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. For up-to-date information, you should refer to the daily shipping news sources on the internet and in particular IMO at www.imo.org Every reasonable effort has been made to focus only on (publicly available) information and Witherby Seamanship cannot accept any responsibility for information that is out-of-date, incomplete, biased or otherwise inaccurate, misleading or offensive. Mention of a reference, item of information, publication, product or service in this document should not be viewed as constituting a validation or endorsement by Witherby Seamanship as to its quality, content or value. Readers who have questions regarding the interpretation and/or implementation of IMO instruments or national regulations should direct these to their National Maritime Administration or their representing Classi?cation Society. ContactsContents Welcome WITHERBY Head Of?ce: 4 Dunlop Square, Livingston, Edinburgh, EH54 8SB, Scotland, UK The ILO Maritime Labour Convention (MLC) 2006 ...............................1 Entry into Force Dates .........................................................................10 Regulations Coming into Force..................................................10 Regulations Applicable to New Builds........................................15 Regulations Recently Entered Force .........................................21 What’s Happening at IMO ...................................................................30 Programme of Meetings 2011 ....................................................30 IMO Conventions, Not Yet Entered Into Force ...........................32 IMO Action Dates .......................................................................33 MSC 88 ......................................................................................36 MSC 89 ......................................................................................38 MSC and MEPC Sub-Committees .............................................40 BLG ......................................................................................40 COMSAR ..............................................................................40 DE .........................................................................................41 DSC ......................................................................................41 FP .........................................................................................42 FSI ........................................................................................42 SN or NAV ............................................................................43 SLF .......................................................................................43 STW ......................................................................................43 The Training Challenge for ECDIS ......................................................44 Shipping Regulations Membership Card for Subscribers ....................50 SafeSeaNet, CleanSeaNet and Long Range Identi?cation and Tracking .............................................51 Container Security and the US ............................................................54 Container Weights ................................................................................62 Amendments to the FTP Code ............................................................63 International Code for Fire Safety Systems .........................................64 COP16 Cancun ...................................................................................66 Lifeboat Release Hooks ......................................................................68 New Innovations to Counter Piracy .....................................................69 The P&I Column ..................................................................................78 Other Maritime Regulations and Guidance .........................................79 Recently Published Guidance for Shipping .........................................85 ISSUE 5 April 2011Witherby Seamanship International ECDIS TrainingNew Innovations to Counter Piracy Lifeboat Release Hooks Subscription Card to Access all Articles and Back Issues Online 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 ILO Maritime Labour Convention COP16 Cancun page 1 page 69 page 66page 50page 44 page 68 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 Walker 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: July/Aug 2011 Witherby Seamanship International A Division of Witherby Publishing Group Ltd 1212 SOLAS CH II-2/4 Portable Gas Detection MSC.291(87)Oil tankers01/01/2012Oil tankers are to be ?tted with equipment which is also capable of measuring oxygen concentrations in addition to the current requirement for at least one portable instrument to be capable of measuring ?ammable vapor concentrations onboard SOLAS CH II-2/4 Fixed Gas Detection MSC.291(87)Oil tankers >20kdwt 01/01/2012Oil tankers are to be provided with a ?xed hydrocarbon gas detection system. Previously, oil tankers only had to be capable of measuring hydrocarbon gas concentrations using portable equipment. Oil tankers provided with constant operative inerting systems for such spaces need not be equipped with ?xed hydrocarbon gas detection equipment that complies with the Fire Safety Systems Code, as revised by resolution MSC.292(87). SOLAS III LSA Code Revisions MSC.293(87)All Ships >500t and Passenger >12 01/01/2012The average mass of a person, when determining the carrying capacity of survival craft is increased from 75kg to 82.5kg. SOLAS CH III LSA Testing Revisions MSC.295(87)All Ships >500t and Passenger >12 01/01/2012A mass of 82.5 kg is to be used in lieu of 75 kg per person for the prototype testing of appliances and for the 110% overload test of the liferaft or rescue boat assembly. SOLAS CH VII IMDG Code Revisions MSC.294(87)All Ships >500t and Passenger >12 01/01/2012Amendments to the IMDG Code: Numerous changes to the characteristics of the different classes of dangerous goods. INTERNATIONAL CONVENTION FOR SAFE CONTAINERS (CSC), 1972 MSC.310(88)Cargo ships01/01/2012Amendments to Annex I Regulations for the Testing, Inspection, Approval and Maintenance of Containers. Annex II Structural Safety Requirements and Tests. Annex III Control and Veri?cation. CARB Regulated California Waters Regs, mandating the use of DMA or DMB grade fuels California Air Resources Board (CARB) Phase II All ships using marine fuel within California Waters 01/01/2012Reduction in sulphur limit in MDO (ISO 8217, DMB Grade) and MGO (ISO 8217, DMA Grade) to 0.1% within 24 nautical miles of the California baseline EU Insurance Directive 2009/20/EC All Ships01/01/2012The Directive, which member states must implement by the end of 2011, will require ships to carry on board certi?cates proving the existence of P&I insurance. Clubs are working towards an acceptance by states that a Certi?cate of Entry will be suf?cient and that no special European Certi?cate will be required. New York State Clean Water Act New York State Clean Water Act Section 401 Certi?cation for Commercial Vessel and Large Recreational Vessel General Permit (NYS Certi?cation) All vessels covered under EPA Vessel General Permit (VGP) that operate in New York waters 01/01/2012The EPA Vessel General Permit (VGP), which entered force 06/02/2009, was amended on release by the New York State Clean Water Act. This required each vessel covered under the VGP that operates in New York waters to have a ballast water treatment system that meets the standards given in this regulation. This applies to vessels that ?led an extension to the DEC before 30/06/2010 that indicated when the vessel would come into compliance with this deadline. SOLAS CH V Reg 19, Para 2.2 MSC.282(86)All passenger ships 01/07/2012Implementation date for all passenger ships constructed before 01/07/2011 shall be ?tted with BNWAS not later than the ?rst survey on or after 01/07/2012 SOLAS CH V Reg 19, Para 2.2 MSC.282(86)Cargo ships = 3,000 gt 01/07/2012Implementation date for Cargo ships = 3,000 gt constructed before 01/07/2011 shall be ?tted with BNWAS not later than the ?rst survey on or after 01/07/2012 Shipping Regulations and Guidance April 2011 Shipping Regulations and Guidance April 2011 38 Shipping Regulations and Guidance December 2010 Shipping Regulations and Guidance December 2010 38 Shipping Regulations and Guidance April 2011 Shipping Regulations and Guidance April 2011 Other issues In connection with other issues arising from the reports of IMO Sub-Committees and other bodies, the MSC: ? adopted a number of new and amended ships’ routeing systems and mandatory ship reporting systems, which had been approved by the Sub-Committee on Safety of Navigation (NAV); ? adopted Revised Guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases, which will also be submitted to the Facilitation Committee for adoption; reviewed a series of recommendations submitted by the Sub-Committee on Flag State Implementation (FSI) associated with the consideration of possible ways in which the Code for the implementation of mandatory IMO instruments (which is used as the audit standard for the Voluntary IMO Member State Audit Scheme) could be made mandatory – in particular, the issue of how to introduce the Code and auditing into the annexes to some or all of the 10 instruments covered by the Code; ? in the context of the above-mentioned Audit Scheme, reviewed the analysis of the ?rst three consolidated audit summary reports; ? reviewed the progress made in the development of a new code for recognized organizations; ? approved draft amendments to the LSA Code to require lifeboats to “be of international or vivid reddish orange, on all parts where this will assist detection at sea” and to delete the reference to allowing “a comparably highly visible colour” with a view to subsequent adoption; ? approved draft amendments to SOLAS regulation II-2/20, regarding ?xed gas and water-spraying ?re-extinguishing systems for vehicle, ro-ro, container and general cargo spaces, with a view to subsequent adoption; ? approved draft amendments to SOLAS regulation II- 2/9, concerning ?re integrity of bulkheads and decks separating adjacent spaces of ro ro spaces for passenger ships carrying not more than 36 passengers and cargo ships, with a view to subsequent adoption; ? agreed to modi?cations to footnotes in the Performance Standard for protective coatings for dedicated seawater ballast tanks in all types of ships and double-side skin spaces of bulk carriers, adopted by resolution MSC.215(82), and in the Performance standard for protective coatings for cargo oil tanks of crude oil tankers, adopted by resolution MSC.288(87); ? approved amendments to chapters 5 to 8 of the International Code for Fire Safety Systems (FSS Code); and approved supplementary advice on the IMO position on the World Radiocommunications Conference 2012 agenda items concerning matters relating to maritime services. Maritime Safety Committee (MSC) IMO is a technical organization and most of its work is carried out in a number of committees and sub-committees. The Maritime Safety Committee (MSC) is the most senior of these. The MSC is the highest technical body of the Organisation. It consists of all Member States. The functions of the Maritime Safety Committee are to “consider any matter within the scope of the Organization concerned with aids to navigation, construction and equipment of vessels, manning from a safety standpoint, rules for the prevention of collisions, handling of dangerous cargoes, maritime safety procedures and requirements, hydrographic information, log-books and navigational records, marine casualty investigations, salvage and rescue and any other matters directly affecting maritime safety”. The Committee is also required to provide machinery for performing any duties assigned to it by the IMO Convention or any duty within its scope of work that may be assigned to it by or under any international instrument and accepted by the Organization. It also has the responsibility for considering and submitting recommendations and guidelines on safety for possible adoption by the Assembly. The expanded MSC adopts amendments to conventions such as SOLAS and includes all Member States as well as those countries which are party to conventions such as SOLAS, even if they are not IMO Member States. MSC 89 Wednesday 11th to Friday 20th May 2011 PROVISIONAL AGENDA For the eighty-ninth session of the Maritime Safety Committee to be held from Wednesday, 11 to Friday, 20 May 2011 at IMO Headquarters, 4 Albert Embankment, London SE1 7SR Session commences at 9.30 a.m. on Wednesday, 11 May 2011 66 Shipping Regulations and Guidance April 2011 COP16 – Cancun What Happened? “As far as shipping is concerned, the muted response re?ects the fact that its involvement was once again overlooked.” (Lloyd’s List 15th Dec. 2010) In short, there was little progress on the position left after Copenhagen in 2009. Shipping remains in much the same limbo as it was at the close of last year’s summit. However, shipping’s public image has not received the same critical view as it did last year at Copenhagen, due in large part to the positive efforts of the IMO that have been recognised by the Conference. There were, however, three issues that met with agreement: 1. Adaptation funding from developed to developing countries - creation of a Green Climate Fund to distribute the $100 billion pledged in last year’s Copenhagen Accord. 2. Parameters for paying developing countries to reduce deforestation, known as REDD+. 3. Recognition that emission reduction commitments have to increase to meet the aim of stabilising temperature rise at 2°C. There was no agreement on how to extend the Kyoto Protocol (which is due to come to an end in 2012), or how the $100 billion a year for the Green Climate Fund will be raised, or whether developing countries should have binding emissions reductions or whether rich countries would have to reduce emissions ?rst. The IMO has received praise and recognition for the work it is putting into developing procedures and future regulation for the shipping industry to reduce carbon and other greenhouse gas (GHG) emissions. The IMO has also been exploring ways to help raise funds from the shipping industry to enable industry to make a sustainable and viable contribution to the Green Climate Fund. Green Climate Fund The Green Climate Fund is intended to raise and disburse $100 billion a year, by 2020, to protect poor nations against climate impacts and assist them with low-carbon development. The Cancun Accords granted the UN Climate Secretariat powers to appoint a new committee to lay the foundations for the centralised fund. There is yet to be a decision as to the source of the $100 billion, but ‘the Cancun Summit did consider the report from a UN-appointed working group detailing how $100 billion a year of ?nance could be raised through a range of mechanisms, including auctioning of carbon credits and levies on international aviation and shipping’ . In a Lloyd’s List article, Tom Boardley (the Marine Director of Lloyd’s Register) stated that ‘Ship operators need to prepare for the future by evaluating the business risks related to emerging regulation Shipping Regulations and Guidance April 2011