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for a safer world

Summary Report

Lloyd’s Register Briefing Note – MSC 95 Summary Report

June 2015 1

Introduction

The 95th

session of the IMO Maritime Safety Committee (MSC) was held from 3 to 12 June 2015, at the IMO headquarters in London. This briefing summarises the subjects discussed which are relevant to the work of Lloyd's Register and our clients.

Overview

Many of the decisions taken at MSC 95 have significant impact on current practices in industry.

MSC 95 adopted a mandatory code for ships using gas as fuel (IGF Code) and associated amendments to the SOLAS Convention. The Code will enter into force on 1 January 2017. There are a number of safety related aspects that affect design and building of such ships.

MSC 95 also addressed cybersecurity extensively, and agreed to work on Guidelines on managing cyber-related risks on board ships and in port facilities at MSC 96.

During the meeting, MSC 95 held a special session on the issues related to maritime migrants.

Summary of discussions

Decision of other IMO Bodies (agenda item 2)

MSC 95 reviewed the decisions of the Council, Legal Committee and Marine Environment Protection Committee as well as the PPR Sub-Committee. Readers should note that the following outcome, inter alia, of the PPR Sub-Committee was approved by MSC 95:

- Unified interpretations of SOLAS regulation II-2/16.3.3 for products requiring oxygen-dependent inhibitors (paragraph 3.32 and annex 8); and

- Unified interpretations of paragraph 15.13.5 of the IBC Code for products requiring oxygen-dependent inhibitors.

In addition, MSC 95 noted that a better understanding of SOLAS regulation VI/5-2 had been reached and therefore, there was no need to develop further guidance on the application of this regulation.

The details of the above discussions can be found in Lloyd’s Register’s report on the PPR 2 meeting.

Consideration of adoption of amendments to mandatory instruments (agenda item 3)

MSC 95 adopted mandatory instruments introduced hereunder. Associated non-mandatory instruments were also addressed under this agenda item.

Expected entry into force date is 1 January 2017.

Amendments to the 1974 SOLAS Convention - including certificates under the 78 and 88 Protocols - Chapter II -1

- Regulation 2 – Definitions

IMO Maritime Safety Committee -

Ninety-Fifth Session (MSC 95)

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- Regulation 55 – Alternative design and arrangements

- Regulation 56 – Application

- Regulation 57 – Requirements for ships using low-flashpoint fuels

- Chapter II -2

- Regulation 4 – Probability of ignition

- Regulation 11 – Structural integrity

- Regulation 20 – Protection of vehicle, special category and ro-ro spaces

- APPENDIX

- Passenger ship safety certificate

- Cargo ship safety construction certificate

- Cargo ship safety certificate

The above amendments are the result of various discussions as follows (for background information, please refer to Lloyd’s Register report on MSC 94).

Agenda item - approved at

MSC 94

Summary of the amendments

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A set of provisions relating to the secondary means of venting cargo tanks

 Regulation II-2/4 – Probability of ignition

 Regulation II-2/11 - Structural Integrity

For the background of this requirement, please refer to item 277 of Lloyd’s Register’s

“Future IMO Legislation”.

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 Regulation II-2/20- Protection of vehicle, special category and ro-ro spaces (introduction of air quality management)

For the background of this requirement, please refer to item 274 of Lloyd’s Register’s

“Future IMO Legislation”. In adopting the final text of the regulation, MSC 95 modified the text to clarify that the power ventilation system for the space should be separate from other ventilation systems on the vessel.

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A set of regulations to make the IGF Code mandatory

 Regulation II-1/2 - Definitions

 Regulation II-1/55 - Alternative design and arrangements

 Regulation II-1/56 - Application

 Regulation II-2/4 - Probability of ignition

 Appendix - PASSENGER SHIP SAFETY CERTIFICATE

 Appendix - CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE

 Appendix - CARGO SHIP SAFETY CERTIFICATE

Please refer to the International Code of Safety for Ships using Gases or other Low-flashpoint Fuels (IGF Code) below

Amendments to the IMSBC Code

There were two sets of proposals.

Amendments (03-15) to the International Maritime Solid Bulk Cargoes (IMSBC) Code (Resolution MSC.268(85))

This is a routine update taking place every two years. The entry into force date on a mandatory basis is on 1 January 2017 with voluntary application from 1 January 2016. For the background of this requirement, please refer to item 240 of Lloyd’s Register’s “Future IMO Legislation”. Adopting the final text of the regulation, MSC 95 modified the text to clarify that fire safety risk assessments for cargo areas with self-unloading conveyor systems should be done by the ship’s crew.

Substances harmful to the marine environment (HME)

The CCC Sub-Committee had been tasked to develop criteria for identifying substances that are harmful to the marine environment (HME) in relation to the recent amendment to MARPOL Annex V. MSC 95 concurred with the decision of MEPC 65, i.e. to adopt amendments to the IMSBC Code on HME as a recommendatory new section 14 - Prevention of pollution by cargo residues from ships. Currently, the IMSBC Code is mandatory only under the SOLAS Convention, and so can impose only safety features.

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Consequential change to existing MSC Circulars

As a consequence of adopting amendments (03-15) to the IMSBC Code, the following MSC circulars were revised:

- MSC.1/Circ.1395/Rev.1 - Lists of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted or for which a fixed gas fire-extinguishing system is ineffective;

- MSC.1/Circ.1453. - Guidelines for the submission of information and completion of the format for the properties of cargoes not listed in the International Maritime Solid Bulk Cargoes (IMSBC) Code and their conditions of carriage; and

- MSC.1/Circ.1454 - Guidelines for developing and approving procedures for sampling, testing and controlling the moisture content for solid bulk cargoes which may liquefy.

Amendments to the STCW Convention and the STCW Code as well as a draft STCW.6 circular relevant to the IGF Code

- Regulation V/3 - Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on ships subject to the IGF Code;

- Section A-V/3 - Mandatory minimum requirements for the training and qualification of masters, officers, ratings and other personnel on ships subject to the IGF Code;

- STCW.6 circular - Amendments to Part B of the Seafarers' Training, Certification and Watchkeeping (STCW) Code; and

- STCW.7 circular - Amendments to the Interim guidance on training for seafarers on ships using gases or other low-flashpoint fuels (STCW.7/Circ.23).

International Code of Safety for Ships using Gases or other Low-flashpoint Fuels (IGF Code)

MSC 95 adopted the IGF Code and associated amendments to the SOLAS Convention. Expected entry into force date is 1 January 2017. During discussions at MSC 95 the following points were addressed:

Application to government ships

MSC 95 decided to keep the current text on exclusion given to ships owned or operated by a Contracting Government and used, for the time being, only on Government non-commercial service.

Application to ships subject to the IGC Code but using gas as fuel (not cargo)

MSC 95 decided that gas carriers using low-flashpoint gaseous fuels other than from their cargo are to ensure that the fuel system complies with cargo tank and piping requirements as per the IGC Code (i.e. the IGF Code does not apply).

Risk Assessment

MSC 95 agreed that a risk assessment needs to be conducted only where explicitly required.

Load assumptions for the structural design of anti-flotation chocks- Accidental load on the fuel tank

MSC 95 agreed that loads caused by the buoyancy of a fully submerged independent empty tank shall be considered in the design of anti-flotation chocks and the supporting structure both in the adjacent hull and tank structure. The requirement does cover membrane tanks.

Monitoring fuel tank temperature/rollover

To help prevent rollover, MSC 95 agreed to require temperature measurement and indication within the fuel tank at a minimum of three locations: at the bottom, middle and at the top of the fuel tank (below the highest allowable liquid level).

Fuel tank location - Protective distance requirements

MSC 95 agreed that where the shell plating is inboard of B/5 or 11.5 m, the separation between the fuel tank and shell plating need not be greater than B/15 or 2 m (whichever is less). This clarifies the location of the tank in the ‘turn of the bilge’.

Bunkering standard

MSC 95 agreed to task CCC 2 to work on a standard bunkering checklist.

Editorial improvement

A number of editorial changes were made to the final draft.

Further information

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International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code)

A set of amendments to the ESP Code addressing recent updates to the IACS requirements was adopted at MSC 94 by resolution MSC.381(94). As a follow up, a set of editorial improvements were presented to MSC 95.MSC 95 included these editorial improvements as a corrigendum to the above resolution. In this regard, an MSC circular on Guidance on pressure testing of boundaries of cargo oil tanks under the direction of the master was also approved.

International Code for Ships Operating in Polar Waters (Polar Code)

MSC 95 reviewed the report of the Correspondence Group on the ‘Development of Guidance on a Methodology for Determining Limitations for Operation in Ice’ and agreed on the following points:

- The guidelines should be developed as interim guidelines;

- The IMO guidelines should include the Polar Operational Limit Assessment Risk Indexing System (POLARIS) as developed by IACS, although other guidelines could also be used; and

- POLARIS may be used both in the Arctic and the Antarctic. The Correspondence Group will continue its work toward MSC 96.

Review of performance standards for Polar Operation

MSC 95 instructed the SSE Sub-Committee to review performance standards for Fire Fighting equipment and Life Saving Appliances under any other business and propose the best way forward to MSC 96. MSC 95 instructed the NCSR Sub-Committee to do the same for shipborne navigational equipment.

Measures to enhance maritime security (agenda item 4)

Guidelines on managing cyber-related risks on board ships and in port facilities

Proposals and information provided included:

- Proposed amendment to the ISPS Code; and

- Information on the initiatives of marine industry.

Given the current ongoing work by the industry on cybersecurity on board ships and the expected dissemination of relevant guidance at MSC 96, MSC 95 agreed that it would be best to await the submission of the industry before embarking on developing guidance by the Organization at this stage.

Goal-based new ship construction standards (agenda item 5)

MSC 95 addressed the following under this agenda item.

The overall objective for the safety level approach (SLA) and future work

There were some questions over the future consequences of SLA if it is implemented, so MSC 95 reviewed the overall objective for it. It was stated that SLA is intended to enable a structured application of risk-based methodologies for IMO’s rule-making process, so that current or proposed new regulations can be justified in a transparent manner. Within IMO’s goal-based standards, SLA can be used to develop goals and functional requirements, and verify or justify compliance of regulations and rules with these goals and functional requirements. Notwithstanding this, it was noted that implementing SLA may be a longer process than traditional rule-making, and may rely on data which is not available for every potential subject.

Amendments to MSC.1/Circ.1394 on the Generic guidelines for developing IMO goal-based standards

MSC 95 made some amendments to this circular to provide further information about the required structure and contents of functional requirements. These are Tier III in the GBS framework and provide the criteria against which compliance with the goal can be judged. New examples were added as a new appendix. A new version of the circular was approved as a further revision to MSC.1/Circ.1394/Rev.1.

Goal-based guidelines on the framework of requirements for ships' life-saving appliances

To help the ongoing development of SLA, MSC 95 tasked the SSE Sub-Committee with developing functional requirements for SOLAS chapter III. Once this real example has been developed, it will be easier for future sessions of MSC to decide on the appropriate next steps for SLA.

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Passenger ship safety (agenda item 6)

The meeting started with expressions of sympathy and condolences to the victims of the accident to the river cruise ship ‘Eastern Star’ in China. MSC 95 also noted that an IMO sponsored Conference on the enhancement of the safety of ships carrying passengers on non-international voyages took place on 24 April 2015 in Manila, Philippines.

Proposals to improve passenger ship survivability after damage

MSC 95 noted an ongoing European project (so called ‘EMSA 3’). In this regard, MSC 95 agreed to hold an FSA Expert Group meeting from 10 to 12 November to review the outcome of the project.

Conference on the enhancement of the safety of ships carrying passengers on non-international voyages

MSC 95 noted the report of the conference held in Manila, Philippines on 24 April 2015. The outcome of the

conference was submitted to IMO’s Technical Cooperation Committee for information. The conference addressed inter alia:

- The purchase of second hand ships, ships subject to a change of route or area of operation and ships subject to conversion or modification; and

- Counting the number of persons on board, voyage planning and enforcement activities.

Carriage of cargoes and containers (report of the first session of the Sub-Committee

(agenda item 8)

CCC 1 was held in September 2014. Lloyd’s Register’s report on the meeting can be found here. Urgent matters which emanated from CCC 1 had been reviewed by MSC 94. MSC 95 reviewed the remaining matters and noted the progress made by the CCC Sub-Committee on the outstanding items.

Human element, training and watchkeeping (report of the second session of the

Sub-Committee) (agenda item 9)

HTW 2 was held in February 2015. Lloyd’s Register’s report on the meeting can be found here. MSC 95 considered the outcome of HTW 2; the following items, inter alia, are relevant to the work of Lloyd’s Register:

Primary discussions

Draft Guidelines for port State control officers on the ISM Code & draft Guidelines for port State control officers on certification of seafarers, rest hours based on the International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers (STCW), 1978, as amended

MSC 95 concurred with the decision of MEPC 68 to forward the draft to the III Sub-Committee for review and finalization with a view to approval by the Committees.

Guidance for the implementation of the 2010 Manila Amendments

MSC 95 reviewed the outcome of HTW 2 on whether or not to agree that existing seafarers who meet the colour vision and eyesight acuity requirements applicable to them prior to the effective date of the 2010 Manila Amendments to the STCW Code continue to be qualified for a fit for duty medical certificate. MSC 95 agreed that the current STCW Convention provides flexibilities to deal with such situation.

Guidance on Fatigue

MSC 95 agreed to proceed to the revision of the current guideline, i.e., the Guidance on fatigue mitigation and management (MSC/Circ.1014) at the HTW Sub-Committee, taking manning elements into consideration, but with a condition that they do not discuss amending the manning requirements.

Consideration of other instruments (STCW, other resolutions and circulars) prepared by HTW 2

MSC 95 reviewed and approved/adopted the following draft instruments:

- MSC circular on ECDIS – Guidance for good practice;

- Draft MSC-MEPC circular on Guidelines for the development, review and validation of model courses; and

- Draft amendments to the STCW Convention, part A and B of the STCW Code along with the associated draft MSC resolutions and STCW circular related to revised training requirements for masters and deck officers on board ships operating in polar waters for subsequent adoption at MSC 96.

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Ship design and construction (report of the second session of the Sub-Committee) (agenda

item 10)

SDC 2 was held in February 2015. Lloyd’s Register’s report on the meeting can be found here. MSC 95 considered the outcome of SDC 2.

Primary discussions

Draft amendments to SOLAS chapter II-1 on subdivision and damage stability regulations, with a view to adoption at MSC 96, taking into account the check/monitoring sheet and records for regulatory development prepared by the Sub-Committee

MSC 95, whilst reviewing a set of amendments to SOLAS Chapter II-1, noted that further work was necessary, including clarification of the application date and scheme. MSC 95 also noted that, since the next batch of SOLAS amendments after MSC 95 will enter into force on 1 January 2020 as per MSC.1/Circ. 1483, sending this draft text back to SDC 3 would not delay entry into force. SDC 3 was strictly instructed not to re-open any technical debate but just to modify the application criteria to follow guidance set out in MSC.1/Circ.1500.

Possible amendments to SOLAS regulation II-1/13 to introduce protection against the crushing of people during the daily operation of watertight doors and decide how best to proceed on this matter

This is not a stability/survivability issue but a safety onboard one. MSC 95, noting the urgency and the importance of the issue, agreed to task the SSE Sub-Committee to examine possible solutions.

Draft Definition of industrial personnel, regarding the carriage of more than 12 industrial personnel on board vessels engaged on international voyages and the associated draft MSC circular

MSC 95 reviewed the draft MSC circular which was prepared by SDC 2 but could not approve it, as members

considered that just defining industrial personnel is not an answer to the problem. Many members expressed a need for proper technical standards for ships carrying such personnel. MSC 95 developed a new unplanned output (work programme) for the development of a mandatory instrument and/or provisions addressing safety standards for the carriage of more than 12 industrial personnel on board vessels engaged on international voyages in the biennial agenda of MSC and SDC Sub-Committee and in the provisional agenda for MSC 96 and SDC 3. Discussion at SDC 3 will be limited pending a policy decision at MSC 96. It was also agreed that, during the development of the output, due consideration should be given to ensure that the proposed standards do not conflict with other requirements of other organisations or conventions.

Decision on SOLAS regulation II-1/11 and development of associated guidelines to ensure the adequacy of testing arrangements for watertight compartments, since consensus could not be reached on the draft amendments

MSC 95, in addition to endorsing the decision of SDC 2 that no further revision to the SOLAS regulation on testing arrangements for watertight compartments was necessary, also decided that no IMO guidelines would be required even though a flag Administration may waive the requirement and seek an alternative arrangement. However, MSC 95 also confirmed that a flag Administration may waive or apply alternative arrangements as it is the prerogative of a contracting government to the Convention.

Draft Interim Guidelines for use of Fibre Reinforced Plastic (FRP) elements within ship structures: Fire safety issues, and the associated draft MSC circular

MSC 95, recognizing that the interim guidelines which were developed by SDC 2 were still premature, decided to send the draft back to SDC 3 for further work. Those supporting the approval of the guidelines claimed that the guidelines supported technological development and pointed out that they were not a prescribed requirement but merely an assessment tool. Those opposing the approval of the circular said that the guidelines lacked the details necessary for practical usage.

Draft amendments to SOLAS regulation II-2/13 on evacuation analysis, with a view to adoption at MSC 96, taking into account the check/monitoring sheet and records for regulatory development prepared by the Sub-Committee

MSC 95, whilst approving the text in general, shared the view that the draft amendments were not clear enough; e.g., application to ro-ro passenger ships and new or existing ships. IACS advised MSC 95 that they would submit a paper to MSC 96.

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Draft amendment to Unified interpretations of SOLAS chapter II-2, the FSS Code, the FTP Code and related fire test procedures (MSC/Circ.1120) and the associated draft MSC circular

In reviewing the draft text prepared by SDC 2, MSC 95 agreed to delete ‘gutter bar’, keeping steel coaming only, from a figure indicating typical arrangements for prevention of heat transmission at intersections and terminal points of insulation of deck and/or bulkhead.

Consideration of other instruments (SOLAS, other resolutions and circulars) prepared by SDC 2

In addition to the above, MSC 95 reviewed and approved/adopted the following draft instruments:

- Amendments to chapter 6 of part B of the 2008 IS Code regarding ice accretion on cargo ships carrying timber deck cargoes;

- Draft amendments to the introduction of the 2008 IS Code regarding vessels engaged in anchor-handling operations, with a view to subsequent adoption at MSC 96;

- Draft amendments to part B of the 2008 IS Code regarding vessels engaged in anchor-handling operations, in principle, for conclusion at MSC 96 in conjunction with the above mandatory part;

- MSC Circular on the unified interpretation of the Guidelines for safe access to tanker bows (Resolution MSC.62(67));

- MSC resolution on amendments to the Guidelines for the application of plastic pipes on ships (Resolution A.753(18)), as amended by Resolution MSC.313(88);

- MSC Circular on the unified interpretation of SOLAS regulation II-2/13.6;

- Draft amendments to SOLAS regulation II-1/22 on watertight doors, in principle, and instructed SDC 3 to include this work into the work associated with the draft amendments to SOLAS chapter II-1 on subdivision and damage stability regulations (see above) without re-opening the discussion on the technical content;

- MSC Circular on the guidance for watertight doors on passenger ships which may be opened during navigation;

- Draft amendments to the 2011 ESP Code, with a view to subsequent adoption at MSC 96;

- Amendments to MSC.1/Circ.1464/Rev.1 on the technical provisions for means of access;

- MSC Circular on Unified interpretations on regulation 36(6) of the Protocol of 1988 relating to the International Convention on Load Lines, 1966;

- MSC Circular on the unified interpretations of the Code on Noise Levels on board Ships (Resolution MSC.337(91)); and

- MSC Circular on the unified interpretations of SOLAS regulations II-2/9 and II-2/13.

Other actions

MSC 95 endorsed the decision of SDC 2 to hold an intersessional meeting of the FSA Experts Group from 10 to 12 November 2015, for the validation of the EMSA 3 study related to survivability of passenger ships (see also agenda item 6).

Navigation, communications and search and rescue (report of the second session of the

Sub-Committee) (agenda item 11)

NSCR 2 was held in March 2015. Lloyd’s Register’s report on the meeting can be found here. MSC 95 considered the outcome of NCSR 2, and the following items, inter alia, are relevant to the work of Lloyd’s Register.

Primary discussions

MSC resolution on Performance standards for multi-system shipborne radionavigation receivers

Considering the performance standards, MSC 95 agreed that there should be the opportunity to have a terrestrial radio navigation system in a multi-system receiver, but that this should be on a voluntary basis so that the shipping

companies can decide on the best system for their ships without incurring additional costs.

Consideration of other instruments (SOLAS, other resolutions and circulars) prepared by NCSR 2

MSC 95 reviewed and approved/adopted the following draft instruments:

- MSC resolution on amendments to the Revised performance standards and functional requirements for the Long-range identification and tracking (LRIT) of ships (Resolution MSC.263(84), as amended);

- Amendments to the LRIT Technical documentation, parts I and II (MSC.1/Circ.1259/Rev.6 and MSC.1/Circ.1294/Rev.4, respectively);

- MSC circular on Guidelines on Software Quality Assurance and Human Centred Design for e-navigation; and

- MSC circular on amendments to the IAMSAR Manual, taking into account ICAO's concurrence with the inclusion of the proposed amendments to the Manual, for inclusion in the 2016 edition.

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Ship systems and equipment (urgent matters emanating from the second session of the

Sub-Committee) (agenda item 12)

SSE 2 was held in March 2015. Lloyd’s Register’s report on the meeting can be found here. MSC 95 considered the outcome of SSE 2 that are considered urgent. The remaining issues will be reviewed by MSC 96 (May 2016).

Primary discussions

Draft amendments to SOLAS regulation II-2/20.3

MSC 95 agreed to the proposed changes and forwarded them to the drafting group established under agenda item 3 (see agenda item 3).

Future work plan on the GBS framework for life-saving appliances

SSE 2 agreed that before there could be any further development of the functional requirements for SOLAS Chapter III, clear instructions from MSC 95 on the scope and direction of the work were needed. MSC 95, having reviewed the two options on the way forward suggested by SSE 2, agreed to instruct the Sub-Committee to develop the functional requirements for SOLAS chapter III, by using the Generic guidelines for developing IMO goal-based standards (MSC.1/Circ.1394). The task is expected to be completed at SSE 4 and the outcome submitted to MSC 98 (see also the notes under agenda item 5).

Lifting appliances and winches

SSE 2 requested MSC 95 to provide a clear direction for the task. MSC 95 agreed as follows:

- That broad goal and function based SOLAS requirements should be developed together with associated IMO guidelines;

- That the guidelines should cover the designs, fabrication and construction, onboard procedures for routine inspection, maintenance and operation of lifting appliances and winches; and

- That the design, fabrication and construction of lifting appliances and winches should be based on existing industry Codes or standards acceptable to the Organization.

The correspondence group established by SSE 2 would be instructed accordingly.

There was some discussion regarding the scope of the work and the definition of a ‘lifting appliance’ and a number of member states considered that this work should be restricted to lifting appliances used for cargo handling operations, but this was not agreed.

Use of low flashpoint fuel

MSC 95 noted the conclusion of SSE 2 that the review of flashpoint requirements for oil fuel in SOLAS chapter II-2 should be considered within the framework of the IGF Code and interested member Governments and international organisations were invited to submit their comments and proposals directly to the IGF Correspondence Group established by the CCC Sub-Committee or to CCC 2.

HSC Code

There was a question posed at SSE 2 on the dispensation of carriage requirements for rescue boats for high-speed craft of less than 30m in length as they themselves can serve as a rescue boat. The current HSC Code has discrepancies on this exemption but owing to the withdrawal of the submission document, SSE 2 was not able to conclude the matter. IACS expressed its intention to submit a document to SSE 3.

Requirements for periodic servicing and maintenance of lifeboats and rescue boats, launching appliances and release gear

MSC 95 recalled that draft amendments to SOLAS regulation III/3 and III/20 as well as an associated draft MSC Resolution on the ‘Requirements for periodic servicing and maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear’ had been returned to SSE for further work by MSC 93 due to discrepancies and inconsistencies in the text.

MSC 95 noted that SSE 2 had not been able to agree whether certified company personnel shall be allowed to carry out annual thorough examinations and what training and/or certification and authorisation was necessary.

After some discussion based on the practical experience of applying MSC.1/Circ.1206/Rev.1 and MSC.1/Circ.1277, the group agreed that the annual thorough examination shall be carried out by the manufacturer; or a service provider authorized by the Administration.

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SSE 3 was instructed to complete the work as necessary and submit it to MSC 96.

Consideration of other instruments (SOLAS, other resolutions and circulars) prepared by SSE 2

MSC 95 reviewed the approval/adoption of the following draft instruments:

- MSC circular on Performance standard, functional requirements and system requirements for the assessment of smoke management systems;

- MSC circular on Revised design guidelines and operational recommendations for ventilation systems in ro-ro cargo spaces;

- MSC circular on Amendments to the Revised guidelines for the maintenance and inspection of fire protection systems and appliances (MSC.1/Circ.1432);

- Draft amendments to chapter 8 of the FSS Code for subsequent adoption at MSC 96;

- Draft new chapter 17 of the FSS Code for subsequent adoption at MSC 96; and

- Draft MSC resolution on Amendments to chapter 9 of the 2009 MODU Code for final adoption at MSC 96 in conjunction with the adoption of the new chapter 17 of the FSS Code.

Piracy and armed robbery against ships (agenda item 15)

High Risk Area (HRA)

Currently, the industry-developed guide Best Management Practices (BMP) for Protection against Somalia Based Piracy defines an area which is considered as “high-risk” due to piracy activities. However, some member States expressed their concerns over the area defined and the mechanism of defining and disseminating information on the area. MSC 95, after an intense discussion, approved an MSC Circular on Piracy and armed robbery against ships in waters off the coast of Somalia - Best Management Practices for Protection against Somalia-based Piracy, which explains the HRA established by the BMP and IMO’s position on it.

MSC 95 expressed sympathy for the proposal by Egypt to

remove the Gulf of Suez and the Red Sea from the HRA definition in the BMP therefore, a

n explanation is

included in the circular that

the HRA as defined in the BMP is susceptible to change based on changes in the

actual threat circumstances.

Revision to MSC 1/Circ.1406 series - Revised interim recommendations for flag states regarding the use of privately contracted armed security personnel on board ships in the high risk area in relation to ISO 28007 - Guidelines for private maritime security companies (PMSC) providing privately contracted armed security personnel (PCASP) on board ships

MSC 95, noting that ISO had completed its work on ISO 28007 on Guidelines for private maritime security companies (PMSC) providing privately contracted armed security personnel (PCASP) on board ships, which is now publicly available, inserted the following reference in the MSC Circular:

“ensuring that PMSC employing PCASP on board ships hold valid accredited certification to ISO 28007-1:2015 (Ships and marine technology – Guidelines for Private Maritime Security Companies (PMSC) providing privately contracted armed security personnel (PCASP) on board ships) or meet applicable national requirements”.

Floating armouries

Whilst more merchant ships use Privately Contracted Armed Security Personnel (PCASP), many coastal States in the region are not prepared to provide armoury, magazine and storage facilities for PCASP equipment in their port areas. Consequently, a number of floating armouries were set up by private companies providing a service around the High Risk Areas where weapons, ammunition and security-related equipment could be stored on vessels outside territorial waters of coastal States.

MSC 95 shared the concerns over this practice, however, could not agree to how to approach this issue, owing to various legal issues, and invited members to submit concrete proposals on possible output (solutions) to MSC 96.

Implementation of instruments and related matters (agenda item 16)

Under this agenda item, MSC 95 considered large containership safety and Japan and Bahamas presented three recommendations, namely:

- The effect of the lateral loads;

- Effects of whipping responses; and

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IACS explained about IACS Unified Requirements (URs) and classification rules of individual societies in general, and their relationship. IACS also informed MSC 95 on the current work on URs relating to large container ships.

MSC 95 requested IACS to keep the Committee informed on any developments on relevant IACS Unified Requirements.

Any other business (Agenda item 21)

The following were discussed under this agenda item.

Implementation of SOLAS regulation III/1.5 on the replacement of lifeboat release and retrieval system

There was a submission paper on the difficulties of implementing this regulation, where lifeboat manufacturers are not able to provide the service required owing to a lack of spare parts or lack of global coverage of the service. The

submission suggested amendment to MSC.1/Circ. 1392 - Guidelines for evaluation and replacement of lifeboat release and retrieval systems. However, MSC 95 did not agree to the proposal as it could create a loophole in the requirement, and more fundamentally, it agreed that any further discussion will require a new unplanned output.

Application of the Code on noise levels on board ships

MSC 95 noted that there was an error in the text of the Code adopted by Resolution MSC.337(91) and associated amendment to the SOLAS Convention adopted by Resolution MSC.338(91)), which made the Code mandatory under regulation II-1/3-12 with entry into force on 1 July 2014. MSC 95 requested that the submitter proposes concrete text for rectification to MSC 96 under “Implementation of instruments and related matters”

Mixed migration by sea

MSC 95 had a dedicated session on this issue and expressed concern over the high number of deaths in the

Mediterranean Sea, the Gulf of Aden and the Bay of Bengal resulting from the smuggling of migrants in unsafe, grossly overloaded vessels not fit for the carriage of persons. MSC 95 condemned the activities of criminals who embark persons on unsafe crafts with no regards for the safety of life at sea. The issue is put on the agenda for MSC and the FAL committee. MSC 95 also instructed the NCSR Sub-Committee to work on this subject.

Others

MSC 95 addressed the following:

- Entry into force and implementation of the 2012 Cape Town Agreement - concerns were expressed regarding slow progress of ratification and a draft Assembly resolution calling for early ratification was approved for adoption at 29th

Assembly scheduled for November 2015;

- Request for data on incidents within polar waters - MSC 95 noting the information provided agreed to invite members to submit such information further ahead;

- Pilot Ladders (SOLAS regulation V/23.4 and Resolution A.1045(27)) – Access to the ship's deck - proposed revisions to the Assembly resolution clarifying the access arrangements were approved for adoption at the 29th

session of the Assembly.

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This report has been produced and disseminated immediately after the closure of the meeting in order to provide timely advice to the reader. Subsequently we apologise if it has not been fully proof read to remove grammatical errors.

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References

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