May 10 2011). Conclusions The creation of the interim recommendations for Flag States and guidance to shipowners, ship operators, and shipmasters is the initial step needed on the dif?cult issues created by the employment of armed personnel on board. The interim guidelines need to be built upon, using the responses from the industry on their implementation to identify crucial areas that need addressing and how best these can be solved. There still remains the need to help clarify shipowner’s and Master’s liability for the employment of armed personnel on board. The ambiguous ‘discretion’ of Flag States cannot afford much con?dence to seafarers when there is so little legal foundation or support in contracting PSC and their operation. Therefore, the pressure the shipping industry is putting on Flag States to recognise the importance of shipping to the state must continue. This pressure should highlight the direct need to act to help in the protection of crew and ships, not just through the commitment of military assets, but by the development of guidelines and regulation to prosecute those behind piracy, and also speci?cally areas that are providing the best possible response at the moment, ie private security companies and their employment on board ships. The interim guidelines do not establish measures, or create pressure, to affect changes in the practices of the PSCs. Without change, little impetus is created for the PSCs to amend their practices, and gives little backing to shipping companies, shipowners, charterers, and Masters to demand necessary improvements from the PSC. Coordination and cooperation between the shipping industry and the private security industry in developing necessary guidance and regulation is needed. Seafarers remain reluctant and scared to give evidence or testify against suspected pirates due to the uncertain and confused status of liability where armed guards have been employed. If the de?ciency of support for seafarers to help bring about the prosecution of pirates remains unchanged then little or slow progress can be made. The possibility of employing the same regulatory framework that led to the speedy adoption of the ISPS Code should be explored. Piracy certainly poses a critical danger to safety of life at sea, so minimising any delays to effective and appropriate regulation of PSCs, and the further investigation and prosecution of piracy, must be attempted. It will be interesting to see how the discussion and response to piracy and the use of armed personnel develops in September 2011, at the meeting of the subcommittee on security at the IMO. The meeting of the subcommittee will be a key stage in the evolution of the currently interim guidelines into something with, hopefully, more clarity and permanence. Shipping Regulations and Guidance July 2011 13 Shipping Regulations and Guidance July 2011 Extracts from the Interim Guidance The 89th session of the Maritime Safety Committee, 11th May – 20th May 2011, approved Interim Recommendations for Flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area (MSC.1/ Circ.1406) and Interim Guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel (PCASP) on board ships in the High Risk Area (MSC.1/Circ.1405). Both sets of guidance are aimed at addressing the complex issue of the employment of private armed security on board ships. The guidance includes sections on risk assessment, selection criteria, insurance cover, command and control, management and use of weapons and ammunition at all times when on board and rules for the use of force as agreed between the shipowner, the private maritime security company and the Master. MSC.1/Circ.1406: Interim Recommendations for flag States .2 As a second step, if the use of PCASP is determined to be an appropriate and lawful measure [by the Flag state], establish a policy which may include, inter alia: .1 the minimum criteria or minimum requirements with which PCASP should comply, taking into account the relevant aspects of the guidance set out in MSC.1/ Circ.1405 on Interim Guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel on board ships in the High Risk Area; .2 a process for authorizing the use of PCASP which have been found to meet minimum requirements for ships ?ying its ?ag; .3 a process by which shipowners, ship operators or shipping companies may be authorized to use PCASP; .4 the terms and conditions under which the authorization is granted and the accountability for compliance associated with that authorization; .5 references to any directly applicable domestic laws pertaining to the carriage and use of ?rearms by PCASP, and the relationship of PCASP with the Master while on board; and .6 reporting and record-keeping requirements. MSC.1/Circ.1405: Interim Guidance to shipowners, ship operators, and shipmasters The absence of applicable regulation and industry self- regulation coupled with complex legal requirements governing the legitimate transport, carriage and use of ?rearms gives cause for concern. This situation is further complicated by the rapid growth in the number of Private Maritime Security Companies (PMSC) and doubts about the capabilities and maturity of some of these companies. Signi?cant competence and quality variations are present across the spectrum of contractors offering services. 3.2 PCASP Team Size, Composition and Equipment .3 Composition – it is important that there is an appropriate hierarchy, experience and skill mix within the onboard PCASP team. The team leader should be competent in vessel vulnerability and risk assessments and be able to advise on ship protection measures. It is recommended that one of the PCASP personnel be quali?ed as the team medic. .4 Equipment requirements – this will be in?uenced by factors including: length of the estimated time of the vessel transit, latest threat assessment, the agreed duties of the PCASP team, (will they act as additional lookouts, utilize day and night vision equipment, assist with rigging self protection measures?) and the size and type of vessel. Enhanced medical equipment is recommended.