Update on IMO Activities and Initiatives Relevant to WHTI Themes Curtis A. Roach Regional Maritime Adviser (Caribbean)

1. Update on IMO Activities and Initiatives Relevant to WHTI Themes Curtis A. Roach Regional Maritime Adviser (Caribbean) International Maritime Organization The views expressed are those of the Adviser and should not be construed as reflecting the policies or views of the IMO or the Secretariat

2. Themes and Objectives • WHTI Technical WG • Maritime safety, environmental protection and sustainable development • IMO • Safe, secure and efficient shipping on clean oceans

3. Considerations • IMO Voluntary Audit Scheme and Mandatory IMO Instruments • Maritime Security Update • Special Areas • Particularly Sensitive Sea Areas (PSSA)

4. Framework for the Voluntary IMO Member State Audit Assembly Resolution A.974(24) (ANNEX PART I)

5. Objective The objective of the audit is to determine to what extent Member States are implementing and enforcing the applicable IMO instruments. In order to achieve this, a number of issues will be observed and assessed.

6. Areas to be covered(1) • Jurisdiction • Organization and authority • Legislation, rules and regulations • Promulgation of IMO mandatory instruments, rules and regulations • Enforcement arrangements • Control, survey, inspection, audit, verification, approval and certification functions

7. Areas to be covered(2) • Selection, recognition,authorization, empowerment and monitoring of ROs, as appropriate, and of nominated surveyors • Investigations required to be reported to IMO • Reporting to IMO, other Administrations, and organizations

8. Technical co-operation(1) In order to obtain the full benefits of the scheme, consideration of capacity-building matters is essential, particularly in respect of human and financial resources. Where appropriate, Member States will be assisted in order to prepare for the audit, as well as to address audit findings.

9. Technical co-operation(2) Capacity-building includes an adequate supply of suitably trained personnel, with maritime and audit skills, along with the required software systems. The need for infrastructural facilities, defined as including workspace, utilities and communication systems relevant to meeting initially the needs of the audit and ultimately the aims of the scheme, is also to be taken into account.

10. Audit standardCode for the Implementation of Mandatory IMO Instruments Assembly Resolution A.973(24) Maritime Training and Human Element Section

11. Objective • Enhance global maritime safety and protection of the marine environment • Note - • An Administration is only bound by the instruments to which it is Party • Some Administrations may have a greater role as coastal or port State than as a flag State but this does not diminish their duties in each role

12. Strategy To meet the objective of the Code there should be a strategy covering: • Implementation and enforcement of relevant instruments • Adherence to international recommendations, as appropriate • Continuous review and verification of the effectiveness of the State in respect of meeting its international obligations • The achievement, maintenance and improvement of overall organizational performance and capability

13. Mandatory IMO Instruments • SOLAS 74 • SOLAS 74 + PROT 78 • SOLAS 74 + PROT 88 • MARPOL 73/78 + PROT 97 • STCW 78 • LOAD LINES 66 • LOAD LINES 66 + PROT 88 • Tonnage 69 • COLREG 72 • All instruments (Codes etc.) made mandatory through these conventions and protocols

14. Government Responsibility • The Government of a State Party to a mandatory IMO instrument must be in a position to implement and enforce its provisions through appropriate national legislation and to provide the necessary implementation and enforcement infrastructure.

15. Maritime Security Update • MSC Circulars – 81st session –June 2006 • Regional workshops on maritime security

16. MSC Circulars (1) • Circ.1188 - Guidelines on training and certification for port facility security officers • Required by MSC when Circ.1154 – Training for CSOs was approved • Circ. 1189 - Interim scheme for the compliance of special purpose ships with the special measures to enhance maritime security • These ships were not previously required to comply. Scheme is to facilitate smooth compliance

17. MSC Circulars (2) • Circ.1190 - Guidance on the provision of information for identifying ships when transmitting ship security alerts • Inadequate information provided for ship identification • Circ.1191 - Further reminder of the obligation to notify flag states when exercising control and compliance measures • Update of Circ.1133 because of continued failure to issue the required notifications

18. MSC Circulars (3) • Circ.1192 - Guidance on voluntary self-assessment by SOLAS contracting governments and by port facilities • Replaces Circ.1131 (Dec. 2004) Interim guidance , which was revised • Circ.1193 - Guidance on voluntary self-assessment by administrations and for ship security • Circ.1194 - Effective implementation of SOLAS chapter XI-2 and the ISPS Code • Gives Guidance on basic elements of national oversight programmes for SOLAS XI-2 and the ISPS Code

19. Reasons for MSC Circular 1194 • Available information suggested that: • some port facilities appeared to fail to comply with their obligations under SOLAS chapter XI-2 and the ISPS Code and in some instances ships had no alternative but to implement their own additional protective security measures; • despite the provisions of the ISPS Code and the promulgation of MSC/Circ. 1112 on Shore leave and access to ships under the ISPS Code, seafarers continued to encounter difficulties with certain SOLAS Contracting Governments in relation to shore leave and access to ships; • despite the provisions of the ISPS Code and the promulgation of MSC/Circ. 1156 on Guidance on the access of public authorities, emergency response services and pilots onboard ships, Government officials continued to ignore the security measures on board ships and conduct themselves in a manner which was not conducive to the aim and objectives of SOLAS chapter XI-2 and the ISPS Code;

20. despite the promulgation of MSC/Circ.1133 on Reminder of the obligation to notify flag States when exercising control and compliance measures, a number of SOLAS Contracting Governments continue to fail to notify the Administrations concerned and the Organization, when taking control measures or steps against ships pursuant to the provisions of SOLAS regulation XI-2/9 on Control and compliance measures; and • the information posted by SOLAS Contracting Governments on the Maritime Security module of the IMO Global Integrated Shipping Information System, which contains the information communicated to the Organization pursuant to the provisions of SOLAS regulation XI-2/13 on Communication of information, are incomplete, outdated or in some cases inaccurate.

21. Recent TC activities (1) • Regional seminar on maritime security, Vera Cruz, México, 24 to 28 October 2005 • Objectives • Assessment of the status of implementation of maritime security measures in the region; identification of specific needs for technical co-operation; issues of long-term compliance; and promotion of regional & Interagency communication, co-ordination & co-operation

22. Recent TC activities (2) • Caribbean Seminar on maritime security, piracy and armed robbery against ships - Trinidad and Tobago - April 2006 • update participating States on recent maritime securitydevelopments • assess the levels of compliance with SOLAS chapter XI-2 and the ISPS Code among participating States • identify and promulgate best practices in the region, particularly those pertaining to the security of cruise ships • formulate appropriate regional action plans for combating terrorism, enhancing maritime security, countering piracy and armed robbery against ships, and combating drug smuggling

23. MARPOL Special Areas (1) • A sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the prevention of sea pollution is required. • provided with a higher level of protection than other areas of the sea • Identified in MARPOL Annexes

24. MARPOL Special Areas (2) • Oil – MARPOL Annex I • Noxious Liquid Substances (NLS) – Annex II • Garbage – Annex V • Sulphur oxide (SOx) Emission Control Areas – Annex VI

25. Wider Caribbean Region Special Area – Annex V • Adequate reception facilities not reported • MEPC Circular 470 – Waste reception facility reporting requirements • Global Integrated Shipping Information System (GISIS) – Port reception facility database • Consider WCR Special Area for Oil and NLS also

26. Particularly Sensitive Sea Areas (PSSAs) • An area that needs special protection through action by IMO because of its significance for recognized ecological or socio-economic or scientific reasons and which may be vulnerable to damage by international maritime activities • An application for PSSA designation should contain a proposal for an associated protective measure or measures aimed at preventing, reducing or eliminating the threat or identified vulnerability • When an area is approved as a particularly sensitive sea area, specific measures can be used to control the maritime activities in that area, such as routeing measures, strict application of MARPOL discharge and equipment requirements for ships, such as oil tankers; and installation of Vessel Traffic Services (VTS).

27. A.982(24) Revised guidelines for the identification and designation of PSSAs • include criteria to allow areas to be designated a PSSA if they fulfil a number of criteria, including: ecological criteria, such as unique or rare ecosystem, diversity of the ecosystem or vulnerability to degradation by natural events or human activities; social, cultural and economic criteria, such as significance of the area for recreation or tourism; and scientific and educational criteria, such as biological research or historical value. • provide advice to IMO Member Governments in the formulation and submission of applications for the designation of PSSAs to ensure that in the process, all interests - those of the coastal State, flag State, and the environmental and shipping communities - are thoroughly considered on the basis of relevant scientific, technical, economic, and environmental information regarding the area at risk of damage from international shipping activities

28. MEPC Circular 510 Guidance document for submission of PSSA proposals to IMO Provides guidance for the development, drafting and submission of proposals to IMO for the designation of a PSSA Sets forth the issues that should be included in such a proposal to facilitate its assessment and approval by MEPC The assessment and determination of whether a PSSA should be designated are ultimately controlled by whether the proposal meets the provisions of A.982(24) The Guidelines and Guidance document are complementary

29. Questions

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