Tuig
Tuig
Tuig
4
2. CONDITION ASSESSMENT SCHEME………………………………………………………………………. 7
3. CONTINUOUS SURVEY OF HULL……………………………………………………………………………. 8
4. LIST OF CONVENTIONS ………………………………………………………………………………………. 9
5. SOLAS…………………………………………………………………………………………………………………… 10
6. MARPOL……………………………………………………………………………………………………………….. 11
7. AMMENDMENTS: SOLAS and MARPOL………………………………………………………………… 20
8. CLC, FUND AND SUPPLEMENTARY FUND CONVENTION ……………………………………….
9. BASEL CONVENTION …………………………………………………………………………………………….
10. NAIROBI WRECK REMOVAL CONVENTION…………………………………………………………….
11. TONNAGE CONVENTION
12. HONGKONG RECYCLING OF SHIPS CONVENTION………………………………………………….
13. LONDON CONVENTION………………………………………………………………………………………….
14. AFS CONVENTION………………………………………………………………………………………………….
15. LOADLINE CONVENTION……………………………………………………………………….
16. FAL CONVENTION……………………………………………………………………….
17. SUA CONVENTION……………………………………………………………………….
18. STCW……………………………………………………………………….
19. BALLAST WATER MANAGEMENT……………………………………………………………………….
20. UNCLOS……………………………………………………………………….
21. IMSO and IMSAR……………………………………………………………………….
22. OPA 90and OPRC……………………………………………………………………….
23. CLEAN AIR ACT……………………………………………………………………….
24. GOAL BASED SHIPPING……………………………………………………………………….
25. POLAR CODE……………………………………………………………………….
26. III CODE……………………………………………………………………….
27. NOISE CODE………………………………………………………………………………………………………….
28. IMSBC and BLU CODE……………………………………………………………………….
29. MS ACT……………………………………………………………………….
30. SAFE MANNING……………………………………………………………………….
31. UNFCCC and COP21, KYOTO and DOHA Protocol
32. HUMAN ELEMENT………………………………………………………………………………………………….
33. HARMONIZED SYSTEM OF SURVEY AND CERTIFICATION, HSSC SURVEY………………...
34. DEFINITIONS………………………………………………………………………………………………………….
35. STRUCTURE OF IMO AND ADOPTION OF CONVENTION…………………………………………
36. HAGUE RULE, HAGUE‐VISBY RULE, ……………………………………………………….………………
37. REGISTRATION OF SHIP…………………………………………………………………………………………
38. PSC……………………………………………………………………………………………………………………….
39. SAFCON SURVEY……………………………………………………………………………………………………
40. CONTINUOUS SYNOPSIS RECORD…………………………………………………………………………
41. ISPS CODE……………………………………………………………………………………………………………
42. DERATING……………………………………………………………………………………………………………
43. IACS AND CLASSIFICATION SOCIETY……………………………………………………………………
44. LLOYD’S OPEN FORM AND SCOPIC CLAUSE…………………………………………………………
45. MARPOL ANNEX VI CHAPTER 4……………………………………………………………………………
46. EEDI, EEOI, SEEMP……………………………………………………………………………………………….
47. STRATEGY AND TACTIS……………………………………………………………………………………….
48. RISK ASSESSMENT……………………………………………………………………………………………….
49. PSSA……………….……………………………………………………………………………………………………
50. ARBITRATIONand MEDIATION……………………………………………………………………………
51. ICS AND BIMCO SHIPPING…………………………………………………………………………………….
52. ENGINE RESOURCE MANAGEMENT………………………………………………………………………
1
Rupesh Pillai
53. LEADERSHIP AND MANAGER……………………………………………………………………………….
54. WELFARE SOCIETY……………………………………………………………………………………………….
55. GALILEO SATELLITE………………………………………………………………………………………………
56. FINITE ELEMENT ANALYSIS………………………………………………………………………………….
57. CYBER SECURITY………………………………………………………………………………………………….
58. TAILSHAFT…………………………………………………………………………………………………………..
59. CHARTERER ………………………………………………………………………………………………………..
60. INSURANCE
i. P and I INSURANCE……………………………………………………………………….
ii. H and M INSURANCE……………………………………………………………………….
iii. CARGO INSURANCE……………………………………………………………………….
61. COST of SHIPPING…………………………………………………………………………………………………………….. 124
62. MLC……………………………………………………………………….
63. DAMPERS, DETUNERS AND COMPENSATORS……………………………………………………
64. FSI and PSC……………………………………………………………………………………………….
65. CO2 SYSTEM……………………………………………………………………………………………….
66. SHIP CONSTRUCTION……………………………………………………………………………………………….
i. MULTIPLE LOADLINE……………………………………………………………………………………………….
ii. RUDDER……………………………………………………………………………………………….
iii. DRYDOCKING……………………………………………………………………………………………….
iv. BULK CARRIER……………………………………………………………………………………………….
v. TANKER……………………………………………………………………………………………….
vi. CHEMICAL TANKER……………………………………………………………………………………………….
67. NAVAL ARCHITECTURE
i. DEFINITIONS AND FUNDAMENTALS OF STABILITY
ii. GZ CURVES and CROSS CURVES and
iii. HYDROSTATIC and BONJEAN CURVES
iv. INTACT and DAMAGE STABILITY CRITERIA
v. PROBABLISTIC and DETERMINSTIC APPROACH
vi. STABILITY BOOKLET……………………………………………………………………………………………….
vii. RESISTANCE and POWER……………………………………………………………………………………………….
68. ADDITIONAL QUESTIONS
i. CE and BUDGETING……………………………………………………………………………………………….
ii. TMSA……………………………………………………………………………………………….
iii. GMDSS SEA AREAS……………………………………………………………………………………………….
iv. LRIT……………………………………………………………………………………………….
v. SHIP AQUISITION……………………………………………………………………………………………….
vi. SOLAS REQUIREMENT FOR TANKER……………………………………………………………………………………………….
vii. BUNKER……………………………………………………………………………………………….
viii. EQUIPMENT NUMBER……………………………………………………………………………………………….
ix. DUTIES OF MMD AND DG……………………………………………………………………………………………….
x. UN SPECIAL AGENCIES
69. TECHNICAL QUESTIONS
i. VIT and SUPER VIT……………………………………………………………………………………………….
ii. CHALLENGES WITH LOW SULPHUR FUEL OIL
iii. NDT TECHNOLOGY……………………………………………………………………………………………….
iv. CO2 CAPTURE……………………………………………………………………………………………….
v. GREEN ENGINES and MILLER CYCLE……………………………………………………………………………………………….
vi. CORIOLIS EFFECT……………………………………………………………………………………………….
vii. PROPELLER CURVE……………………………………………………………………………………………….
viii. DEVELOPMENTS IN PROPELLER and IMPROVING PROPELLER ENGINE EFFICIENCY
ix. DEVELOPMENTS IN TURBOCHARGER
2
Rupesh Pillai
x. BWM……………………………………………………………………………………………….
xi. FRAMO PUMP……………………………………………………………………………………………….
xii. ALTERNATE FUEL……………………………………………………………………………………………….
3
Rupesh Pillai
ENHANCED SURVEY PROGRAMME:
Enhanced survey programme is a guideline for shipping companies and owners to prepare their ship for special
surveys to maintain the safety of the ship while at sea or at port.
A new chapter XI is added for special measures to enhance maritime safety under this resolution. According to these
guidelines, it has 2 Annexes
o Annex A: Guidelines on enhance survey programme of inspection during survey of bulk carrier.
Has 2 parts:
Part A: Single Skin
Part B: Double skin construction
o Annex B: Guidelines on enhance survey programme of inspection during survey of oil tankers.
Has 2 parts:
Part A: oil tankers with double Hull Tankers
Part B: Oil tankers other than double hull
Each Part A & B has 9 chapters which are almost similar. The only dissimilarities being operational and
constructional aspects of both type of vessels i.e. oil tankers and bulk carriers
The chapters
o Chapter 1: General application, documentation onboard to be completed prior to the inspection which is to
be served as basis for surveys
o Chapter 2: Renewal Survey.
o Chapter 3: Annual Survey
o Chapter 4: Intermediate Survey
o Chapter 5: Preparation of Survey
o Chapter 6: Documentation on board.
o Chapter 7: Procedure for thickness
o Chapter 8: Reporting and evaluation.
HAVING CONSIDERED the recommendations made by the Maritime Safety Committee at its sixty‐second session
and the Marine Environment Protection Committee at its thirty‐fourth session
o the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers, set out in Annex
A to the present resolution, and
o the Guidelines on the Enhanced Programme of Inspections During Surveys of Oil Tankers, set out in Annex B
to the present resolution
APPLICATION:
o The Guidelines should apply to surveys of hull structure and piping systems in way of cargo holds,
cofferdams, pipe tunnels, void spaces within the cargo length area and all ballast tanks. The surveys should
be carried out during the surveys prescribed by the 1974 SOLAS Convention, as amended.
o The Guidelines should apply to surveys of hull structure and piping systems in way of cargo holds,
cofferdams, pipe tunnels, void spaces within the cargo length area and all ballast tanks. The surveys should
be carried out during the surveys prescribed by the 1974 SOLAS Convention, as amended.
DEFINITION:
o Bulk carrier is a ship which is constructed generally with single deck, top‐side tanks and hopper side tanks in
cargo spaces, and is intended primarily to carry dry cargo in bulk and includes such types as ore carriers and
combination carriers
o Representative spaces are those which are expected to reflect the condition of other spaces of similar type
and service and with similar corrosion prevention systems. When selecting representative spaces account
should be taken of the service and repair history on board and identifiable critical and/or suspect areas.
o Close‐up survey is a survey where the details of structural components are within the close visual inspection
range of the surveyor, i.e. normally within reach of hand
4
Rupesh Pillai
o Suspect areas are locations showing substantial corrosion and/or are considered by the surveyor to be
prone to rapid wastage.
o Substantial corrosion is an extent of corrosion such that assessment of corrosion pattern indicates a
wastage in excess of 75% of allowable margins, but within acceptable limits
o Coating conditionis defined as follows:
GOOD ‐ condition with only minor spot rusting;
FAIR ‐ condition with local breakdown of coating at edges of stiffeners and weld
connections and/or light rusting over 20% or more of areas under consideration, but less than as
defined for POOR condition
POOR ‐ condition with general breakdown of coating over 20% or more of areas or hard
scale at 10% or more of areas under consideration.
o Critical structural areas are locations which have been identified from calculations to require monitoring or
from the service history of the subject ship or from similar or sister ships to be sensitive to cracking,
buckling or corrosion which would impair the structural integrity of the ship.
SURVEYORS
o For bulk carriers of 20,000 tons deadweight and above, two surveyors should jointly carry out the first
scheduled renewal survey after the bulk carrier passes 10 years of age (i.e. third renewal survey), and all
subsequent renewal surveys and intermediate surveys.
ENHANCED SURVEY CARRIED OUT DURING PERIODICAL SURVEY
o The enhanced survey may be commenced at the fourth annual survey and be progressed during the
succeeding year with a view to completion by the fifth anniversary date
o The survey should include, in addition to the requirements of the annual survey, examination, tests and
checks of sufficient extent to ensure that the hull and related piping is in a satisfactory condition and is fit
for its intended purpose for the new period of validity of the Cargo Ship Safety Construction Certificate,
subject to proper maintenance and operation and to periodical surveys being carried out.
o All cargo holds, ballast tanks, pipe tunnels, cofferdams and void spaces bounding cargo holds, decks and
outer hull should be examined, and this examination should be supplemented by thickness measurement
and testing as deemed necessary, to ensure that the structural integrity remains effective. The examination
should be sufficient to discover substantial corrosion, significant deformation, fractures, damages or other
structural deterioration
REQUIREMENTS FOR CLOSE‐UP SURVEY AT PERIODICAL SURVEYS
Age ≤ 5 years 5 < Age ≤ 10 years 10 < Age ≤ 15 years Age > 15 years
Complete transverse ONE WEB FRAME ALL WEB FRAME RINGS – in ALL WEB FRAME As for ships
web frame ring RING – in a ballast a ballast wing tank, if any, RINGS – in all ballast referred to in
including adjacent wing tank, if any, or or a cargo wing tank used tanks column 3
structural members a cargo wing tank primarily for water ballast Additional
used ALL WEB FRAME transverses
RINGS – in a cargo included as
wing tank deemed
necessary by
A minimum of 30% the
of all web frame Administration
rings in each
remaining cargo
wing tank
Deck transverse ONE DECK ONE DECK TRANSVERSE –
including adjacent TRANSVERSE – in a in each of the remaining
deck structural cargo tank ballast tanks, if any
members
ONE DECK TRANSVERSE –
5
Rupesh Pillai
in a cargo wing tank
ONE DECK TRANSVERSE –
in two cargo centre tanks
Transverse BOTH TRANSVERSE ALL TRANSVERSE
bulkheads complete BULKHEADS in a wing BULKHEADS – in all
– including girder ballast tank, if any, or a cargo and ballast
system and adjacent cargo wing tank used tanks
members primarily for water ballast
Transverse bulkhead ONE TRANSVERSE ONE TRANSVERSE
lower part– BULKHEAD – in a BULKHEAD – in each
including girder cargo wing tank remaining ballast tank
system and adjacent
structural members ONE TRANSVERSE ONE TRANSVERSE
BULKHEAD – in a BULKHEAD – in a cargo
cargo centre tank wing tank
ONE TRANSVERSE
BULKHEAD – in two cargo
centre tanks
Deck and bottom A minimum of 30%
transverse including of deck and bottom
adjacent structural transverses including
members adjacent structural
members in each
cargo centre tank
Additional complete As considered
transverse web ring necessary by the
frame Administration
REQUIREMENTS FOR THICKNESS MEASUREMENTS AT RENEWAL SURVEYS
Age ≤ 5 years 5 < Age ≤ 10 years 10 < Age ≤ 15 years Age > 15 years
One section of deck plating Within the cargo area: Within the cargo area: Within the cargo area:
for the full beam of the .1 each deck plate .1 each deck plate .1 each deck plate
ship within the cargo area .2 one transverse section .2 two transverse sections .2 three transverse sections
(in way of a ballast tank, if .3 all wind and water .3 each bottom plate
any, or a cargo tank used strakes
primarily for water ballast)
Measurements of Measurements of Measurements of Measurements of
structural members subject structural members subject structural members subject structural members subject
to close‐up survey to close‐up survey to close‐up survey to close‐up survey
Suspect areas Suspect areas Suspect areas Suspect areas
Selected wind and water Selected wind and water All wind and water strakes
strakes outside the cargo strakes outside the cargo in full length
area area
6
Rupesh Pillai
CONDITION ASSESSMENT SCHEME
The Condition Assessment Scheme (CAS) as a mandatory requirement under the revised regulation 13G of Annex
I to MARPOL 73/78 enter into force on 1st September 2002
Category of Tanker
o Category 1 oil tanker:
Oil tanker of 20,000 tons deadweight and above carrying crude oil, fuel oil, heavy diesel oil or
lubricating oil as cargo, and of 30,000 tons deadweight and above carrying oil other than the above,
which does not comply with the requirements for new oil tankers as defined in Regulation 1(26) of
Annex1 of MARPOL 73/78.
o Category 2 of oil tanker:
Oil tanker of 20,000 tons deadweight and above carrying crude oil, fuel oil, heave diesel oil or
lubricating oil as cargo, out of 30,000 tons deadweight and above carrying oil other than the above,
which complies with the requirements for new oil tankers
o Category 3 oil tanker
Oil tanker of 5,000 tons deadweight and above but less than than specified as Category 1 and
Category 2 oil tanker.
It has been developed on the basis of Annex B of the Guidelines on the Enhanced Programme of Inspections, which
are carried out in accordance with Chapter XI‐1 of the SOLAS convention
It applies to surveys of the hull structure in way of cargo tanks, pump rooms, cofferdams, pipe tunnels, void spaces
within the cargo tanks, and all ballast tanks.
The first CAS survey shall be carried out alongwith the enhanced programme of inspections, concurrent with the
intermediate or renewal survey after 05‐04‐2005 or when the ship reaches 15 years of age, whichever occurs later.
Thereafter it shall be carried out at intervals of 5 ½ years
It shall be carried out by the Flag State or by RO.
PROCEDURE OF SURVEY
o Ship owner shall notify the Flag State and RO of its intention to proceed with the CAS
o RO shall issue a Survey Planning Questionnaire to the owner in the prescribed format
o The owner shall complete the questionnaire and send it to the RO and the Flag State.
o Owner shall prepare a Survey Plan for the CAS, in co‐operation with the RO and the Flag State, and submit it
to both of them
o The plan shall be developed using the Model Survey Plan set out in the appendix to this Scheme
o Extent of the survey shall be in accordance with this Scheme and the enhanced programme of inspections,
including close‐up surveys and thickness measurements
o The survey shall be conducted safely in accordance with the mandatory requirements stated in the
appendix to this Scheme.
o At least 2 qualified exclusive surveyors of the RO, who have been trained and are experienced in carrying
out intermediate or renewal surveys, shall carry out this survey. They shall also supervise the taking of the
thickness measurement
o To ensure safe and efficient execution of the survey, a meeting shall be held between the surveyors,
owner’s representative, thickness measurement firm operator and Master.
o All recommendations and conditions of class shall be rectified to the satisfaction of the RO.
o Surveyor/s shall prepare the CAS Survey Report, as stated in this Scheme, and forward it to RO headquarters
for review, alongwith photographs, sketches, scantlings, etc.
o After review, the RO shall prepare the CAS Final Report, as stated in this Scheme, and submit it to the Flag
State.
o The RO shall issue an Interim Statement of Compliance to the tanker in the prescribed format, valid for 5
months or till the Statement of compliance is issued by the Flag State, whichever is earlier.
o The Flag State shall review the final report and prepare a Review Record.
o On satisfactory completion of the above actions, the Flag State shall issue a Statement of Compliance to the
tanker in the prescribed format, valid for £ 5 ½ years, alongwith the final report of the RO and the review
record of the State. On issue of this statement, the interim statement issued by the RO shall expire.
7
Rupesh Pillai
CONTINUOUS SURVEY OF HULL
APPLICATION
o This system covers internal examinations, close‐up surveys and thickness measurements of tanks and
spaces and pressure tests of tanks.
o (2) This system is not applicable to oil tankers, bulk carriers, ships carrying dangerous chemicals in bulk and
general dry cargo ships of not less than 500 gross tonnage.
o (3) For ships more than 10 years of age, the ballast tanks are to be internally examined twice in each five‐
year class period, ie. once within the scope of the intermediate survey and once within the scope of the
continuous system for the special survey
o CHS is not applicable to ESP ships
DETAILS:
o Each cycle of Continuous Hull Surveys is to be planned to commence at the time of the next survey to
classification survey or any special survey and complete internal examinations (including thickness
measurements) of each tank and space and pressure tests by the completion of the subsequent special
surveys.
o “Continuous Hull Survey Record” survey file is to be maintained on board..
o After confirming that the submitted CHS plan complies with the requirements for all tanks and spaces, the
application is to be approved and returned to the applicant for placing in the onboard survey file. (One copy
is to be forwarded to Classification Department.)
8
Rupesh Pillai
LIST OF CONVENTIONS
Key IMO Conventions
o International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
o International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of
1978 relating thereto and by the Protocol of 1997(MARPOL)
o International Convention on Standards of Training, Certification and Watch keeping for Seafarers ( STCW )
as amended, including the 1995 and 2010 Manila Amendments
Other conventions relating to maritime safety and security and ship/port interface
o Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
o Convention on Facilitation of International Maritime Traffic (FAL), 1965
o International Convention on Load Lines (LL), 1966
o International Convention on Maritime Search and Rescue (SAR), 1979
o Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), 1988, and
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the
Continental Shelf (and the 2005 Protocols)
o International Convention for Safe Containers (CSC), 1972
o Convention on the International Maritime Satellite Organization (IMSO C), 1976
o The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977, superseded by the
The 1993 Torremolinos Protocol; Cape Town Agreement of 2012 on the Implementation of the Provisions of
the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels
o International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel
Personnel (STCW‐F), 1995
o Special Trade Passenger Ships Agreement (STP), 1971 and Protocol on Space Requirements for Special Trade
Passenger Ships, 1973
Other conventions relating to prevention of marine pollution
o International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties
(INTERVENTION), 1969
o Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), 1972 (and
the 1996 London Protocol)
o International Convention on Oil Pollution Preparedness, Response and Co‐operation (OPRC), 1990
o Protocol on Preparedness, Response and Co‐operation to pollution Incidents by Hazardous and Noxious
Substances, 2000 (OPRC‐HNS Protocol)
o International Convention on the Control of Harmful Anti‐fouling Systems on Ships (AFS), 2001
o International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
o The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009
Conventions covering liability and compensation
o International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
o 1992 Protocol to the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage (FUND 1992)
o Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR), 1971
o Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
o Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
o International Convention on Liability and Compensation for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea (HNS), 1996 (and its 2010 Protocol)
o International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
o Nairobi International Convention on the Removal of Wrecks, 2007
Other subjects
o International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
o International Convention on Salvage (SALVAGE), 1989
9
Rupesh Pillai
SOLAS
Adoption: 1 November 1974; Entry into force: 25 May 1980
The SOLAS Convention in its successive forms is generally regarded as the most important of all international
treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic
disaster, the second in 1929, the third in 1948, and the fourth in 1960. The 1974 version includes the tacit
acceptance procedure ‐ which provides that an amendment shall enter into force on a specified date unless, before
that date, objections to the amendment are received from an agreed number of Parties.
A SOLAS ship (as defined in Maritime Rule Part 21) is anyship to which the International Convention for the Safety
of Life at Sea 1974 applies; namely: a passenger ship engaged on an international voyage, or. a non‐
passenger ship of 500 tons’ gross tonnage or more engaged on an international voyage.
The regulations, unless expressly provided otherwise, do not apply to:
o Ships of war and troopships.
o Cargo ships of less than 500 gross tons.
o Ships not propelled by mechanical means.
o Wooden ships of primitive build.
o Pleasure yachts not engaged in trade.
o Fishing vessels.
Chapter I ‐ General Provisions
o Includes regulations concerning the survey of the various types of ships and the issuing of documents
signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions for
the control of ships in ports of other Contracting Governments.
Chapter II‐1 ‐ Construction ‐ Subdivision and stability, machinery and electrical installations
o The subdivision of passenger ships into watertight compartments must be such that after assumed damage
to the ship's hull the vessel will remain afloat and stable. Requirements for watertight integrity and bilge
pumping arrangements for passenger ships are also laid down as well as stability requirements for both
passenger and cargo ships.
o The degree of subdivision ‐measured by the maximum permissible distance between two adjacent
bulkheads ‐ varies with ship's length and the service in which it is engaged. The highest degree of
subdivision applies to passenger ships.
o Requirements covering machinery and electrical installations are designed to ensure that services which are
essential for the safety of the ship, passengers and crew are maintained under various emergency
conditions.
o "Goal‐based standards" for oil tankers and bulk carriers were adopted in 2010, requiring new ships to be
designed and constructed for a specified design life and to be safe and environmentally friendly, in intact
and specified damage conditions, throughout their life. Under the regulation, ships should have adequate
strength, integrity and stability to minimize the risk of loss of the ship or pollution to the marine
environment due to structural failure, including collapse, resulting in flooding or loss of watertight integrity.
Chapter II‐2 ‐ Fire protection, fire detection and fire extinction
o Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships
and tankers.
o They include the following principles: division of the ship into main and vertical zones by thermal and
structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and
structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin;
containment and extinction of any fire in the space of origin; protection of the means of escape or of access
for fire‐fighting purposes; ready availability of fire‐extinguishing appliances; minimization of the possibility
of ignition of flammable cargo vapour.
Chapter III ‐ Life‐saving appliances and arrangements
o The Chapter includes requirements for life‐saving appliances and arrangements, including requirements for
life boats, rescue boats and life jackets according to type of ship. The International Life‐Saving Appliance
10
Rupesh Pillai
(LSA) Code gives specific technical requirements for LSAs and is mandatory under Regulation 34, which
states that all life‐saving appliances and arrangements shall comply with the applicable requirements of the
LSA Code.
Chapter IV ‐ Radio communications
o The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger ships and
all cargo ships of 300 gross tonnage and upwards on international voyages are required to carry equipment
designed to improve the chances of rescue following an accident, including satellite emergency position
indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or
survival craft.
o Regulations in Chapter IV cover undertakings by contracting governments to provide radiocommunication
services as well as ship requirements for carriage of radiocommunications equipment. The Chapter is closely
linked to the Radio Regulations of the International Telecommunication Union.
Chapter V ‐ Safety of navigation
o Chapter V identifies certain navigation safety services which should be provided by Contracting
Governments and sets forth provisions of an operational nature applicable in general to all ships on all
voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship
engaged on international voyages.
o The subjects covered include the maintenance of meteorological services for ships; the ice patrol service;
routeing of ships; and the maintenance of search and rescue services.
o This Chapter also includes a general obligation for masters to proceed to the assistance of those in distress
and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently manned from a
safety point of view.
o The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship
identification systems (AIS).
Chapter VI ‐ Carriage of Cargoes
o The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their particular
hazards to ships or persons on board, may require special precautions". The regulations include
requirements for stowage and securing of cargo or cargo units (such as containers). The Chapter requires
cargo ships carrying grain to comply with the International Grain Code.
Chapter VII ‐ Carriage of dangerous goods
o The regulations are contained in three parts:
o Part A ‐ Carriage of dangerous goods in packaged form ‐ includes provisions for the classification, packing,
marking, labelling and placarding, documentation and stowage of dangerous goods. Contracting
Governments are required to issue instructions at the national level and the Chapter makes mandatory the
International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated to
accommodate new dangerous goods and to supplement or revise existing provisions.
o Part A‐1 ‐ Carriage of dangerous goods in solid form in bulk ‐ covers the documentation, stowage and
segregation requirements for these goods and requires reporting of incidents involving such goods.
o Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires
chemical tankers to comply with the International Bulk Chemical Code (IBC Code).
o Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers to
comply with the requirements of the International Gas Carrier Code (IGC Code).
o Part D includes special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and
high‐level radioactive wastes on board ships and requires ships carrying such products to comply with the
International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‐Level
Radioactive Wastes on Board Ships (INF Code).
o The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions of the
International Maritime Dangerous Goods Code (IMDG Code).
Chapter VIII ‐ Nuclear ships
o Gives basic requirements for nuclear‐powered ships and is particularly concerned with radiation hazards. It
refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted by the
IMO Assembly in 1981.
11
Rupesh Pillai
Chapter IX ‐ Management for the Safe Operation of Ships
o The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety
management system to be established by the shipowner or any person who has assumed responsibility for
the ship (the "Company").
Chapter X ‐ Safety measures for high‐speed craft
o The Chapter makes mandatory the International Code of Safety for High‐Speed Craft (HSC Code).
Chapter XI‐1 ‐ Special measures to enhance maritime safety
o The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for
carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship identification
number scheme; and port State control on operational requirements.
Chapter XI‐2 ‐ Special measures to enhance maritime security
o Regulation XI‐2/3 of the chapter enshrines the International Ship and Port Facilities Security Code (ISPS
Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply with the
mandatory requirements. Regulation XI‐2/8 confirms the role of the Master in exercising his professional
judgement over decisions necessary to maintain the security of the ship. It says he shall not be constrained
by the Company, the charterer or any other person in this respect.
o Regulation XI‐2/5 requires all ships to be provided with a ship security alert system.
o Regulation XI‐2/6 covers requirements for port facilities, providing among other things for Contracting
Governments to ensure that port facility security assessments are carried out and that port facility security
plans are developed, implemented and reviewed in accordance with the ISPS Code.
o Other regulations in this chapter cover the provision of information to IMO, the control of ships in port,
(including measures such as the delay, detention, restriction of operations including movement within the
port, or expulsion of a ship from port), and the specific responsibility of Companies.
Chapter XII ‐ Additional safety measures for bulk carriers
o The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Chapter XIII ‐ Verification of compliance
o Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV ‐ Safety measures for ships operating in polar waters
o The chapter makes mandatory, from 1 January 2017, the Introduction and part I‐A of the International Code
for Ships Operating in Polar Waters (the Polar Code).
Amendments
o The 1974 Convention has been amended many times to keep it up to date.
12
Rupesh Pillai
MARPOL
International Convention for the Prevention of Pollution from Ships (MARPOL)
Adoption: 1973 (Convention), 1978 (1978 Protocol), 1997 (Protocol ‐ Annex VI); Entry into force: 2 October 1983
(Annexes I and II)
The Convention includes regulations aimed at preventing and minimizing pollution from ships ‐ both accidental
pollution and that from routine operations ‐ and currently includes six technical Annexes. Special Areas with strict
controls on operational discharges are included in most Annexes.
Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983)
o Covers prevention of pollution by oil from operational measures as well as from accidental discharges; the
1992 amendments to Annex I made it mandatory for new oil tankers to have double hulls and brought in a
phase‐in schedule for existing tankers to fit double hulls, which was subsequently revised in 2001 and 2003.
o Special Areas
the Mediterranean Sea area
the Baltic Sea area
the Black Sea area
the Red Sea area
the Gulfs area
the Gulf of Aden area
the Antarctic area
the North West European waters include the North Sea and its approaches, the Irish Sea and its
approaches, the Celtic Sea, the English Channel and its approaches and part of the North East
Atlantic immediately to the west of Ireland.
the Oman area of the Arabian Sea
o An International Oil Pollution Prevention Certificate shall be issued, to any oil tanker of 150 gross tonnage
and above and any other ships of 400 gross tonnage and above which are engaged in voyages to ports or
offshore terminals under the jurisdiction of other Parties to the present Convention.
o Regulation 17 ‐ Oil Record Book, Part I (Machinery space operations)
Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above
other than an oil tanker
It shall be preserved for a period of three years after the last entry has been made.
o Regulation 19 ‐ Double hull and double bottom requirements for oil tankers delivered on or after 6 July
1996.
Wing tanks or spaces
w= 0.5 + (DW/20000) m
o w = 2.0 m, whichever is the lesser
o The minimum value of w = 1.0 m.
Double bottom tanks or spaces
At any cross‐section, the depth of each double bottom tank or space shall be such that the
distance h between the bottom of the cargo tanks and the moulded line of the bottom shell
plating measured at right angles to the bottom shell plating
o h = B/15 (m) or
o h = 2.0 m, whichever is the lesser
o The minimum value of h = 1.0 m.
Turn of the bilge area or at locations without a clearly defined turn of the bilge
When the distances h and w are different, the distance w shall have preference at levels
exceeding 1.5h above the baseline
13
Rupesh Pillai
o Regulation 26 ‐ Limitations of size and arrangement of cargo tanks
Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical
outflow Oc or Os calculated in accordance with the provisions of regulation 25 of this Annex
anywhere in the length of the ship does not exceed 30,000 cubic metres or ,
whichever is the greater, but subject to a maximum of 40,000 cubic metres.
The volume of any one wing cargo oil tank of an oil tanker shall not exceed 75 per cent of the limits
of the hypothetical oil outflow
The volume of any one centre cargo oil tank shall not exceed 50,000 cubic metres.
o Regulation 29 ‐ Slop tanks
The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to
retain the slop generated by tank washings, oil residues and dirty ballast residues.
The total capacity of the slop tank or tanks shall not be less than 3 per cent of the oil‐carrying
capacity of the ship, except that the Administration may accept:
2% for such oil tankers where the tank washing arrangements are such that once the slop
tank or tanks are charged with washing water, this water is sufficient for tank washing
2% where segregated ballast tanks or dedicated clean ballast tanks are provided
o This capacity may be further reduced to 1.5% for such oil tankers where the tank
washing arrangements are such that once the slop tank or tanks are charged with
washing water, this water is sufficient for tank washing
1% for combination carriers where oil cargo is only carried in tanks with smooth walls. This
capacity may be further reduced to 0.8% where the tank washing arrangements are such
that once the slop tank or tanks are charged with washing water, this water is sufficient for
tank washing and, where applicable, for providing the driving fluid for eductors, without the
introduction of additional water into the system
Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979 shall be
provided with at least two slop tanks.
o Regulation 37 ‐ Shipboard oil pollution emergency plan
Every oil tanker of 150 gross tonnages and above and every ship other than an oil tanker of 400
gross tonnages and above shall carry on board a shipboard oil pollution emergency plan approved
by the Administration
Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (entered into force 2
October 1983)
o Details the discharge criteria and measures for the control of pollution by noxious liquid substances carried
in bulk; some 250 substances were evaluated and included in the list appended to the Convention; the
discharge of their residues is allowed only to reception facilities until certain concentrations and conditions
(which vary with the category of substances) are complied with.
o In any case, no discharge of residues containing noxious substances is permitted within 12 miles of the
nearest land.
14
Rupesh Pillai
o Regulation 6: Categorization and listing of noxious liquid substances and other substances
Category X: Noxious liquid substances which, if discharged into the sea from tank cleaning or
deballasting operations, are deemed to present a major hazard to either marine resources or
human health and, therefore, justify the prohibition of the discharge into the marine environment;
Acetone Cyanohydrin, Carbon Di Sulphide, Nonyl Phenol, Di Butyl Pthalate, Epichlorohydrin,
Ethyl Acrylate Monomer, Vinyl Toluene, Butyl Benzyl Pthalate, Alpha Methyl Styrene,
Calcium Naphthalate
Category Y: Noxious liquid substances which, if discharged into the sea from tank cleaning or
deballasting operations, are deemed to present a hazard to either marine resources or human
health or cause harm to amenities or other legitimate uses of the sea and therefore justify a
limitation on the quality and quantity of the discharge into the marine environment;
Acrylonitrile, Biodiesels, Carbon Tetrachloride, Caustic coda, Ethylene di Chloride, MDI, Lub
Additives, Phenol, Sulphuric acid, Benzene, Toluene, Xylene, Ethylene Glycol, Methanol,
Lard, Palm Oils, All VEG OILS and FATS, Hexane, Vinyl acetate
Category Z: Noxious liquid substances which, if discharged into the sea from tank cleaning or
deballasting operations, are deemed to present a minor hazard to either marine resources or
human health and therefore justify less stringent restrictions on the quality and quantity of the
discharge into the marine environment;
Acetone, Acetic acid, Dodecyl Benzene, Methyl Ethyl Ketone, MTBE, Phosphoric acid, Urea
Other substances: Substances indicated as OS (Other substances) in the pollution category column
of chapter 18 of the International Bulk Chemical Code which have been evaluated and found to fall
outside category X, Y or Z
apple juice, clay slurry, coal slurry, dextrose solution, glucose solution, kaoline slurry,
molasses, water
o An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall
be issued to any ship intended to carry noxious liquid substances in bulk and which is engaged in voyages to
ports or terminals under the jurisdiction of other Parties to the Convention.
o Regulation 12: Pumping, piping, unloading arrangements and slop tanks
Every ship constructed on or after 1 July 1986 but before 1 January 2007 shall be provided with a
pumping and piping arrangement to ensure that each tank certified for the carriage of substances in
category X or Y does not retain a quantity of residue in excess of 100 litres in the tank and its
associated piping and that each tank certified for the carriage of substances in category Z does not
retain a quantity of residue in excess of 300 litres in the tank and its associated piping
Ships certified to carry substances of category X, Y or Z shall have an underwater discharge outlet
o Regulation 13: Control of discharges of residues of noxious liquid substances
the ship is proceeding enroute at a speed of at least 7 knots in the case of self‐propelled ships or at
least 4 knots in the case of ships which are not self‐propelled
the discharge is made below the waterline through the underwater discharge outlet(s) not
exceeding the maximum rate for which the underwater discharge outlet(s) is (are) designed;
the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a
depth of water of not less than 25 metres
Discharge of residues of category X
A tank from which a substance in category X has been unloaded shall be prewashed before
the ship leaves the port of unloading. The resulting residues shall be discharged to a
reception facility until the concentration of the substance in the effluent to such facility, as
indicated by analyses of samples of the effluent taken by the surveyor, is at or below 0.1%
by weight.
Discharge of residues of category Y and Z
If the unloading of a substance of category Y or Z is not carried out in accordance with the
Manual, a prewash shall be carried out before the ship leaves the port of unloading, unless
alternative measures are taken to the satisfaction of the surveyor.
15
Rupesh Pillai
The resulting tank washings of the prewash shall be discharged to a reception facility at the
port of unloading or another port with a suitable reception facility provided that it has been
confirmed in writing that a reception facility at that port is available and is adequate for
such a purpose
In the Antarctic Area any discharge into the sea of noxious liquid substances or mixtures containing
such substances is prohibited.
o Regulation 14: Procedures and Arrangements Manual
The main purpose of the Manual is to identify for the ship’s officers the physical arrangements and
all the operational procedures with respect to cargo handling, tank cleaning, slops handling and
cargo tank ballasting and deballasting which must be followed in order to comply with the
requirements of this Annex.
o Regulation 15: Cargo Record Book
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered into force 1
July 1992)
o Contains general requirements for the issuing of detailed standards on packing, marking, labelling,
documentation, stowage, quantity limitations, exceptions and notifications.
o For the purpose of this Annex, “harmful substances” are those substances which are identified as marine
pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in
the Appendix of Annex III.
Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003)
o Contains requirements to control pollution of the sea by sewage; the discharge of sewage into the sea is
prohibited, except when the ship has in operation an approved sewage treatment plant or when the ship is
discharging comminuted and disinfected sewage using an approved system at a distance of more than three
nautical miles from the nearest land; sewage which is not comminuted or disinfected has to be discharged
at a distance of more than 12 nautical miles from the nearest land.
o Sewage means
drainage and other wastes from any form of toilets and urinals;
drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers
located in such premises
drainage from spaces containing living animals; or
other waste waters when mixed with the drainages defined above
o The provisions of this Annex shall apply to the following ships engaged in international voyages:
new ships of 400 gross tonnage and above; and
new ships of less than 400 gross tonnages which are certified to carry more than 15 persons
existing ships of 400 gross tonnages and above, five years after the date of entry into force of this
Annex
existing ships of less than 400 gross tonnages which are certified to carry more than 15 persons, five
years after the date of entry into force of this Annex.
o Regulation 4 – Surveys
An initial survey before the ship is put in service or before the Certificate which shall include a
complete survey of its structure, equipment, systems, fittings, arrangements and material in so far
as the ship is covered by this Annex. This survey shall be such as to ensure that the structure,
equipment, systems, fittings, arrangements and materials fully comply with the applicable
requirements of this Annex.
An additional survey, either general or partial, according to the circumstances, shall be made after a
repair resulting from investigations prescribed in paragraph 4 of this regulation, or whenever any
important repairs or renewals are made. The survey shall be such as to ensure that the necessary
repairs or renewals have been effectively made, that the material and workmanship of such repairs
or renewals are in all respects satisfactory and that the ship complies in all respects with the
requirements of this Annex.
16
Rupesh Pillai
oAn International Sewage Pollution Prevention Certificate shall be issued, after an initial or renewal survey
oRegulation 11 ‐ Discharge of sewage
the ship is discharging comminuted and disinfected sewage using a system at a distance of more
than 3 nautical miles from the nearest land, or sewage which is not comminuted or disinfected at a
distance of more than 12 nautical miles from the nearest land, provided that, in any case, the
sewage that has been stored in holding tanks shall not be discharged instantaneously but at a
moderate rate when the ship is enroute and proceeding at not less than 4 knots; the rate of
discharge shall be approved by the Administration based upon standards developed by the
Organization; or
the ship has in operation an approved sewage treatment plant which has been certified by the
Administration to meet the operational requirements
the test results of the plant are laid down in the ship's International Sewage Pollution Prevention
Certificate
additionally, the effluent shall not produce visible floating solids nor cause discoloration of the
surrounding water
Annex V Prevention of Pollution by Garbage from Ships (entered into force 31 December 1988)
o Deals with different types of garbage and specifies the distances from land and the manner in which they
may be disposed of; the most important feature of the Annex is the complete ban imposed on the disposal
into the sea of all forms of plastics.
o Garbage means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof,
generated during the normal operation of the ship and liable to be disposed of continuously or periodically
except those substances which are defined or listed in other Annexes to the present Convention.
Annex VI Prevention of Air Pollution from Ships (entered into force 19 May 2005)
o Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate
emissions of ozone depleting substances; designated emission control areas set more stringent standards
for SOx, NOx and particulate matter. A chapter adopted in 2011 covers mandatory technical and
operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships.
o Regulation 12 ‐ Ozone‐depleting substances
Regulation 12 does not apply to permanently sealed equipment where there are no refrigerant
charging connections or potentially removable components containing ODS
Each ship is to maintain a list of equipment containing ODS and also an ODS Record Book, recording
each occasion of actions affecting that equipment such as servicing, maintaining, repairing or
disposing of the system or the equipment containing ODS.
Entries in the ODS Record Book are to be recorded in terms of mass (kg) of the substance and be
completed without delay on each occasion with respect to the following
Recharge, full or partial, of equipment containing ODS
Repair or maintenance of equipment containing ODS
Discharge of ODS to atmosphere ‐ deliberate and non‐deliberate
Discharge of ODS to land‐based facilities
Supply of ODS to ship
o Regulation 13 ‐ Nitrogen oxides (NOx)
This regulation shall apply to:
each diesel engine with a power output of more than 130 kW which is installed on a ship
constructed or undergone major conversion on or after 1 January 2000; and
The control of diesel engine NOx emissions is achieved through the survey and certification
requirements leading to the issue of an Engine International Air Pollution Prevention (EIAPP)
Certificate
The Tier III controls apply only to the specified ships while operating in Emission Control Areas
(ECA)established to limit NOx emissions, outside such areas the Tier II controls apply.
17
Rupesh Pillai
A marine diesel engine that is installed on a ship constructed on or after 1 January 2016 and
operating in the North American ECA and the United States Caribbean Sea ECA shall comply with
the Tier III NOx standards.
45·n(-0.2)
I 1 January 2000 17.0 9.8
e.g., 720 rpm – 12.1
44·n(-0.23)
II 1 January 2011 14.4 7.7
e.g., 720 rpm – 9.7
9·n(-0.2)
III 1 January 2016* 3.4 2.0
e.g., 720 rpm – 2.4
Consequently, a diesel engine having an EIAPP Certificate is approved, by, or on behalf of (since
almost all engine certification work is delegated to Recognized Organizations), the flag State of the
ship onto which it is to be installed, to a stated Tier for one or more duty test cycles, for a particular
rating or rating range, and with defined NOx critical components, settings and operating values
including options if applicable. Any amendments to these aspects are to be duly approved and
documented
For each NOx certified diesel engine there must be onboard an approved Technical
File, NOx Technical Code 2008, regulation 2.3.4, which both defines the engine as approved and
provides the applicable survey regime together with any relevant approved amendment
documentation.
o Regulation 14 ‐ Sulphur oxides (SOx)
Ships trading in designated emission control areas will have to use on board fuel oil with a sulphur
content of no more than 0.10% from 1 January 2015,
Outside the emission control areas, the current limit for sulphur content of fuel oil is 3.50%, falling
to 0.50% m/m on and after 1 January 2020. The 2020 date is subject to a review, to be completed
by 2018, as to the availability of the required fuel oil. Depending on the outcome of the review, this
date could be deferred to 1 January 2025.
an exhaust gas cleaning system, approved by the Administration taking into account guidelines to
be developed by the Organization, is applied to reduce the total emission of sulphur oxides from
ships, including both auxiliary and main propulsion engines, to 6.0 g SOx/kW∙h or less calculated as
the total weight of sulphur dioxide emission. Waste streams from the use of such equipment shall
not be discharged into enclosed ports, harbours and estuaries unless it can be thoroughly
documented by the ship that such waste streams have no adverse impact on the ecosystems of
such enclosed ports, harbours and estuaries, based upon criteria communicated by the authorities
of the port State to the Organization.
o Regulation 15 ‐ Volatile organic compounds
This regulation only applies to tankers. However, this regulation also applies to gas carriers only if
the types of loading and containment system allow safe retention of non‐methane VOCs on board
or their safe return ashore
There are two aspects of VOC control within this regulation.
In the first, regulations 15.1 – 15.5 and 15.7, control on VOC emitted to the atmosphere in
respect of certain ports or terminals is achieved by a requirement to utilize a vapour
emission control system (VECS).
The second aspect of this regulation, regulation 15.6, requires that all tankers carrying
crude oil have an approved and effectively implemented ship specific VOC Management
Plan covering at least the points given in the regulation.
18
Rupesh Pillai
o Regulation 16 ‐ Shipboard incineration
Shipboard incineration of the following substances shall be prohibited:
Annex I, II and III cargo residues of the present Convention and related contaminated
packing materials;
polychlorinated biphenyls (PCBs);
garbage, as defined in Annex V of the present Convention, containing more than traces of
heavy metals; and
refined petroleum products containing halogen compounds.
Shipboard incineration of sewage sludge and sludge oil generated during the normal operation of a
ship may also take place in the main or auxiliary power plant or boilers, but in those cases, shall not
take place inside ports, harbours and estuaries.
Monitoring of combustion flue gas outlet temperature shall be required at all times and waste shall
not be fed into a continuous‐feed shipboard incinerator when the temperature is below the
minimum allowed temperature of 850 degrees Centigrade. For batch‐loaded shipboard incinerators,
the unit shall be designed so that the temperature in the combustion chamber shall reach 600
degrees Centigrade within five minutes after start‐up.
o Regulation 18 ‐ Fuel oil quality
details of fuel oil for combustion purposes delivered to and used on board shall be recorded by
means of a bunker delivery note which shall contain at least the information specified
Name and IMO number of receiving ship
Port
Date of commencement of delivery
Name, address, and telephone number of marine fuel oil supplier
Product name(s)
Quantity (metric tons)
Density at 15°C (kg/m3)
Sulphur content (% m/m)
A declaration signed and certified by the fuel oil supplier's representative that the fuel oil
supplied is in conformity with regulation
The bunker delivery note shall be kept on board the ship in such a place as to be readily available for
inspection at all reasonable times. It shall be retained for a period of three years after the fuel oil
has been delivered on board.
The sample is to be sealed and signed by the supplier's representative and the master or officer in
charge of the bunker operation on completion of bunkering operations and retained under the
ship's control until the fuel oil is substantially consumed, but in any case, for a period of not less
than 12 months from the time of delivery.
o Chapter 4 Annex 6
The regulations apply to all ships of 400 gross tonnages and above. However, under regulation 19,
the Administration may waive the requirements for new ships up to a maximum of 4 years
19
Rupesh Pillai
AMMENDMENTS:
SOLAS AMMENDMENTS (1st Jan 2016):
o SOLAS regulation II‐1/29 on steering gear, to update the requirements relating to sea trials.
For a number of ship types, such as container ships, it is impractical to demonstrate compliance
with the requirement during sea trials at its deepest seagoing draught and running ahead at the
speed corresponding to the number of maximum continuous revolutions of the main engine and
maximum design pitch.
the IMO has adopted the alternative way to demonstrate the requirements of steering gear. Where
it is impracticable to demonstrate the requirement for steering gear with the ship at its deepest
seagoing draught, ships may demonstrate compliance with the requirement by one of the following
methods:
1. The ship is at even keel and the rudder fully submerged whilst running ahead at the speed
corresponding to the number of maximum continuous revolutions of the main engine and
maximum design pitch
2. Where full rudder immersion during sea trials cannot be achieved, an appropriate ahead
speed shall be calculated using the submerged rudder blade area in the proposed sea trial
loading condition. The calculated ahead speed shall result in a force and torque applied to
the main steering gear which is at least as great as if it was being tested with the ship at its
deepest seagoing draught and running ahead at the speed corresponding to the number of
maximum continuous revolutions of the main engine and maximum design pitch
3. The rudder force and torque at the sea trial loading condition have been reliably predicted
and extrapolated to the full load condition
o to introduce mandatory requirements for inert gas systems on board new oil and chemical tankers of
8,000 dwt and above, and for ventilation systems on board new ships; related amendments to the
International Code for Fire Safety Systems (FSS Code) on inert gas systems.
o SOLAS regulation II‐2/10, concerning fire protection requirements for new ships designed to carry
containers on or above the weather deck.
All new ships designed to carry containers on or above the weather deck shall be fitted with at least
one water mist lance, in addition to all other fire protection arrangements that should be provided
on board as per existing regulations
All new ships designed to carry five or more tiers of containers on or above the weather deck shall
also be provided with mobile water monitors, in addition to the water mist lance mentioned above
and all other fire protection arrangements that should be provided on board as per existing
regulations. Ships with a breadth up to 30 m should be provided with at least two mobile water
monitors and ships with a breadth exceeding 30 m or more should be provided with at least four
mobile water monitors
o SOLAS implement new regulation II‐2/20‐1, which improves requirements for safety measures for vehicle
carriers with Ro‐RO ships, used for carriage of motor vehicles with compressed hydrogen or compressed
natural gas in their tanks for their own propulsion
o amendments to the International Life‐Saving Appliance (LSA) Code related to the testing of lifejackets.
o Amendments to number of treaties to make the use of the IMO Instruments Implementation Code (III
Code) mandatory.
SOLAS AMMENDMENT (1st JULY 2016):
o container weight verification
require mandatory verification of the gross mass of containers, either by weighing the packed
container; or weighing all packages and cargo items, using a certified method approved by the
competent authority of the State in which packing of the container was completed.
o atmosphere testing
Amendments to add a new SOLAS regulation XI‐1/7 on Atmosphere testing instrument for enclosed
spaces, to require ships to carry an appropriate portable atmosphere testing instrument or
20
Rupesh Pillai
instruments, capable of measuring concentrations of oxygen, flammable gases or vapours,
hydrogen sulphide and carbon monoxide, prior to entry into enclosed spaces.
o Regulation II‐1/2 and II‐1/3‐10: Goal Based Ship construction standard for bulk carrier and oil tanker
SOLAS AMMENDMENT (1st JAN 2017):
o Polar Code
The International Code for Ships Operating in Polar Waters (Polar Code) and related amendments to
make it mandatory under both SOLAS and MARPOL enter into force.
The Polar Code will apply to new ships constructed after 1 January 2017. Ships constructed before 1
January 2017 will be required to meet the relevant requirements of the Polar Code by the first
intermediate or renewal survey, whichever occurs first, after 1 January 2018
o IGF Code
International Code of Safety for Ships using Gases or other Low‐flashpoint Fuels (IGF Code), along
with amendments to make the Code mandatory under SOLAS enter into force
The IGF Code contains mandatory provisions for the arrangement, installation, control and
monitoring of machinery, equipment and systems using low‐flashpoint fuels, focusing initially on
LNG.
MARPOL AMMENDMENTS (1st JAN 2016)
o carriage of stability instruments
on mandatory carriage requirements for a stability instrument for oil tankers and chemical tankers.
o heavy fuel oil as ballast prohibited in Antarctic
MARPOL Annex I regulation 43; special requirements for the use or carriage of oils in the Antarctic
area, to prohibit ships from carrying heavy grade oil on board as ballast;
o MARPOL Annex III, concerning the appendix on criteria for the identification of harmful substances in
packaged form;
o MARPOL Annex VI, concerning regulation 2 (Definitions), regulation 13 (Nitrogen Oxides (NOx) and the
Supplement to the International Air Pollution Prevention Certificate (IAPP Certificate), in order to include
reference to gas as fuel and to gas‐fuelled engines.
MARPOL AMMENDMENTS (1st JAN 2017)
o Amendments to regulation 12 of MARPOL Annex I, concerning tanks for oil residues (sludge). The
amendments update and revise the regulation, expanding on the requirements for discharge connections
and piping to ensure oil residues are properly disposed of
21
Rupesh Pillai
CLC, FUND AND SUPPLEMENTARY FUND
Compensation for pollution damage caused by spills from oil tankers is governed by an international regime
elaborated under the auspices of the International Maritime Organization
CLC CONVENTION
Adoption: 29 November 1969;
Entry into force: 19 June 1975;
Being replaced by 1992 Protocol: Adoption: 27 November 1992;
Entry into force: 30 May 1996
o The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons
who suffer oil pollution damage resulting from maritime casualties involving oil‐carrying ships.
o The Convention places the liability for such damage on the owner of the ship from which the polluting oil
escaped or was discharged.
o The Convention requires ships covered by it to maintain insurance or other financial security in sums
equivalent to the owner's total liability for one incident.
o The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only ships carrying
more than 2,000 tons of oil are required to maintain insurance in respect of oil pollution damage
o The 2000 Amendments
Adoption: 18 October 2000
Entry into force: 1 November 2003
o The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992
Protocol, as follows:
For a ship not exceeding 5,000 gross tonnages, liability is limited to 4.51 million SDR
For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631 SDR for
each additional gross tonne over 5,000
For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631 SDR for
each additional gross tonne over 5,000
FUND CONVENTION
Adoption: 18 December 1971;
Entry into force: 16 October 1978;
o superseded by 1992 Protocol: Adoption: 27 November 1992; Entry into force: 30 May 1996
o The 1969 Brussels Conference considered a compromise proposal to establish an international fund, to be
subscribed to by the cargo interests, which would be available for the dual purpose of, on the one hand,
relieving the shipowner of the burden by the requirements of the new convention and, on the other hand,
providing additional compensation to the victims of pollution damage in cases where compensation under
the 1969 Civil Liability Convention was either inadequate or unobtainable
o Under the first of its purposes, the Fund is under an obligation to pay compensation to States and persons
who suffer pollution damage, if such persons are unable to obtain compensation from the owner of the ship
from which the oil escaped or if the compensation due from such owner is not sufficient to cover the
damage suffered.
o Under the Fund Convention, victims of oil pollution damage may be compensated beyond the level of the
shipowner's liability. However, the Fund's obligations are limited. Where, however, there is no shipowner
liable or the shipowner liable is unable to meet their liability, the Fund will be required to pay the whole
amount of compensation due. Under certain circumstances, the Fund's maximum liability may increase
o The Fund can also provide assistance to Contracting States which are threatened or affected by pollution
and wish to take measures against it. This may take the form of personnel, material, credit facilities or other
aid.
o The Fund is not obliged to indemnify the owner if damage is caused by his wilful misconduct or if the
accident was caused, even partially, because the ship did not comply with certain international conventions
22
Rupesh Pillai
oThe 1992 Fund is financed by contributions levied on any person who has received in one calendar year
more than 150 000 tonnes of crude oil and/or heavy fuel oil (contributing oil) in a Member State of the 1992
Fund..
o The maximum compensation payable by the 1992 Fund is 203 million SDR for incidents occurring on or after
1 November 2003, irrespective of the size of the ship.
SUPPLEMENTARY FUND
o The 2003 Protocol establishing an International Oil Pollution Compensation Supplementary Fund was
adopted by a diplomatic conference held at IMO Headquarters in London
o The 2003 Protocol establishing an International Oil Pollution Compensation Supplementary Fund was
adopted by a diplomatic conference held at IMO Headquarters in London
o The total amount of compensation payable for any one incident will be limited to a combined total of 750
million Special Drawing Rights (SDR) including the amount of compensation paid under the existing
CLC/Fund Convention.
o The supplementary fund will apply to damage in the territory, including the territorial sea, of a Contracting
State and in the exclusive economic zone of a Contracting State.
o For the purposes of the Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil
in each Contracting State.
BUNKER CONVENTION
Adoption: 23 March 2001;
Entry into force: 21 November 2008
o The Convention was adopted to ensure that adequate, prompt, and effective compensation is available to
persons who suffer damage caused by spills of oil, when carried as fuel in ships' bunkers.
o a key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain
compulsory insurance cover.
o The Convention requires ships over 1,000 gross tonnage to maintain insurance or other financial security,
such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner
for pollution damage in an amount equal to the limits of liability under the applicable national or
international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the
Convention on Limitation of Liability for Maritime Claims
o "bunker oil" is defined as "any hydrocarbon mineral oil, including lubricating oil, used or intended to be
used for the operation or propulsion of the ship, and any residues such as oil."
o The shipowner (including the registered owner, bareboat charterer, manager and operator) is liable under
the Convention
o A P&I Club is a protection and indemnity association of shipowners or operators, offering mutual insurance,
generally for third‐party liability risks and the defense of claims. There are 13 Clubs that are a member of
the International Group of P&IClubs, which insure the majority of the world's tonnage. A "Blue Card" is
issued by the P&I Club to provide evidence that there is in place insurance meeting the liability
requirements of the Bunkers Convention.
o The certificate will state the duration of its validity but, in any case, it will not be valid for more than twelve
calendar months
STOPIA AND TOPIA
o This agreement largely mirrors the current STOPIA contract which has been in force since March 2005 and
under which the owners of relevant tankers of 29,548gt or less agree to indemnify the 1992 Fund for the
difference between the vessel's limit of liability under CLC 92 and SDR 20 million.
o This has the effect of increasing the minimum limit of liability for smaller tankers to SDR 20 million, as
opposed to the minimum limit of SDR 4.5 million applicable under CLC 92
o Another difference is that STOPIA 2006 will apply to all states parties to Fund 92 whereas the existing
STOPIA only applies to such states which are also parties to the Supplementary Fund
23
Rupesh Pillai
o TOPIA 2006 is similar to STOPIA 2006 apart from two substantial differences. Firstly, under TOPIA 2006,
tanker owners undertake to indemnify the Supplementary Fund in respect of 50% of the amount of any
claim falling on the Supplementary Fund.
o Secondly, TOPIA 2006 applies to all relevant tankers regardless of size. TOPIA 2006 contains identical review
and adjustment provisions to those set out in STOPIA 2006 so that any imbalance in the proportion of claims
borne by shipowners or oil receivers may be adjusted prospectively by amending TOPIA 2006 or STOPIA
2006 or both.
o STOPIA
It applies to all small tankers entered in a P&I Club that is a member of the International Group, and
reinsured through the pooling arrangements of the Group.
The first incident involving a vessel entered in STOPIA 2006 was the Solar 1 spill that occurred in the
Philippines in 2006.
In that incident compensation payments made by the 1992 Fund, in excess of the Solar 1’s
limitation amount under the 1992 CLC, have been reimbursed to the 1992 Fund within two weeks of
being invoiced by the 1992 Fund.
o TOPIA
The Tanker Oil Pollution Indemnification Agreement 2006 (TOPIA 2006) is another voluntary
agreement, which applies to all tankers entered in P&I Clubs that are members of the International
Group and reinsured through the pooling arrangements of the Group.
Under TOPIA 2006, the Supplementary Fund is indemnified for 50% of any amounts paid in
compensation in respect of incidents involving tankers entered in the agreement
LLMC
Adoption: 19 November 1976; Entry into force: 1 December 1986;
Protocol of 1996: Adoption: 2 May 1996; Entry into force: 13 May 2004
Amendments to 1996 Protocol
Adoption: 19 April 2012; Entry into force: 8 June 2015
o Shipowners and salvors may limit their liability, except if "it is proved that the loss resulted from his
personal act or omission, committed with the intent to cause such a loss, or recklessly and with knowledge
that such loss would probably result".
o The limit of liability for claims for loss of life or personal injury
ships not exceeding 2,000 gross tonnage is 3.02 million SDR
For each ton from 2,001 to 30,000 tons, 1,208 SDR
For each ton from 30,001 to 70,000 tons, 906 SDR
For each ton in excess of 70,000, 604 SDR
o The limit of liability for property claims for ships
For each ton from 2,001 to 30,000 tons, 604 SDR
For each ton from 30,001 to 70,000 tons, 453 SDR
For each ton in excess of 70,000 tons, 302 SDR
INTERVENTION CONVENTION
Adoption: 29 November 1969; Entry into force: 6 May 1975
o The Convention affirms the right of a coastal State to take such measures on the high seas as may be
necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil
or the threat thereof, following upon a maritime casualty.
o The coastal State is, however, empowered to take only such action as is necessary, and after due
consultations with appropriate interests including, in particular, the flag State or States of the ship or ships
involved, the owners of the ships or cargoes in question and, where circumstances permit, independent
experts appointed for this purpose.
o The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing
quantity of other substances, mainly chemical, carried by ships, some of which would, if released, cause
24
Rupesh Pillai
serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the
Convention to cover substances other than oil.
BASEL CONVENTION
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
was adopted on 22 March 1989 by the Conference of Plenipotentiaries in Basel, Switzerland,
Awakening environmental awareness and corresponding tightening of environmental regulations in the
industrialized world in the 1970s and 1980s had led to increasing public resistance to the disposal of hazardous
wastes – in accordance with what became known as the NIMBY (Not in My Back Yard) syndrome – and to an
escalation of disposal costs. This in turn led some operators to seek cheap disposal options for hazardous wastes in
Eastern Europe and the developing world, where environmental awareness was much less developed and
regulations and enforcement mechanisms were lacking. It was against this background that the Basel Convention
was negotiated in the late 1980s, and its thrust at the time of its adoption was to combat the “toxic trade”, as it was
termed. The Convention entered into force in 1992.
Objective
o The overarching objective of the Basel Convention is to protect human health and the environment against
the adverse effects of hazardous wastes.
o Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin
and/or composition and their characteristics, as well as two types of wastes defined as “other wastes” ‐
household waste and incinerator ash.
Aims and provisions:
o the reduction of hazardous waste generation and the promotion of environmentally sound management of
hazardous wastes, wherever the place of disposal;
addressed through a number of general provisions requiring States to observe the fundamental
principles of environmentally sound waste management
o the restriction of transboundary movements of hazardous wastes except where it is perceived to be in
accordance with the principles of environmentally sound management;
hazardous wastes may not be exported to Antarctica, to a State not party to the Basel Convention,
or to a party having banned the import of hazardous wastes.
Parties may, however, enter into bilateral or multilateral agreements on hazardous waste
management with other parties or with non‐parties, provided that such agreements are “no less
environmentally sound” than the Basel Convention.
o a regulatory system applying to cases where transboundary movements are permissible
In all cases where transboundary movement is not, in principle, prohibited, it may take place only if
it represents an environmentally sound solution, if the principles of environmentally sound
management and non‐discrimination are observed and if it is carried out in accordance with the
Convention’s regulatory system
o The Convention also provides for the establishment of regional or sub‐regional centres for training and
technology transfers regarding the management of hazardous wastes and other wastes and the
minimization of their generation to cater to the specific needs of different regions and sub regions
Hazardous Items
o waste may fall under the scope of the Convention is if it is defined as or considered to be a hazardous waste
under the laws of either the exporting country, the importing country, or any of the countries of transit.
o Clinical wastes from medical care in hospitals, medical centers and clinics
o Wastes from the production and preparation of pharmaceutical products
o Waste pharmaceuticals, drugs and medicines
o Wastes from the manufacture, formulation and use of wood preserving chemicals
o Wastes from heat treatment and tempering operations containing cyanides
o Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or
polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)
25
Rupesh Pillai
o Waste chemical substances arising from research and development or teaching activities which are not
identified and/or are new and whose effects on man and/or the environment are not known
o Wastes of an explosive nature not subject to other legislation
26
Rupesh Pillai
NAIROBI WRECK REMOVAL CONVENTION
enter into force on 14 April 2015
The Convention will provide a sound legal basis for States to remove, or have removed, shipwrecks that may
have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine and
coastal environment.
It will make shipowners financially liable and require them to take out insurance or provide other financial
security to cover the costs of wreck removal.
It will also provide States with a right of direct action against insurers.
Articles in the Convention cover:
o reporting and locating ships and wrecks ‐ covering the reporting of casualties to the nearest coastal
State; warnings to mariners and coastal States about the wreck; and action by the coastal State to
locate the ship or wreck;
o criteria for determining the hazard posed by wrecks, including depth of water above the wreck,
proximity of shipping routes, traffic density and frequency, type of traffic and vulnerability of port
facilities. Environmental criteria such as damage likely to result from the release into the marine
environment of cargo or oil are also included;
o measures to facilitate the removal of wrecks, including rights and obligations to remove hazardous ships
and wrecks ‐ which sets out when the shipowner is responsible for removing the wreck and when a
State may intervene;
o liability of the owner for the costs of locating, marking and removing ships and wrecks ‐ the registered
shipowner is required to maintain compulsory insurance or other financial security to cover liability
under the convention; and settlement of disputes.
INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT
Adoption: 23 June 1969; Entry into force: 18 July 1982
The present Convention shall apply to the following ships engaged on international voyages:
o ships registered in countries the Governments of which are Contracting Governments;
o ships registered in territories to which the present Convention is extended under Article 20; and
o unregistered ships flying the flag of a State, the Government of which is a Contracting Government.
The Convention meant a transition from the traditionally used terms gross register tons (grt) and net register tons
(nrt) to gross tonnage(GT) and net tonnage (NT).
Gross tonnage forms the basis for manning regulations, safety rules and registration fees.
Both gross and net tonnages are used to calculate port dues.
The gross tonnage is a function of the moulded volume of all enclosed spaces of the ship.
The net tonnage is produced by a formula which is a function of the moulded volume of all cargo spaces of the ship.
The net tonnage shall not be taken as less than 30 per cent of the gross tonnage.
27
Rupesh Pillai
HONGKONG RECYCLING OF SHIPS CONVENTION
Adoption: 15 May 2009; Entry into force: 24 months after ratification by 15 States, representing 40 per cent of
world merchant shipping by gross tonnage, combined maximum annual ship recycling volume not less than 3
per cent of their combined tonnage
The Hong Kong Convention) is aimed at ensuring that ships, when being recycled after reaching the end of their
operational lives, do not pose any unnecessary risk to human health and safety or to the environment.
Regulations in the new Convention cover: the design, construction, operation and preparation of ships so as to
facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency
of ships; the operation of ship recycling facilities in a safe and environmentally sound manner; and the
establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and
reporting requirements
Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the manner in which each
individual ship will be recycled, depending on its particulars and its inventory. Parties will be required to take
effective measures to ensure that ship recycling facilities under their jurisdiction comply with the Convention.
Surveys and certification
o an initial survey before the ship is put in service, or before the International Certificate on Inventory of
Hazardous Materials is issued.
o a renewal survey at intervals specified by the Administration, but not exceeding five years
o an additional survey, either general or partial, according to the circumstances, may be made at the
request of the shipowner after a change, replacement, or significant repair of the structure, equipment,
systems, fittings, arrangements and material
Certification
o An International Certificate on Inventory of Hazardous Materials shall be issued either by the
Administration or by any person or organization authorized by it after successful completion of an initial
or renewal survey
o An International Ready for Recycling Certificate shall be issued either by the Administration or by any
person or organization authorized by it, after successful completion of a final survey
o Ship Recycling Facilities authorized by a Party shall prepare a Ship Recycling Facility Plan. A ship‐specific
Ship Recycling Plan shall be developed by the Ship Recycling Facility(ies) prior to any recycling of a ship,
taking into account the guidelines developed by the Organization.
Hazardous Materials
o Asbestos, ODS, Polychlorinated Bi phenyl, Anti‐fouling compounds, Cadmium compounds, Mercury
compounds, Radioactive substances
28
Rupesh Pillai
LONDON CONVENTION
The "Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972", the
"London Convention" for short, is one of the first global conventions to protect the marine environment from
human activities
Its objective is to promote the effective control of all sources of marine pollution and to take all practicable steps to
prevent pollution of the sea by dumping of wastes and other matter.
The purpose of the London Convention is to control all sources of marine pollution and prevent pollution of the sea
through regulation of dumping into the sea of waste materials.
A so‐called "black‐ and grey‐list" approach is applied for wastes, which can be considered for disposal at sea
according to the hazard they present to the environment.
For the blacklist items dumping is prohibited.
Dumping of the grey‐listed materials requires a special permit from a designated national authority under strict
control and provided certain conditions are met.
All other materials or substances can be dumped after a general permit has been issued.
a "reverse list" approach is adopted, which implies that all dumping is prohibited unless explicitly permitted;
incineration of wastes at sea is prohibited; export of wastes for the purpose of dumping or incineration at sea is
prohibited.
29
Rupesh Pillai
International Convention On the Control of Harmful Anti‐Fouling Systems On Ships
Adoption: 5 October 2001; Entry into force: 17 September 2008
The Convention prohibits the use of harmful organotin in anti‐fouling paints used on ships and establishes a
mechanism to prevent the potential future use of other harmful substances in anti‐fouling systems
Anti‐fouling paints are used to coat the bottoms of ships to prevent sea life such as algae and molluscs attaching
themselves to the hull – thereby slowing down the ship and increasing fuel consumption.
Under the terms of the AFS Convention, Parties to the Convention are required to prohibit and/or restrict the use of
harmful anti‐fouling systems on ships flying their flag, as well as ships not entitled to fly their flag but which operate
under their authority and all ships that enter a port, shipyard or offshore terminal of a Party
The Convention includes a clause which states that a ship shall be entitled to compensation if it is unduly detained
or delayed while undergoing inspection for possible violations of the Convention.
Annex I states that all ships shall not apply or re‐apply organotins compounds which act as biocides in anti‐fouling
systems. This applies to all ships (including fixed and floating platforms, floating storage units (FSUs), and Floating
Production Storage and Offtake units (FPSOs).
The Convention provides for the establishment of a “technical group”, to include people with relevant expertise, to
review proposals for other substances used in anti‐fouling systems to be prohibited or restricted. Article 6 on
Process for Proposing Amendments to controls on Anti‐fouling systems sets out how the evaluation of an anti‐
fouling system should be carried out.
India has acceded to the International Convention on the Control of Harmful Anti‐Fouling Systems on Ships, 2001
(AFS Convention) on24th April, 2015 and this will come into force with effect from 24tn July,2Q15 in accordance
with article 18(3) of the Convention
Ships of 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs
and FPSOs) will be required to undergo an initial survey before the ship is put into service or before the
International Anti‐fouling System Certificate (IAFS) is issued for the first time; and a survey should be carried out
when the anti‐fouling systems are changed or replaced.
Ships of 24 metres in length or more but less than 400 gross tonnage engaged in international voyages (excluding
fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Anti‐fouling Systems signed by the
owner or authorized agent. Such declaration shall be accompanied by appropriate documentation (such as a paint
receipt or a contractor invoice) or contain appropriate endorsement.
30
Rupesh Pillai
INTERNATIONAL LOADLINE CONVENTION
Adoption: 5 April 1966; Entry into force: 21 July 1968
It was adopted in 1966, Protocol of 1988 and amendments in 2003
In the 1966 Load Lines convention, adopted by IMO, provisions are made determining the freeboard of ships by
subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different zones and different seasons.
The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways and
other items. The main purpose of these measures is to ensure the watertight integrity of ships' hulls below the
freeboard deck.
The Convention includes three annexes.
o Annex I is divided into four Chapters:
Chapter I ‐ General;
Chapter II ‐ Conditions of assignment of freeboard;
Chapter III ‐ Freeboards;
Chapter IV ‐ Special requirements for ships assigned timber freeboards.
o Annex II covers Zones, areas and seasonal periods.
o Annex III contains certificates, including the International Load Line Certificate
Determines
o Freeboard
o Minimum bow height
o Heights of the hatchway coamings, dimensioning of the hatch covers and their means of watertight closing
o Minimum heights for ventilators and air pipes
o Measures for protection of the crew – hand‐rails and bulwarks
o Standard damage for checking the flooding conditions
o Minimum stability conditions acceptable after flooding
Application
o Ships engaged on international voyages
o Exceptions
New ships, with length < 24 m
Existing ships, with GT < 150
Pleasure craft not engaged in trade
Fishing vessels
War ships
SHIP TYPE A:
o Ships that comply to the following requirements:
Were designed to carry only liquid cargoes in bulk
The cargo tanks have only small access openings which must be closed by watertight doors, of steel
or equivalent material, provided with gaskets.
They have low permeability in the loaded cargo compartments
When loaded to the Summer load line, must float in satisfactory conditions after the flooding due to
the standard damage
If the ship has L > 150 m the flooded compartment(s) must have an assumed permeability of 0.95.
If the ship has L > 225 m the engine room should be also considered as a floodable compartment,
with an assumed permeability of 0.85.
SHIP TYPE B
o All the ships which are not of type “A”.
• Ships of type “B”, with L > 100 m, may be assigned lowerfreeboards values if they satisfy the
following conditions:
A ship that when loaded to the Summer load line will float in asatisfactory condition, after
flooding any compartment otherthan the engine room.
If L > 200 m, the engine room must also be considered afloodable compartment.
31
Rupesh Pillai
A ship that satisfy these conditions may have its tabularfreeboard reduced by 60% of the
difference between thevalues indicated for the type” A” and for the type “B”.
The reduction can be increased up to 100% satisfying theadditional requirements:
To support the simultaneous flooding of 2 adjacentcompartments, by damage of the
transverse bulkhead (notconsidering the engine room floodable)
CONDITIONS OF ASSIGNMENT
o Enough structural strength
o Enough reserve buoyancy
o Safety and Protection of crew
o Enough intact stability
o Prevent water entry into hull
o Provision for drainage
PROCEDURE FOR ASSIGNMENT OF FREEBOARD
o The tabular freeboard is the freeboard that would be assigned to a standard ship built to the highest
recognised standard and having five specific characteristics as follows:
a block coefficient of 0.68;
a length to depth ratio of 15 i.e. L/D = 15;
no superstructure;
a parabolic sheer of the freeboard deck attaining a particular height at the forward and after
perpendiculars as prescribed by formulae (depending on the length of the ship);
a minimum bow height above the load waterline as prescribed by formulae
o the corrections to the tabular freeboard are added or subtracted
Correction for block coefficient
A larger Cb causes an increase in the underwater volume, so freeboard must be increased in
order that the reserve buoyancy amounts to the same percentage of the greater displaced
volume as it would have been had Cb been 0.68
Correction for depth
Correction for position of deck line
Correction for superstructure and trunks
Correction for sheer profile
Benefits of sheer include:
o Greater reserve buoyancy at the ends of the ship, particularly forward, ensuring
good lift in a head/following sea;
o Reduces water shipped on deck;
o Reduces risk of foredeck being submerged after collision thus improving
survivability in the damaged condition and helps to maintain an acceptable angle of
heel at which progressive downflooding takes place.
Correction for bow height
SURVEY
o A ship will be subject to the following surveys:
Initial survey before the ship is put into service;
Renewal survey at intervals not exceeding five years;
Annual survey within 3 months either way of the anniversary date of the load line certificate.
LOAD LINE SURVEY PREPARATION
o The preparation for a load line survey will involve ensuring that the hull is watertight below the freeboard
deck and weathertight above it
o The following checks should be conducted prior to survey:
32
Rupesh Pillai
Check that all access openings at the ends of enclosed superstructures are in good condition. All
dogs, clamps and hinges should be free and greased. Gaskets and other sealing arrangements
should not show signs of perishing (cracked rubbers).
Check all cargo hatches and accesses to holds for weathertightness. Securing devices such as
clamps, cleats and wedges are to be all in place, well‐greased and adjusted to provide optimum
sealing between the hatch cover and compression bar on the coaming. Replace perished rubber
seals as necessary. Hose test hatches to verify weathertightness.
Check the efficiency and securing of portable beams.
Inspect all machinery space openings on exposed decks
Check that manhole covers on the freeboard deck are capable of being made watertight.
Check that all ventilator openings are provided with efficient weathertight closing appliances.
All air pipes must be provided with permanently attached means of closing.
Inspect cargo ports below the freeboard deck and ensure that they are watertight.
Ensure that all non‐return valves on overboard discharges are effective.
Side scuttles below the freeboard deck or to spaces within enclosed superstructures must have
efficient internal watertight deadlights. Inspect deadlight rubber seals and securing arrangements.
Check all freeing ports, ensure shutters are not jammed, hinges are free and that pins are of non‐
corroding type (gun metal).
Check bulwarks and guardrails are in good condition.
Rig life lines (if required) and ensure they are in good order.
De‐rust and repaint deck line, load line mark, load lines and draught marks
33
Rupesh Pillai
FAL CONVENTION
The Convention was adopted by the International Conference on Facilitation of Maritime Travel and
Transport on 9 April 1965. It entered into force on 5 March 1967.
To facilitate maritime transport by reducing paper work, simplifying formalities, documentary requirements and
procedures associated with the arrival, stay and departure of ships engaged on international voyages
General Contents:
1. Definitions and general provisions;
2. Arrival, stay and departure of the ship;
3. Arrival and departure of persons;
4. Stowaways;
5. Arrival, stay and departure of cargo and other articles;
6. Public health and quarantine, including sanitary measures for animals and plants;
7. Miscellaneous provisions.
Annex to the Convention
It reduces to nine the number of declarations, which can be required by public authorities. Seven of
them were approved by the IMO.
The Annex contains "Standards" and "Recommended Practices"
IMO has developed Standardized Forms for seven of these documents. They are the:
∙ IMO General Declaration
∙ Cargo Declaration
∙ Ship's Stores Declaration
∙ Crew's Effects Declaration
∙ Crew List∙ Passenger List
∙ Dangerous Goods
Two other documents are required under the Universal Postal Convention and the International Health
Regulations.
CONVENTION FOR SUPRESSION OF UNLAWFUL ACT AGAINST MARITIME SAFETY
Adopted 10 March 1988; Entry into force 1 March 1992; 2005 Protocols: Adopted 14 October 2005; Entry into
force 28 July 2010
Concern about unlawful acts which threaten the safety of ships and the security of their passengers and crews grew
during the 1980s, with reports of crews being kidnapped, ships being hi‐jacked, deliberately run aground or blown
up by explosives. Passengers were threatened and sometimes killed.
The main purpose of the Convention is to ensure that appropriate action is taken against persons committing
unlawful acts against ships. These include the seizure of ships by force; acts of violence against persons on board
ships; and the placing of devices on board a ship which are likely to destroy or damage it.
The Convention obliges Contracting Governments either to extradite or prosecute alleged offenders.
The 2005 Protocol to the SUA Convention adds a new Article which states that a person commits an offence within
the meaning of the Convention if that person unlawfully and intentionally:
o when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a
Government or an international organization to do or to abstain from any act:
o uses against or on a ship or discharging from a ship any explosive, radioactive material or BCN (biological,
chemical, nuclear) weapon in a manner that causes or is likely to cause death or serious injury or damage;
o discharges, from a ship, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity
or concentration that causes or is likely to cause death or serious injury or damage;
o uses a ship in a manner that causes death or serious injury or damage;
SUA Convention covers the responsibilities and roles of the master of the ship, flag State and receiving State in
delivering to the authorities of any State Party any person believed to have committed an offence under the
Convention, including the furnishing of evidence pertaining to the alleged offence.
34
Rupesh Pillai
STCW
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978,
was adopted by the International Conference on Training and Certification of Seafarers on 7 July 1978.
The 1978 STCW Convention entered into force on 28 April 1984. Since then, amendments thereto have been
adopted, in 1991, 1994, 1995, 1997, 1998, 2004, 2006 and 2010.
The 1991 amendments, relating to the global maritime distress and safety system (GMDSS) and conduct of trials,
were adopted by resolution MSC.21(59) and entered into force on 1 December 1992.
The Convention shall enter into force 12 months after the date on which not less than 25 States, the combined
merchant fleets of which constitute not less than 50% of the gross tonnage of the world's merchant shipping of
ships of 100 gross register tons or more, have either signed it without reservation as to ratification, acceptance or
approval or deposited the requisite instruments of ratification, acceptance, approval or accession in accordance
with article XIII
The 1994 amendments on special training requirements for personnel on tankers were adopted by resolution
MSC.33(63) and entered into force on 1 January 1996.
The 1995 amendments were adopted by resolution 1 of a Conference of Parties to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers, which was convened by the International
Maritime Organization and met at the Headquarters of the Organization from 26 June to 7 July 1995 (1995 STCW
Conference).
The 1995 STCW Conference adopted the Seafarers' Training, Certification and Watchkeeping (STCW) Code.
The STCW Code contains, in:
o Part A, mandatory provisions to which specific reference is made in the annex to the STCW Convention and
which give, in detail, the minimum standards required to be maintained by Parties in order to give full and
complete effect to the provisions of the STCW Convention; and, in
o Part B, recommended guidance to assist Parties to the STCW Convention and those involved in
implementing, applying or enforcing its measures to give the STCW Convention full and complete effect in a
uniform manner.
The 1997 amendments, to the Convention and to part A of the Code, relating to training of personnel on passenger
and ro‐ro passenger ships, were adopted by resolutions MSC.66(68) and MSC.67(68). These amendments entered
into force on 1 January 1999.
The 1998 amendments, to part A of the Code, relating to enhanced competence in cargo handling and stowage,
particularly in respect of bulk cargoes, were adopted by resolution MSC.78(70). They entered into force on 1 january
2003.
The May 2004 amendments, to part A of the Code, adjusting certificates and endorsements, were adopted by
resolution MSC.156(78). The December 2004 amendments, to part A of the Code, taking into account on‐load and
off‐load devices in the competence relating to survival crafts and rescue boats other than fast rescue boats, were
adopted by resolution MSC.180(79). Both sets of amendments entered into force on 1 July 2006.
The 2006 amendments, to part A of the Code, introducing, inter alia, new measures pertaining to ship security
officers, were adopted by resolution MSC.209(81) and entered into force on 1 January 2008.
STCW 2010 AMMENDMENTS
o The Manila amendments to the STCW Convention and Code were adopted on 25 June 2010, marking a
major revision of the STCW Convention and Code.
o The 2010 amendments are set to enter into force on 1 January 2012 under the tacit acceptance procedure
and are aimed at bringing the Convention and Code up to date with developments since they were initially
adopted and to enable them to address issues that are anticipated to emerge in the foreseeable future
Amongst the amendments adopted, there are a number of important changes to each chapter of
the Convention and Code, including
Improved measures to prevent fraudulent practices associated with certificates of competency and
strengthen the evaluation process (monitoring of Parties' compliance with the Convention);
Revised requirements on hours of work and rest and new requirements for the prevention of drug
and alcohol abuse, as well as updated standards relating to medical fitness standards for seafarers;
New certification requirements for able seafarers
35
Rupesh Pillai
New requirements relating to training in modern technology such as electronic charts and
information systems (ECDIS);
New requirements for marine environment awareness training and training in leadership and
teamwork
New training and certification requirements for electro‐technical officers;
Updating of competence requirements for personnel serving on board all types of tankers,
including new requirements for personnel serving on liquefied gas tankers
New requirements for security training, as well as provisions to ensure that seafarers are properly
trained to cope if their ship comes under attack by pirates
Introduction of modern training methodology including distance learning and web‐based learning
New training guidance for personnel serving on board ships operating in polar waters; and
New training guidance for personnel operating Dynamic Positioning Systems
Consists of 8 Chapters
o CHAPTER 1: General Provisions
Regulation I/1: Definition
Regulation I/2: Certificates and Endorsement
Regulation I/9: Medical Standards
Regulation I/14: Company Responsibilities
Total 15 regulations
o CHAPTER 2: MASTER and DECK DEPARTMENT
5 regulations
o CHAPTER 3: ENGINE DEPARTMENT
Regulation III/1: Mandatory minimum requirements for certification of officers in charge of an
engineering watch in a manned engine‐room or designated duty engineers in a periodically
unmanned engine‐room
Regulation III/2: Mandatory minimum requirements for certification of chief engineer officers and
second engineer officers on ships powered by main propulsion machinery of 3,000 kW propulsion
power or more
Regulation III/3: Mandatory minimum requirements for certification of chief engineer officers and
second engineer officers on ships powered by main propulsion machinery of between 750 kW and
3,000 kW propulsion power
Regulation III/4: Mandatory minimum requirements for certification of ratings forming part of a
watch in a manned engine‐room or designated to perform duties in a periodically unmanned
engine‐room
Regulation III/5 Mandatory minimum requirements for certification of ratings as able seafarer
engine in a manned engine‐room or designated to perform duties in a periodically unmanned
engine‐room
Regulation III/6: Mandatory minimum requirements for certification of electro‐technical officers
Regulation III/7: Mandatory minimum requirements for certification of electro‐technical ratings
o CHAPTER 4: RADIOCOMMUNICATION AND RADIO OPERATORS
2 Regulations
o CHAPTER 5: SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS
o CHAPTER 6: EMERGENCY, OCCUPATIONAL SAFETY, SECURITY, MEDICAL CARE AND SURVIVAL FUNCTIONS
o CHAPTER 7: ALTERNATIVE CERTIFICATION
o CHAPTER 8: WATCHKEEPING
Company Instructions to Masters
o Enforcement of the STCW requirements through the Flag State and Port State Control.
o The importance of ensuring that all seafarer’s certificates of competency, endorsements and seafarer’s
books issued by this Administration and required by the STCW Convention, are in accordance with the
requirements of this Administration and issued on the basis of a recognized valid foreign national equivalent
certificate. All of these certificates must be available in original on board the ship
36
Rupesh Pillai
oThe importance of ensuring that the number and certificate type held by the seafarer serving on board the
ship are in conformity with the applicable safe manning requirements of this Administration. All documents
and data relevant to all seafarers employed on board are maintained and accessible
o Requirements to ensure that seafarers are familiarised with their specific duties and obligations on board
before they are assigned to their duties.
o Arrangements to ensure that ships crews are able to coordinate their activities in an emergency situation on
board their ship.
o Arrangements to ensure compliance to the required rest periods to avoid fatigue.
o The provision on board of instructions/guidelines for on board training.
o Arrangements to ensure that all officers on board have appropriate knowledge of the Flag State’s maritime
legislation.
o Arrangements to ensure that officers on board are in possession of the required competence and can
demonstrate it in accordance with the criteria laid down in the Code of the Convention.
o Arrangements to ensure that STCW 2010 related training carried out on board is conducted in accordance
with Reg. I/6 and Section A‐I/6 and is documented in a training record book or an appropriate record book.
o Arrangements to ensure that all seafarers on board, forming part of a watch, are in possession of
certificates in compliance with the requirements of Chapter II and Chapter III of the Convention and that
they are able to meet the minimum standards of competence.
o Arrangements to ensure that the provisions for the maintenance of proper radio watchkeeping and
corresponding personnel is complied with at all times. All officers concerned are to be aware about misuse
of radio equipment and unnecessary false alert of emergency signals.
o Arrangements to ensure that seafarers on board tankers can comply with the requirements as defined in
STCW Reg. V/1‐1 and V/1‐2 and Section A‐V/1 and A‐V/1‐2 when applicable.
o Arrangements to ensure that all seafarers concerned have completed the necessary training and possess
the required certificates under the provisions of STCW Chapter VI (standards regarding emergency,
occupational safety, security, medical care and survival functions). These certificates should be available in
original on board of the ship.
o Arrangements to ensure that watch keeping duties on board meet the provisions of STCW Chapter VIII.
Every effort is to be made to prevent fatigue on board the ship. In observing rest period requirements,
overriding operational conditions are to be construed only to mean essential shipboard work which cannot
be delayed for safety reasons or anticipated at the commencement of the voyage.
o Arrangements to ensure that seafarers are informed of the direct effect of drugs and alcohol on their ability
to perform watch keeping duties. Every effort is to be made to prevent drugs and alcohol from impairing the
ability of watch keeping personnel.
The STCW Code
o The regulations contained in the Convention are supported by sections in the STCW Code.
o Generally speaking, the Convention contains basic requirements which are then enlarged upon and
explained in the Code.
Part A of the Code is mandatory. The minimum standards of competence required for seagoing
personnel are given in detail in a series of tables.
Part B of the Code contains recommended guidance which is intended to help Parties implement
the Convention.
o The measures suggested are not mandatory and the examples given are only intended to illustrate how
certain Convention requirements may be complied with.
o However, the recommendations in general represent an approach that has been harmonized by discussions
within IMO and consultation with other international organizations.
CE DUTIES
o Effective leadership
o Clear orders & communication
o Most effective decision on situations
o Provide necessary support to sub ordinates at all times
o Allocate duties & Evaluate performance of crew
37
Rupesh Pillai
o Training objectives & attitude based on competence capabilities
o Operation of machineries with applicable rules
o Planning jobs based on priority & available resources
o Operations are demonstrated efficiently
38
Rupesh Pillai
BALLAST WATER MANAGEMENT
Adoption: 13 February 2004; Entry into force: enter into force on 8 September 2017
Accession by Finland has triggered the entry into force of a key international measure for environmental
protection that aims to stop the spread of potentially invasive aquatic species in ships’ ballast water.
The Convention is divided into Articles and an Annex which includes technical standards and requirements in
the Regulations for the control and management of ships’ ballast water and sediments
The Ballast Water Management Convention, adopted in 2004, aims to prevent the spread of harmful aquatic
organisms from one region to another, by establishing standards and procedures for the management and control
of ships' ballast water and sediments
The Convention will require all ships to implement a Ballast Water and Sediments Management Plan. All ships will
have to carry a Ballast Water Record Book and will be required to carry out ballast water management procedures
to a given standard.
The Convention is divided into Articles; and an Annex which includes technical standards and requirements in the
Regulations for the control and management of ships' ballast water and sediments.
The Annex is divided into five Sections
Section A General Provisions
o This includes definitions, application and exemptions. Under Regulation A‐2 General Applicability: "Except
where expressly provided otherwise, the discharge of Ballast Water shall only be conducted through Ballast
Water Management, in accordance with the provisions of this Annex."
Section B Management and Control Requirements for Ships
o Ships are required to have on board and implement a Ballast Water Management Plan approved by the
Administration (Regulation B‐1).
o Ships must have a Ballast Water Record Book (Regulation B‐2) to record when ballast water is taken on
board
o The specific requirements for ballast water management are contained in regulation B‐3 Ballast Water
Management for Ships:
Ships constructed before 2009 with a ballast water capacity of between 1500 and 5000 cubic
metres must conduct ballast water management that at least meets the ballast water exchange
standards or the ballast water performance standards until 2014, after which time it shall at least
meet the ballast water performance standard.
Ships constructed before 2009 with a ballast water capacity of less than 1500 or greater than 5000
cubic metres must conduct ballast water management that at least meets the ballast water
exchange standards or the ballast water performance standards until 2016, after which time it shall
at least meet the ballast water performance standard.
Ships constructed in or after 2009 with a ballast water capacity of less than 5000 cubic metres must
conduct ballast water management that at least meets the ballast water performance standard.
Ships constructed in or after 2009 but before 2012, with a ballast water capacity of 5000 cubic
metres or more shall conduct ballast water management that at least meets the standard described
in regulation D‐1 or D‐2 until 2016 and at least the ballast water performance standard after 2016.
Ships constructed in or after 2012, with a ballast water capacity of 5000 cubic metres or more shall
conduct ballast water management that at least meets the ballast water performance standard.
o Under Regulation B‐4 Ballast Water Exchange, all ships using ballast water exchange should:
whenever possible, conduct ballast water exchange at least 200 nautical miles from the nearest land
and in water at least 200 metres in depth, taking into account Guidelines developed by IMO;
in cases where the ship is unable to conduct ballast water exchange as above, this should be as far
from the nearest land as possible, and in all cases at least 50 nautical miles from the nearest land
and in water at least 200 metres in depth.
Section C Additional measures
39
Rupesh Pillai
o A Party, individually or jointly with other Parties, may impose on ships additional measures to prevent,
reduce, or eliminate the transfer of Harmful Aquatic Organisms and Pathogens through ships’ Ballast Water
and Sediments.
Section D Standards for Ballast Water Management
o Regulation D‐1 Ballast Water Exchange Standard ‐ Ships performing Ballast Water exchange shall do so with
an efficiency of 95 per cent volumetric exchange of Ballast Water. For ships exchanging ballast water by the
pumping‐through method, pumping through three times the volume of each ballast water tank shall be
considered to meet the standard described. Pumping through less than three times the volume may be
accepted provided the ship can demonstrate that at least 95 percent volumetric exchange is met.
o Regulation D‐2 Ballast Water Performa1Tf1.31D.0003Tc(volume)Tj/TT11Tf3.03280TD0Tc<0003>Tj/TT21Tf.37160T
40
Rupesh Pillai
define test and performance requirements for the approval of ballast water management systems;
assist Administrations in determining appropriate design, construction and operational parameters
necessary for the approval of ballast water management systems;
provide a uniform interpretation and application of the requirements of regulation D‐3;
provide guidance to Administrations, equipment manufacturers and shipowners in determining the
suitability of equipment to meet the requirements of the Convention and of the environmental
acceptability of treated water; and
assure that ballast water management systems approved by Administrations are capable of
achieving the standard of regulation D‐2 in land‐based and shipboard evaluations and do not cause
unacceptable harm to the vessel, crew, the environment or public health
Procedure for Approval of BWM systems that make use of Active Substances (G9)
o The G9 Guidelines describe the approval process for systems that make use of ‘active substances’.
o ‘Active substances’ are defined by the Convention as “substances or organisms, including a virus or a
fungus, that have a general or specific action on or against harmful aquatic organisms and pathogens”.
o Active substances and preparations may be added to the ballast water or be generated onboard ships
within the BWM system.
o These substances must comply with the BWM Convention. To comply with the Convention, BWM systems
that make use of active substances (or preparations containing one or more active substances) need to be
approved by IMO, based on a procedure developed by the Organization.
o The objective of this procedure is to determine the acceptability of the active substances in ballast water
management systems concerning ship safety, human health and the aquatic environment.
o The procedure is thus provided as a safeguard for the sustainable use of active substance, and is not
intended for the evaluation of the efficacy of the active substances (the efficacy of BWM systems, including
those that make use of active substances, should be evaluated in accordance with the G8 Guidelines).
o The proposal for approval of an active substance must include:
data on effects on aquatic plants, invertebrates, fish and other biota, including sensitive and
representative organisms,
data on Mammalian Toxicity,
data on environmental fate and effect under aerobic and anaerobic conditions,
physical and chemical properties of the active substance and preparations and the treated ballast
water,
analytical methods at environmentally relevant concentrations
Different types of Ballast water exchange
o Sequential: In this method the ballast tanks are emptied until the ballast pumps lose suction and then the
tanks are further stripped by eductor systems. This is followed by taking fresh ballast into the tank.
o Flow through method: In this method water in pumped into the tank and to allow it to overflow through
the air vent or dedicated overflow vents. Three times the volume of the tank is to be pumped through to get
a 95 percent efficiency of exchange.
o Dilution Method: In this method the tank has two openings; water is pumped in from one opening and
flows out through the other.
Ballast Water Treatment Technologies
o Mechanical treatment methods such as filtration and separation.
o Physical treatment methods such as sterilisation by ozone, ultra‐violet light, electric currents and heat
treatment.
o Chemical treatment methods such adding biocides to ballast water to kill organisms.
o Various combinations of the above.
Role of Chief Engineer Officer in implementation of the Ballast Water Management Plan
41
Rupesh Pillai
o The operational duties of the ballast water management plan lies with the Chief Officer and the other Deck
Officers as calculation and change in stability is an important issue.
o He can provide a valuable service in the implementation of the Ballast Water Management plan by the
following:
The Chief Engineer Officer must familiarize the Officers and the crew about ballast water
management.
As ballast water exchange timings depends of the calculated capacities of the ballast pumps, the
Chief Engineer Officer must ensure that the pumps are maintained properly and operated as per
correct procedures.
The Chief Engineer Officer must make sure that the piping and overflow arrangements of the tanks
are in good order and working. An un‐vented tank may be subjected to great pressure if the
overflow vent is blocked.
o The Chief Engineer Officer must render full co‐operation as it is a critical operation for the pumps.
o In ballast pumps with gland packing stuffing boxes, the gland packing can overheat due to unavailability of
cooling and lubricating water.
o In ballast pumps with mechanical seals, the mechanical seals can be damaged due to overheating due to a
shortage of cooling and lubricating water.
o The Chief Engineer Officer must instruct all the junior engineers and subordinates regarding the same and
ensure compliance while protecting the pumps. Effective look out and watch should be posted near the
pumps.
42
Rupesh Pillai
UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or
the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on
the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.
The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the
world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural
resources.
This leads to the need for establishing an internal law to determine the status of sea areas and the governance or
the inter relationship of countries using the world’s ocean
UNCLOS is a treaty document of 446 articles grouped under 17 headings and 9 Annexes
Part XII of the UNCLOS deals with the issue of marine environment conservation.
o States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are
necessary to prevent, reduce and control pollution of the marine environment from any source, using for
this purpose the best practicable means at their disposal and in accordance with their capabilities, and they
shall endeavor to harmonize their policies in this connection.
o States shall take all measures necessary to ensure that activities under their jurisdiction or control are so
conducted as not to cause damage by pollution to other States and their environment, and that pollution
arising from incidents or activities under their jurisdiction or control does not spread beyond the areas
where they exercise sovereign rights in accordance with this Convention.
o The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment.
These measures shall include, inter alia, those designed to minimize to the fullest possible extent:
the release of toxic, harmful or noxious substances, especially those which are persistent, from
land‐based sources, from or through the atmosphere or by dumping;
pollution from vessels, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment, operation and manning of vessels
pollution from vessels, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment, operation and manning of vessels
pollution from installations and devices used in exploration or exploitation of the natural resources
of the seabed and subsoil, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices;
pollution from other installations and devices operating in the marine environment, in particular
measures for preventing accidents and dealing with emergencies, ensuring the safety of operations
at sea, and regulating the design, construction, equipment, operation and manning of such
installations or devices.
In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from
unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance
of their duties in conformity with this Convention
DEFINITION:
o TERRITORIAL SEA
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12
nautical miles, measured from baselines determined in accordance with this Convention
If this would overlap with another state's territorial sea, the border is taken as the median point
between the states' baselines, unless the states in question agree otherwise. A state can also
choose to claim a smaller territorial sea.
Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial waters while
other nations only recognize the more restrictive definitions of the UN convention.
43
Rupesh Pillai
o INTERNAL WATERS
According to the United Nations Convention on the Law of the Sea, a nation's internal waters
include waters on the landward side of the baseline of a nation's territorial waters, except in
archipelagic states.
It includes waterways such as rivers and canals, and sometimes the water within small bays.
In inland waters, sovereignty of the state is equal to that which it exercises on the mainland.
The coastal state is free to make laws relating to its internal waters, regulate any use, and use any
resource.
In the absence of agreements to the contrary, foreign vessels have no right of passage within
internal waters, and this lack of right to innocent passage is the key difference between internal
waters and territorial waters.
When a foreign vessel is authorized to enter inland waters, it is subject to the laws of the coastal
State, with one exception: the crew of the ship is subject to the law of the flag State. This extends to
labor conditions as well as to crimes committed on board the ship, even if docked at a port
o CONTIGUOUS ZONE
The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may
exercise the control necessary to:
prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations
within its territory or territorial sea
punish infringement of the above laws and regulations committed within its territory or
territorial sea.
o EXCLUSIVE ECONOMIC ZONE
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured.
In the exclusive economic zone, the coastal State has
sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural
resources, whether living or non‐living, of the waters superjacent to the seabed and of the seabed
and its subsoil, and with regard to other activities for the economic exploitation and exploration of
the zone, such as the production of energy from the water, currents and winds;
The establishment and use of artificial islands, installations and structures
marine scientific research
the protection and preservation of the marine environment;
o CONTINENTAL SHELF
The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas
that extend beyond its territorial sea throughout the natural prolongation of its land territory to the
outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured where the outer edge of the continental margin
does not extend up to that distance
Line of the outer limits of the continental shelf on the seabed, either shall not exceed 350 nautical
miles from the baselines from which the breadth of the territorial sea is measured or shall not
exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of
2,500 metres.
The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it
and exploiting its natural resources
The rights of the coastal State over the continental shelf do not depend on occupation, effective or
notional, or on any express proclamation.
o HIGH SEA
all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in
the internal waters of a State, or in the archipelagic waters of an archipelagic State
44
Rupesh Pillai
Freedom of the high seas is exercised under the conditions laid down by this Convention and by
other rules of international law. It comprises, inter alia, both for coastal and land‐locked States:
freedom of navigation;
freedom of overflight;
freedom to lay submarine cables and pipelines, subject to Part VI;
freedom to construct artificial islands and other installations permitted under international
law;
freedom of fishing;
freedom of scientific research
DUTIES OF FLAG STATE: ARTICLE 94
o Every state shall effectively exercise its jurisdiction and control in administration, technical and social
matters over the ship whose flag it is flying
o Every state shall:
Maintain registry of ships containing the names and particulars of ships flying its flag
Assume jurisdiction under its internal law over each ship flying its flag and its master, officer and
crew in respect of administrative, technical and social matters concerning ship
o Every state shall take measure to ensure safety at sea with regards to:
Construction, equipment and sea worthiness of ship
Manning of ships, labor conditions and training of crew
Use of signals, maintenance of communication and prevention of collisions
o Shall take measures to ensure:
That each ship, before registration and thereafter at appropriate intervals surveyed by qualified
surveyor of ship and has onboard appropriate charts, nautical publication and navigational
equipment for safe navigation of ship
Each ship is in charge of master and officers who possess appropriate qualifications
Master, officer and crew to an extent is conversant fully with international regulations concerning
safety of life at sea, prevention of collisions, pollutions and maintenance of communication
o State is required to accept international regulation, procedure and practices
o Every state shall cause an enquiry by a qualified person/s into every marine casualty or incident to
navigation on high sea and causing damage to marine environment
DUTIES OF THE COASTAL STATE: ARTICLE 24
o The coastal State shall not hamper the innocent passage of foreignships through the territorial sea except in
accordance with this Convention.
o In particular, in the application of this Convention or of any laws orregulations adopted in conformity with
this Convention, the coastal Stateshall not:
impose requirements on foreign ships which have the practicaleffect of denying or impairing the
right of innocent passage; or
discriminate in form or in fact against the ships of any State oragainst ships carrying cargoes to,
from or on behalf of anyState.
o The coastal State shall give appropriate publicity to any danger tonavigation, of which it has knowledge,
within its territorial sea.
ENFORCEMENT BY COASTAL STATES: ARTICLE 220
o When a vessel is voluntarily within a port or at an off‐shore terminal of a State, that State may, subject to
section 7, institute proceedings in respect of any violation of its laws and regulations adopted in accordance
with this Convention or applicable international rules and standards for the prevention, reduction and
control of pollution from vessels when the violation has occurred within the territorial sea or the exclusive
economic zone of that State
45
Rupesh Pillai
Convention on International Maritime Satellite Organisation
Adoption: 3 September 1976; Entry into force: 16 July 1979
Under the treaty, the International Mobile Satellite Organization (IMSO) has been established as the inter‐
governmental body that oversees the provision of certain satellite‐based maritime distress communication services,
specifically those used in the Global Maritime Distress and Safety System (GMDSS).
IMO is currently reviewing the GMDSS, to modernize it and bring it up to date
History
o Soon after the launch of the world's first telecommunications satellite, Telstar, in 1962, IMO recognised the
potential for satellite communications to assist in distress situations at sea and initiated a study of the
operational requirements for a satellite communications system devoted to maritime purposes.
The Convention defined the purposes of the International Maritime Satellite Organization as being to improve
maritime communications, thereby assisting in improving distress and safety of life at sea communications, the
efficiency and management of ships, maritime public correspondence services, and radiodetermination capabilities
In 1994, the name of the Organization was changed to the International Mobile Satellite Organization, then
abbreviated to Inmarsat. This reflected the extension of its services from the maritime sector to other modes of
transport.
International Mobile Satellite Organization (IMSO) ‐ an intergovernmental body established to ensure that Inmarsat
continues to meet its public service obligations, including obligations relating to the GMDSS. IMSO replaces Inmarsat
as observer at IMO meetings.
The 1985 amendments
o The amendments enabled Inmarsat to provide services to aircraft as well as ships.
The 1989 amendments
o The amendments enabled Inmarsat to provide services to land‐based vehicles as well as ships and aircraft.
The 1994 amendments
o One of the amendments changed the name of the Organization to the International Mobile Satellite
Organization, abbreviated to Inmarsat. The change reflected changes since the Organization was formed
and the extension of its services from the maritime sector to other modes of transport. There were also
changes to Article 13 on the composition of the Inmarsat Council.
The April 1998 amendments
o Amendments to the Inmarsat Convention and Operating Agreement to permit the restructuring of Inmarsat.
International Convention on Maritime Search and Rescue, 1979
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so
that, no matter where an accident occurs, the rescue of persons in distress at sea will be co‐ordinated by a SAR
organization and, when necessary, by co‐operation between neighbouring SAR organizations.
Although the obligation of ships to go to the assistance of vessels in distress was enshrined both in tradition and in
international treaties (such as the International Convention for the Safety of Life at Sea (SOLAS), 1974), there was,
until the adoption of the SAR Convention, no international system covering search and rescue operations
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five Chapters.
Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR
services in their coastal waters
Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that
existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
46
Rupesh Pillai
OPA 90 and OPRC
OPA 90
AN ACT to establish limitations on liability for damages resulting from oil pollution, to establish a fund for the
payment of compensation for such damages, and for other purposes.
Consists of 9 titles
On March 24, 1989, the Exxon Valdez spilled over 11 million gallons of Alaskan crude into the water of Prince
William Sound. There were many lessons learned the aftermath of the Valdez oil spill. Two of the most obvious
were:
The United States lacked adequate resources, particularly Federal funds, to respond to spills, and
The scope of damages compensable under federal law to those impacted by a spill was fairly narrow.
Although the environmental damage and massive clean‐up efforts were the most visible effects of this casualty, one
of the most important outcomes was the enactment of the Oil Pollution Act of 1990 (OPA), which addressed both
these deficiencies.
The Oil Pollution Act of 1990 (33 U.S.C. 2701‐2761) amended the Clean Water Act and addressed the wide range of
problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the
United States. It created a comprehensive prevention, response, liability, and compensation regime to deal with
vessel‐ and facility‐caused oil pollution to U.S. navigable waters. OPA greatly increased federal oversight of maritime
oil transportation, while providing greater environmental safeguards by:
o Setting new requirements for vessel construction and crew licensing and manning,
o Mandating contingency planning,
o Enhancing federal response capability,
o Broadening enforcement authority,
o Increasing penalties,
o Creating new research and development programs,
o Increasing potential liabilities, and
o Significantly broadening financial responsibility requirements.
Title I of OPA established new and higher liability limits for oil spills, with commensurate changes to financial
responsibility requirements. It substantially broadened the scope of damages, including natural resource damages
(NRDs), for which polluters are liable.
The total of the liability of a responsible party under section 1002 and any removal costs incurred by, or on behalf
of, the responsible party, with respect to each incident shall not exceed—
o for a tank vessel, the greater of—
(A) $1,200 per gross ton; or
(B)(i) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or
(ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000;
o for any other vessel, $600 per gross ton or $500,000, whichever is greater;
o for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and
o for any onshore facility and a deepwater port, $350,000,000
OPRC 95
Adoption: 30 November 1990; Entry into force: 13 May 1995
Parties to the International Convention on Oil Pollution Preparedness, Response and Co‐operation (OPRC) are
required to establish measures for dealing with pollution incidents, either nationally or in co‐operation with other
countries
Ships are required to carry a shipboard oil pollution emergency plan. Operators of offshore units under the
jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which must
be co‐ordinated with national systems for responding promptly and effectively to oil pollution incidents.
Ships are required to report incidents of pollution to coastal authorities and the convention details the actions that
are then to be taken.
The Convention calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill
combating exercises and the development of detailed plans for dealing with pollution incidents.
47
Rupesh Pillai
Parties to the convention are required to provide assistance to others in the event of a pollution emergency and
provision is made for the reimbursement of any assistance provided.
CLEAN AIR ACT
The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile
sources.
Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect
public health and public welfare and to regulate emissions of hazardous air pollutants.
To protect public health and welfare nationwide, the Clean Air Act requires EPA to establish national ambient air
quality standards for certain common and widespread pollutants based on the latest science.
EPA has set air quality standards for six common "criteria pollutants": particulate matter (also known as particle
pollution), ozone, sulphur dioxide, nitrogen dioxide, carbon monoxide, and lead
The Clean Air Act, originally passed in 1973 and amended in 1990,
The Clean Air Act has helped:
o cut ground‐level ozone, a dangerous component of smog, by more than 25 percent since 1980;
o reduce mercury emissions by 45 percent since 1990;
o reduce the main pollutants that contribute to acid rain, sulfur dioxide and nitrogen dioxide, by 71 percent
and 46 percent, respectively since 1980;
o phase out the production and use of chemicals that contribute to the hole in the ozone layer; and
o reduce the lead content in gasoline, which has cut lead air pollution by 92 percent since 1980.
Emissions of dark smoke from a chimney of a vessel for not longer than the period specified in column (2) of the
schedule to these regulations in respect of the class of case specified in column (1) shall be left out of account for
the purposes of section 1 of the Clean Air Act, 1956:
o Provided that—
continuous emissions of dark smoke caused otherwise than by the soot blowing of a water tube
boiler shall not exceed
in the case of classes 1 and 2, 4 minutes;
in the case of natural draught oil‐fired boiler furnaces in class 4, 10 minutes; and
in no case shall black smoke be emitted for more than 3 minutes in the aggregate in any period of
30 minutes.
o In this paragraph “black smoke” means smoke which, if compared in the appropriate manner with a chart of
the type known at the date of the passing of the Clean Air Act, 1956, as the Ringelmann Chart, would appear
to be as dark as or darker than shade 4 on the chart.
48
Rupesh Pillai
GOAL BASED STANDARDS
Goal‐based standards (GBS) are high‐level standards and procedures that are to be met through regulations, rules
and standards for ships
The Maritime Safety Committee, at its eighty‐seventh session in May 2010, adopted a new SOLAS regulation II‐1/3‐
10 on Goal‐based ship construction standards for bulk carriers and oil tankers (resolution MSC.290(87)).
This regulation, which entered into force on 1 January 2012, requires that all oil tankers and bulk carriers of 150 m
in length and above, for which the building contract is placed on or after 1 July 2016, satisfy applicable structural
requirements conforming to the functional requirements of the International Goal‐based Ship Construction
Standards for Bulk Carriers and Oil Tankers.
The basic principles of IMO goal‐based standards/regulations are:
o Broad, over‐arching safety, environmental and/or security standards that ships are required to meet during
their lifecycle.
o The required level to be achieved by the requirements applied by class societies and other recognized
organizations, Administrations and IMO.
o Clear, demonstrable, verifiable, long standing, implementable and achievable, irrespective of ship design
and technology.
o Specific enough in order not to be open to differing interpretations.
Consists of 5 TIERS:
o TIER 1: GOAL
Ships are to designed and constructed for a specified design life to be safe and environmentally
friendly when properly operated and maintained under the specified operating and environmental
condition, in intact and specified damage condition, throughout their life.
Here safety also includes the ship structure being arranged to provide safe access, escape,
inspection and proper maintenance.
o TIER 2: FUNCTIONAL REQUIREMENTS
DESIGN: ‐‐
Design life: ‐ 25 years’ design life
Environmental condition: ‐ North Atlantic environment
Structural strength: ‐ Suitable safety margin at net scantling
Fatigue life: ‐ 25 years’ fatigue life in north Atlantic
Residual strength: ‐ Sufficient
Protection against corrosion: ‐ Coating design life specified.
Structural redundancy
Water tight and weather tight integrity
Human element consideration
Design transparency
CONSTRUCTION: ‐
Construction quality procedures
Survey
IN SERVICE CONSIDERATION: ‐
Survey and maintenance
Structural accessibility
RECYCLING CONSIDERATION: ‐
Recycling
o TIER 3: VERIFICATION
It provides the instruments necessary for demonstrating that the detailed requirement in TIER 4 and
TIER 5 comply with TIER 1 goals and TIER 2 functional requirements.
Verification process is:‐
RO or administration submits request for verification of its rule.
IMO appointed audit teams review.
49
Rupesh Pillai
Report of audit team goes to MSC
MSC takes decision on conformity with GBS
o TIER 4: ‐ Technical procedures and guidelines
o TIER 5: ‐ Industry standard, codes of practices and safety and quality systems for ship building, operation,
maintenance, training etc
SHIP CONSTRUCTION FILE:‐
o it will contain the specific information on how the functional requirements of the GBS have been applied in
ship design and construction. It shall be provided upon delivery of a new ship, and kept on board a ship
and/or ashore.
o It should be updated as appropriate throughout ship’s life. Contents of SCF shall at least conform to the
guidelines
50
Rupesh Pillai
POLAR CODE
MO has adopted the International Code for Ships Operating in Polar Waters (Polar Code) and related amendments
to make it mandatory under both the International Convention for the Safety of Life at Sea (SOLAS) and the
International Convention for the Prevention of Pollution from Ships (MARPOL).
The Polar Code is expected to enter into force on 1 January 2017.
The Polar Codeis intended to cover the full range of shipping‐related matters relevant to navigation in waters
surrounding the two poles – ship design, construction and equipment; operational and training concerns; search
and rescue; and, equally important, the protection of the unique environment and eco‐systems of the polar regions
The Polar Code covers the full range of design, construction, equipment, operational, training, search and rescue
and environmental protection matters relevant to ships operating in the inhospitable waters surrounding the two
poles.
The Polar Code includes mandatory measures covering
o safety part (part I‐A) and
o pollution prevention (part II‐A) and
o recommendatory provisions for both (parts I‐B and II‐B).
The Code will require ships intending to operating in the defined waters of the Antarctic and Arctic to apply for a
Polar Ship Certificate, which would classify the vessel as
o Category A ship ‐ ships designed for operation in polar waters at least in medium first‐year ice, which may
include old ice inclusions;
o Category B ship ‐ a ship not included in category A, designed for operation in polar waters in at least thin
first‐year ice, which may include old ice inclusions; or
o Category C ship ‐ a ship designed to operate in open water or in ice conditions less severe than those
included in Categories A and B.
The issuance of a certificate would require an assessment, taking into account the anticipated range of operating
conditions and hazards the ship may encounter in the polar waters.
The assessment would include information on identified operational limitations, and plans or procedures or
additional safety equipment necessary to mitigate incidents with potential safety or environmental consequences.
Ships will need to carry a Polar Water Operational Manual, to provide the Owner, Operator, Master and crew with
sufficient information regarding the ship's operational capabilities and limitations in order to support their decision‐
making process.
Definitions
o First‐year ice means sea ice of not more than one winter growth developing from young ice with thickness
from 0.3 m to 2.0 m
o Medium first‐year ice means first‐year ice of 70 cm to 120 cm thickness
o Old ice means sea ice which has survived at least one summer's melt; typical thickness up to 3 m or more. It
is subdivided into residual first‐year ice, second‐year ice and multi‐year ice
o
51
Rupesh Pillai
III CODE
IMO developed initially:
o A.973(24) ‐ Code for implementation of mandatory IMO instruments in 2005, as revised by A.1054(27) in
2011, as Audit Standard for VIMSAS, and again by
o A.1070(28) in 2013 and made mandatory, as Audit Standard for IMSAS
MEPC 66 adopted amendments to MARPOL to make III Code mandatory as from 1/1/2016
MSC 93 adopted amendments to SOLAS, STCW, LL, and just mentioned relevant mandatory instruments to make III
Code applicable and mandatory as from 1/1/2016
Consists of:
o Part 1 – Common Areas
o Part 2 – Flag State
o Part 2 – Coastal State
o Part 4 – Port State
Common Areas:
o Objective:
enhance global maritime safety and protection of the marine environment and assist States in the
implementation of instruments of the Organization
o Strategy
a State shoulddevelop an overall strategy to ensure that its international obligations and
responsibilities as a flag, port and coastal State are met
a State shouldestablish a methodology to monitor and assess that the strategy ensures effective
implementation and enforcement of relevant international mandatory instruments
a State shouldcontinuously review the strategy to achieve, maintain and improve the overall
organizational performance and capability as a flag, port and coastal State.
o When a new or amended instrument of the Organization enters into force for a State, the Government of
that State shall be in a position to implement and enforce its provisions through appropriate national
legislation and to provide the necessary implementation and enforcement infrastructure. This means that
the Government of the State shall have:
the ability to promulgate laws, which permit effective jurisdiction and control in administrative,
technical and social matters over ships flying its flag and, in particular, provide the legal basis for
general requirements for registries, the inspection of ships, safety and pollution‐prevention laws
applying to such ships and the making of associated regulations;
a legal basis for the enforcement of its national laws and regulations including the associated
investigative and penal processes; and
the availability of sufficient personnel with maritime expertise to assist in the promulgation of the
necessary national laws and to discharge all the responsibilities of theState, including reporting as
required by the respective conventions.
FLAG STATE:
o implement policies through the issuance of national legislation and guidance, which will assist in the
implementation and enforcement of the requirements of all safety and pollution prevention conventions
and protocols to which they are parties
o assign responsibilities within their Administrations to update and revise any relevant policies adopted
o implement applicable international rules and regulations as well as develop and disseminate any
interpretative national regulations
o compliance with the requirements related to international standards of training, certification and watch
keeping of seafarers.
o the conduct of investigations into casualties and adequate and timely handling of cases of ships with
identified deficiencies. Marine safety investigations should be conducted by qualified, impartial and
objective investigators, knowledgeable in matters relating to the casualty.
o A flag State shall ensure that ships entitled to fly its flag are sufficiently and efficiently manned
o the periodic inspection of ships entitled to fly its flag to verify that the actual condition of the ship and its
crew is in conformity with the certificates it carries
52
Rupesh Pillai
o Personnel responsible for, or performing, surveys, inspections and audits on ships and companies covered
by the relevant international mandatory instruments shall be appropriately qualified
o A flag State shall, on a periodic basis, evaluate its performance with respect to the implementation of
administrative processes, procedures and resources necessary to meet its obligations as required by the
international instruments to which it is a party
COASTAL STATE
o implement policies through the issuance of national legislation and guidance, which will assist in the
implementation and enforcement of the requirements of all safety and pollution prevention conventions
and protocols to which it is a party
o obligations and responsibilities may include
radio communication services;
meteorological services and warnings;
search and rescue services;
hydrographic services;
ship routeing;
ship reporting systems;
vessel traffic services; and
aids to navigation
o A coastal State shall periodically evaluate its performance in respect of exercising its rights and meeting its
obligations under the applicable international instruments
PORT STATE
o ensure that its legislation, guidance and procedures are established for the consistent implementation and
verification of its rights, obligations and responsibilities contained in the relevant international instruments
to which it is a party
o rights, obligations and responsibilities include,
provision of appropriate reception facilities or capability to accept all waste streams regulated
under the instruments of the Organization;
port State control; and
keeping a register of fuel oil suppliers
IMSAS:
o Purpose:
The IMO Member State Audit Scheme is intended to provide an audited Member State with a
comprehensive and objective assessment of how effectively it administers and implements those
mandatory IMO instruments which are covered by the Scheme.review the rights and obligations of
States emanating from the IMO treaty instruments;
assess, monitor and review the current level of implementation of IMO instruments by States in
their capacity as flag, port and coastal States, with a view to identifying areas where States may
have difficulties in fully implementing them;
identify the reasons for the difficulties in implementing provisions of relevant IMO instruments,
taking into account any relevant information collected through, inter alia, the assessment of
performance, the investigation of marine casualties and incidents and port State control (PSC) data,
while paying particular attention to difficulties faced by developing countries;
consider proposals to assist States in implementing and complying with IMO instruments by the
development of appropriate instruments, guidelines and recommendations.
analyse investigation reports into marine casualties and incidents and maintain an efficient and
comprehensive knowledge‐based mechanism to support the identification of trends and feed into
the IMO rule‐making process;
review IMO standards on maritime safety and security and the protection of the marine
environment, to maintain an updated and harmonized guidance on survey and certification related
requirements; and
promote global harmonization of PSC activities
53
Rupesh Pillai
o Instruments
SOLAS 74
STCW 78
Loadline 66/ Protocol 88
Colreg 72
Tonnage 69
Marpol
54
Rupesh Pillai
NOISE CODE
1 Annex and 7 Chapter and 4 appendix
The Code is intended to provide standards to prevent the occurrence of potentially hazardous noise levels on board
ships and to provide standards for an acceptable environment for seafarers.
Requirements and recommendations are made for:
o measurement of noise levels and exposure
o protecting the seafarer from the risk of noise‐induced hearing loss under conditions where at present it is
not feasible to limit the noise to a level which is not potentially harmful;
o limits on acceptable maximum noise levels for all spaces to which seafarers normally have access
o verification of acoustic insulation between accommodation spaces
Purpose
o provide for safe working conditions by giving consideration to the need for speech communication and for
hearing audible alarms, and to an environment where clear‐headed decisions can be made in control
stations, navigation and radio spaces and manned machinery spaces
o protect the seafarer from excessive noise levels which may give rise to a noise‐induced hearing loss; and
o provide the seafarer with an acceptable degree of comfort in rest, recreation and other spaces and also
provide conditions for recuperation from the effects of exposure to high noise levels.
Application
o The Code applies to new ships of a gross tonnage of 1,600 and above
o The Code does not apply to:
dynamically supported craft;
high‐speed craft;
fishing vessels;
pipe‐laying barges;
pleasure yachts not engaged in trade;
ships of war and troopships;
Measuring Equipment
o Measurement of sound pressure levels shall be carried out using precision integrating sound level meters
o Octave filter set
o Microphone wind screen
Measurement
o This person conducting measurements shall have
knowledge in the field of noise, sound measurements and handling of used equipment;
training concerning the procedures
o Operating conditions at sea trials
Measurements should be taken with the ship in the loaded or ballast condition
Noise measurements shall be taken at normal service speed and, unless otherwise addressed in the
provisions below, no less than 80% of the maximum continuous rating (MCR)
All machinery, navigation instruments, radio and radar sets, etc., normally in use at normal seagoing
condition and levels, including squelch shall operate throughout the measurement period.
Measurements in spaces containing emergency diesel engine driven generators, fire pumps or other
emergency equipment that would normally be run only in emergency, or for test purposes, shall be
taken with the equipment operating
Mechanical ventilation, heating and air‐conditioning equipment shall be in normal operation,
Ships fitted with bow thrusters, stabilizers, etc., may be subject to high noise levels when this
machinery is in operation. For thrusters, measurements shall be made at 40% thruster power and
the ship's speed shall be appropriate for thruster operation
o Operating conditions in port
When the noise from the ship's cargo handling equipment may lead to noise above maximum levels
in duty stations and accommodation spaces affected by its operation, measurements should be
taken
55
Rupesh Pillai
Where the ship is a vehicle carrier and noise during loading and discharging originates from vehicles,
the noise level in the cargo spaces and the duration of the exposure should be considered
o Environmental conditions
The readings obtained may be affected if the water depth is less than five times the draught or if
there are large reflecting surfaces in the ship's vicinity
The meteorological conditions such as wind and rain, as well as sea state, should be such that they
do not influence the measurements. Wind force 4 and 1 m wave height should not be exceeded.
Care shall be taken to see that noise from extraneous sound sources, such as people,
entertainment, construction and repair work, does not influence the noise level on board the ship at
the positions of measurement.
Measurement procedures
o During noise level measurement, only seafarers necessary for the operation of the ship and persons taking
the measurements shall be present in the space concerned
o Sound pressure level readings shall be taken in decibels using an A‐weighting (dB(A)) and C‐weighting
(dB(C)) filter and if necessary also in octave bands between 31.5 and 8,000 Hz.
Measurement positions
o If not otherwise stated, measurements shall be taken with the microphone at a height of between 1.2 m
(seated person) and 1.6 m (standing person) from the deck.
o The distance between two measurement points should be at least 2 m, and in large spaces not containing
machinery, measurements should be taken at intervals not greater than 10 m throughout the space
including positions of maximum noise level.
o In no case shall measurements be taken closer than 0.5 m from the boundaries of a space.
o Measurements shall be taken at positions where the personnel work, including at communication stations
o Measurements shall be taken at the principal working and control stations of the seafarers in the machinery
spaces and in the adjacent control rooms, if any, special attention being paid to telephone locations and to
positions where voice communication and audible signals are important
o Measurements from machinery which constitutes a sound source should be taken at 1 m from the
machinery
o Measurements shall be taken on both navigating bridge wings but should only be taken when the navigating
bridge wing to be measured is on the lee side of the ship.
o The number of measurement cabins shall be not less than 40 per cent of total number of cabins. Cabins
which are obviously affected by noise, i.e. cabins adjacent to machinery or casings, must be considered in
any case.
Noise level limits
o Machinery spaces 110
o Machinery control rooms 75
o Workshops other than those forming part of machinery spaces 85
o Navigating bridge and chartrooms 65
o Cabin and hospitals 60
o Messrooms 65
Noise Exposure Limits
o within each day or 24‐hour period the equivalent continuous noise exposure would not exceed 80 dB(A)
o In spaces with sound pressure levels exceeding 85 dB(A), suitable hearing protection should be used, or to
apply time limits for exposure
o No seafarer, even when wearing hearing protectors, should be exposed to levels exceeding 120 dB(A)
56
Rupesh Pillai
IMSBC
international Maritime Solid Bulk Cargoes Code (IMSBC Code)
The International Maritime Solid Bulk Cargoes Code (IMSBC Code), and amendments to SOLAS chapter VI to make
the Code mandatory, were adopted by the Maritime Safety Committee (MSC), 85th session, in 2008. The
amendments are expected to enter into force on 1 January 2011.
The IMSBC Code will replace the Code of Safe Practice for Solid Bulk Cargoes (BC Code), which was first adopted as a
recommendatory code in 1965 and has been updated at regular intervals since then.
The aim of the mandatory IMSBC Code is to facilitate the safe stowage and shipment of solid bulk cargoes by
providing information on the dangers associated with the shipment of certain types of cargo and instructions on the
appropriate procedures to be adopted.
The international Code of Safe Practice for Solid Bulk Cargoes (BC Code) includes recommendations to
Governments, ship operators and shipmasters. Its aim is to bring to the attention of those concerned an
internationally‐accepted method of dealing with the hazards to safety which may be encountered when carrying
cargo in bulk.
The Code highlights the dangers associated with the shipment of certain types of bulk cargoes; gives guidance on
various procedures which should be adopted; lists typical products which are shipped in bulk; gives advice on their
properties and how they should be handled; and describes various test procedures which should be employed to
determine the characteristic cargo properties.
The Code contains a number of general precautions and says it is of fundamental importance that bulk cargoes be
properly distributed throughout the ship so that the structure is not overstressed and the ship has an adequate
standard of stability. A revised version of the Code was adopted in 2004 as Resolution MSC.193(79) Code of safe
practice for solid bulk cargoes, 2004
BLU CODE
CODE OF PRACTICE FOR THE SAFE LOADING AND UNLOADING OF BULK CARRIERS (BLU CODE), 1998 Edition
Being concerned about the continued loss of ships carrying solid bulk cargoes, sometimes without a trace, and the
heavy loss of life incurred, and recognizing that a number of accidents have occurred as a result of improper loading
and unloading of bulk carriers, the Sub‐Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) at its
first session (February 1996) developed a draft code of practice for the safe loading and unloading of bulk carriers,
with the aim of preventing such accidents.
The resulting Code of Practice for the Safe Loading and Unloading of Bulk Carriers (BLU Code) was approved by the
MSC at its 68th session (June 1997) and adopted by the Assembly at its 20th session (November 1997) by resolution
A.862(20).
The BLU Code, which provides guidance to masters of bulk carriers, terminal operators and other parties concerned
with the safe handling, loading and unloading of solid bulk cargoes, is also linked to regulation VI/7 of the 1974
SOLAS Convention, as amended by resolution MSC.47(66).
57
Rupesh Pillai
MS ACT
Purpose:
o Is to ensure the efficient maintenance of an Indian Mercantile marine and for that for purpose a National
Shipping Board was created with an aim to provide registration, certification, safety and security of Indian
Ship
PART I Preliminary
PART II National Shipping Board
PART III General Administration
PART IV Shipping Development Fund
PART V Registration Of Indian Ships
PART VI Certificates Of Officers
PART VIA Obligation of certain Certificate Holder To Serve Government Or In Indian Ships
PART VII Seamen And Apprentices
PART VIII Passenger Ships
PART IX Safety
PART IXA Nuclear Ships
PART X Collisions, Accidents At Sea & Liability
PART XA Limitation Of Liability
PART XB Civil Liability For Oil Pollutin Damage
PART XIA Prevention And Containment Of Pollution Of The Sea BY OIL
PART XII Investigations And Inquiries
PART XIII Wreck And Salvage
PART XIV Control Or Indian Ships And Ships Engaged In Coasting Trade
PART XV Sailing Vessels
PART XVA Fishing Boats
PART XVI Penalties And Procedure
PART XVII Miscellaneous
PART XVIII Repeals And Savings
58
Rupesh Pillai
SAFE MANNING
SOLAS CHAPTER V, REG 14
the principles of minimum safe manning set out in section 3 to ensure the safe operation of ships to which
article III of the 1978 STCW Convention, as amended, applies, and the security of ships to which chapter XI‐2 of
the 1974 SOLAS Convention, as amended,
Principle:
the capability to
maintain safe navigational, port, engineering and radio watches in accordance with regulation
VIII/2 of the 1978 STCW Convention, as amended, and also maintain general surveillance of the
ship;
moor and unmoor the ship safely;
manage the safety functions of the ship when employed in a stationary or near‐stationary mode
at sea;
perform operations, as appropriate, for the prevention of damage to the marine environment;
maintain the safety arrangements and the cleanliness of all accessible spaces to minimize the
risk of fire;
provide for medical care on board ship;
ensure safe carriage of cargo during transit;
inspect and maintain, as appropriate, the structural integrity of the ship; and
operate in accordance with the approved Ship's Security Plan; and
The minimum safe manning of a ship should be established taking into account all relevant factors, including the
following
size and type of ship;
number, size and type of main propulsion units and auxiliaries;
level of ship automation;
construction and equipment of the ship;
method of maintenance used;
cargo to be carried;
frequency of port calls, length and nature of voyages to be undertaken;
trading area(s), waters and operations in which the ship is involved;
extent to which training activities are conducted on board;
degree of shoreside support provided to the ship by the company;
applicable work hour limits and/or rest requirements; and
the provisions of the approved Ship's Security Plan
59
Rupesh Pillai
UNFCC
The UNFCCC objective is to "stabilize greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system"
The parties to the convention have met annually from 1995 in Conferences of the Parties (COP) to assess progress in
dealing with climate change.
Rio de Janeiro from 3 to 14 June 1992, then entered into force on 21 March 1994:
o The framework set no binding limits on greenhouse gas emissions for individual countries and contains no
enforcement mechanisms. Instead, the framework outlines how specific international treaties (called
"protocols" or "Agreements") may be negotiated to set binding limits on greenhouse gases.
The parties to the convention have met annually from 1995 in Conferences of the Parties (COP) to assess progress in
dealing with climate change.
In 1997, the Kyoto Protocol
o was concluded and established legally binding obligations for developed countries to reduce their
greenhouse gas emissions in the period 2008‐2012
o The Protocol’s first commitment period started in 2008 and ended in 2012.
The 2010 Cancun agreements
o state that future global warming should be limited to below 2.0 °C (3.6 °F) relative to the pre‐industrial level.
Doha Amendment
o The Protocol was amended in 2012 to encompass the period 2013‐2020 in the Doha Amendment, which ‐as
of December 2015‐ not entered into force.
In 2015 the Paris Agreement was adopted, governing emission reductions from 2020 on through commitments of
countries in ambitious Nationally Determined Contributions
The 2015 United Nations Climate Change Conference, COP 21 or CMP 11
o was held in Paris, France, from 30 November to 12 December 2015.
o The agreement will enter into force when joined by at least 55 countries which together represent at least
55 percent of global greenhouse emissions
o According to the organizing committee at the outset of the talksthe expected key result was an agreement
to set a goal of limiting global warming to less than 2 degrees Celsius (°C) compared to pre‐industrial levels.
o The agreement calls for zero net anthropogenic greenhouse gas emissions to be reached during the second
half of the 21st century.
o In the adopted version of the Paris Agreement, the parties will also "pursue efforts to" limit the
temperature increase to 1.5 °C.
o The 1.5 °C goal will require zero emissions sometime between 2030 and 2050, according to some scientists
Market‐Based Measures
o MBMs place a price on GHG emissions and serve two main purposes:
providing an economic incentive for the maritime industry to reduce its fuel consumption by
investing in more fuel efficient ships and technologies and to operate ships in a more energy
efficient‐manner (in‐sector reductions)
offsetting in other sectors of growing ship emissions
o Leveraged Incentive Scheme (LIS) (Japan (MEPC 60/4/37)):
GHG Fund contributions are collected on marine bunker. Part thereof is refunded to ships meeting
or exceeding agreed efficiency benchmarks and labelled as “good performance ships”
o Port State Levy (Jamaica (MEPC 60/4/40)):
Levies a uniform emissions charge on all vessels calling at their respective ports based on the
amount of fuel consumed by the respective vessel on its voyage to that port
o Ship Efficiency and Credit Trading (SECT) (United Sates
Subjects all ships to mandatory energy efficiency standards. As one means of complying with the
standard, an efficiency‐credit trading programme would be established.
o
60
Rupesh Pillai
HUMAN ELEMENT
The safety and security of life at sea, protection of the marine environment and over 90% of the world's trade
depends on the professionalism and competence of seafarers
The IMO's International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW),
1978 was the first internationally‐agreed Convention to address the issue of minimum standards of competence for
seafarers. In 1995 the STCW Convention was completely revised and updated to clarify the standards of
competence required and provide effective mechanisms for enforcement of its provisions.
The amendments, now referred to as the Manila amendments, which provide enhanced standards of training for
seafarers, entered into force on 1 January 2012
In 1997, IMO adopted a resolution setting out its vision, principles and goals for the human element.
The human element is a complex multi‐dimensional issue that affects maritime safety, security and marine
environmental protection involving the entire spectrum of human activities performed by ships' crews, shore based
management, regulatory bodies and others. All need to co‐operate to address human element issues effectively.
One key STCW Convention provision requires Parties to provide information to allow others to check the validity
and authenticity of seafarers' certificates of competency. This is important as unqualified seafarers holding
fraudulent certificates of competency are a clear danger to themselves, others on board and the marine
environment.
Revised requirements on hours of work and rest and new requirements for the prevention of drug and alcohol
abuse, as well as updated standards relating to medical fitness standards for seafarers;
New requirements for marine environment awareness training and training in leadership and teamwork
Vision
o To significantly enhance maritime safety and the quality of the marine environment by addressing human
element issues to improve performance
Principles
o the Organization, when developing regulations, should honour the seafarer by seeking and respecting the
opinions of those that do the work at sea
o effective remedial action following maritime casualties requires a sound understanding of human element
involvement in accident causation. This is gained by a thorough investigation and systematic analysis of
casualties for contributory factors and the causal chain of event
o rules and regulations addressing the seafarers directly should be simple, clear and comprehensive;
Goals
o to have in place a structured approach for the proper consideration of human element issues for use in the
development of regulations and guidelines by all committees and sub‐committees
o to promote and communicate, through human element principles, a maritime safety culture and
heightened marine environment awareness;
o to have in place a system to discover and to disseminate to maritime interest studies, research and other
relevant information on the human element, including findings from marine and non‐marine incident
investigations; and
o to provide material to educate seafarers so as to increase their knowledge and awareness of the impact of
human element issues on safe ship operations, to help them do the right thing
FATIGUE: The most common causes of fatigue known to seafarers are lack of sleep, poor quality of rest, stress and
excessive workload. There are many other contributors as well, and each will vary depending onthe circumstance
(i.e. operational, environmental).
o There are many ways to categorise the causes of fatigue. To ensure thoroughness and to provide good
coverage of most causes, they have been divided into 4 general categories.
Crew‐specific factors
Management factors (ashore and aboard ship)
Ship‐specific factors
Environmental factors
o Crew Specific Factors
61
Rupesh Pillai
The crew‐specific factors are related to lifestyle behaviour, personal habits and individual attributes.
However, fatigue varies from one person to another and its effects are often dependent on the
particular activity being performed.
The crew‐specific factors include the following:
Sleep and rest
quality, quantity and duration of Sleep
sleep disorders/disturbances
rest breaks
Biological clock/circadian rhythms
Psychological and emotional factors, including stress
fear
monotony and boredom
Health
diet
illness
Stress
skill, knowledge and training as it relates to the job
personal problems
interpersonal relationships
Ingested chemicals
alcohol
drugs (prescription and non‐prescription)
caffeine
Age
Shift work and work schedules
Workload (mental/physical)
Jet lag
o Management Specific Factors
The management factors relate to how ships are managed and operated. These factors can
potentially cause stress and an increased workload, ultimately resulting in fatigue. These factors
include:
Organisational factors
staffing policies and retention
paperwork requirements
economics
schedules‐shift, overtime, breaks
company culture and management style
rules and regulations
resources
upkeep of vessel
Voyage and scheduling factors
frequency of port calls
time between ports
routing
weather and sea condition on route
traffic density on route
nature of duties/workload while in port
o Ship Specific Factors
These factors include ship design features that can affect/cause fatigue. Some ship design features
affect workload (i.e. automation, equipment reliability), some affect the crew’s ability to sleep, and
62
Rupesh Pillai
others affect the level of physical stress on the crew (i.e. noise, vibration, accommodation spaces,
etc.).
The following list details ship‐specific factors:
ship design
level of automation
level of redundancy
equipment reliability
inspection and maintenance
age of vessel
physical comfort in work spaces
location of quarters
ship motion
physical comfort of accommodation spaces
o Environmental Specific Factors
Exposure to excess levels of environmental factors, e.g. temperature, humidity, excessive noise
levels,can cause or affect fatigue.
Long term exposure may even cause harm to a person’s health. Furthermore, considering that
environmental factors may produce physical discomfort, they can also cause or contribute to the
disruption of sleep.
Ship motion is also considered an environmental factor. Motion affects a person’s ability to
maintain physical balance. This is due to the extra energy expended to maintain balance while
moving, especially during harsh sea conditions. There is a direct relation between a ship’s motion
and a person’s ability to work. Excessive ship movement can also cause nausea and motion
sickness Environmental factors can also be divided into factors external to the ship and those
internal to the ship.
o Within the ship, the crew is faced with elements such as noise, vibration and temperature (heat,cold, and
humidity).
Mitigate Fatigue
o Steps such as the following are important in the prevention of fatigue on board ship, and are within the Ship
Officer’s ability to influence and implement:
o Ensure compliance with maritime regulations (minimum hours of rest and/or maximum hours of work)
Take strategic naps
Develop and maintain good sleep habits, such as a pre‐sleep routine (something that you always do
to get you ready to sleep)
Eat regular, well‐balanced meals (including fruits and vegetables, as well as meat and starches)
Exercise regularly
Drink sufficient amount of water
Use rested personnel to cover for those travelling long hours to join the ship and who are expected
to go on watch as soon as they arrive on board (i.e. allowing proper time to overcome fatigue and
become familiarised with the ship
Create an open communication environment (e.g. by making it clear to crew members that it is
important to inform supervisors when fatigue is impairing their performance and that there will be
no recriminations for such reports
Schedule drills in a manner that minimises the disturbance of rest/sleep periods
Establish on board management techniques when scheduling shipboard work and rest periods, and
using watch‐keeping practices and assignment of duties in a more efficient manner (using, where
appropriate, IMO and ILO recommended formats – “Model format for table of shipboard working
arrangements” and “Model format for records of hours of work or hours of rest of seafarers”)
Assign work by mixing up tasks to break up monotony and combining work that requires high
physical or mental demand with low‐demand tasks (job rotation)
Schedule potentially hazardous tasks for daytime hours
63
Rupesh Pillai
Emphasis the relationship between work and rest periods to ensure that adequate rest is received;
this can be accomplished by promoting individual record keeping of hours rested or worked. Using
(where appropriate) IMO and ILO recommended formats in “IMO/ILO Guidelines for the
Development of Tables of Seafarers’ Shipboard Working Arrangements and Formats of Records of
Seafarers’ Hours of Work or Hours of Rest”
Re‐appraise traditional work patterns and areas of responsibility on board to establish the most
efficient utilisation of resources (such as sharing the long cargo operations between all the deck
officers instead of the traditional pattern and utilizing rested personnel to cover for those who have
travelled long hours to join the ship and who may be expected to go on watch as soon as they
arrive)
Ensure that shipboard conditions, within the crew’s ability to influence, are well maintained i (e.g.
Maintaining heating, ventilation and air‐conditioning (HVAC) on schedule, replacing light bulbs,and
contending with sources of unusual noise at the first possible opportunity)
Establish shipboard practices for dealing with fatigue incidents and learning from the past (as part of
safety meetings)
Increase awareness of long term health benefits of appropriate lifestyle behaviour (e.g.
exercise,relaxation, nutrition, avoiding smoking and low alcohol consumption)
SOFT SKILLS:
o Situation and risk assessment: to understand the influence of a situation and risk assessment in the
principles and practice of decision making at an operational level.
o Situational awareness: how to acquire and maintain situational awareness and accidents and increasing
safety margins.
o Communication: how to recognise and apply best practice in communication, and be aware of barriers to
communication and how these may adversely affect situational awareness.
o Shipboard training: to understand the aim of shipboard training, the principles of learning and methods of
developing human potential.
o Culture: how to recognise and respond to cultural issues including cultural awareness and bias including
national, organisational, departmental and personal cultural approaches.
o Team working: to recognise team working models and conflict management style.
o Leadership and management: to recognise and demonstrate effective leadership behaviours.
o Workload management: understand the concept of task and workload management and be able to apply it.
Recognising fatigue and stress in yourself and others, and developing strategies for dealing with them.
As per STCW
o Table A‐II/1, A‐II/2, A‐III/1 and A‐III/2
Competency : Application of leadership and team working skills
Knowledge, understanding and proficiency :
Ability to apply task and workload management, including:
o planning and co‐ordination
o personnel assignment
o time and resource constraints
o prioritization
Knowledge and ability to apply effective resource management:
o allocation, assignment and prioritization of resources
o effective communication onboard and ashore
o decisions reflect consideration of team experiences
o assertiveness and leadership, including motivation
o obtaining and maintaining situational awareness
Knowledge and ability to apply decision‐making techniques:
o situation and risk assessment
o identify and consider generated options
o selecting course of action
64
Rupesh Pillai
o evaluation of outcome effectiveness
65
Rupesh Pillai
HARMONIZED SYSTEM OF SURVEY AND CERTIFICATION, HSSC SURVEY
A harmonized system of survey and certification covering international shipping regulations adopted by IMO
entered into force on 3 February 2000
The system covers survey and certification requirements of SOLAS 1974, the International Convention on Load
Lines, 1966, and MARPOL 73/78, as well as the IBC Code, BCH Code and IGC Code.
All of these instruments require the issuing of certificates to show that requirements have been met, and this has to
be done by means of a survey, which can involve the ship being out of service for several days.
The harmonized system will alleviate the problems caused by survey dates, and intervals between surveys, which do
not coincide, so that a ship should no longer have to go into a port or repair yard for a survey required by one
convention shortly after doing the same thing in connection with another instrument
The harmonized system provides for:
o a one‐year standard interval between surveys, based on initial, annual, intermediate, periodical and renewal
surveys as appropriate;
o a scheme for providing the necessary flexibility for the execution of each survey with the provision that the
renewal survey may be completed within three months before the expiry date of the existing certificate
with no loss of its period of validity;
o a maximum period of validity of five years for all certificates for cargo ships
o a maximum period of validity of 12 months for the Passenger Ship Safety Certificate
o a system for the extension of certificates limited to three months to enable a ship to complete its voyage (or
one month for ships engaged on short voyages);
List of certificates required on board ship relating to harmonized system of survey and certification (some depend
on type of ship)
o Passenger Ship Safety Certificate, including Record of Equipment
o Cargo Ship Safety Construction Certificate
o Cargo Ship Safety Equipment Certificate, including Record of Equipment
o Cargo Ship Safety Equipment Certificate, including Record of Equipment
o Cargo Ship Safety Certificate, including Record of Equipment
o International Load Lines Certificate
o International Load Lines Exemption Certificate
o International Oil Pollution Prevention Certificate
o International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk
o International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk
o International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk
o Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk
66
Rupesh Pillai
DEFINITIONS
AUDIT
o Audit always forecasts on past activities and then detect the fault and propose the corrective action.
o Audit always focuses on system operation, system procedure and documentation.
o Audit always looks only on the system.
o Audit is focused on software items.
o Audit of entire system is not possible as it is done on sampling basis like surveillance audit
o For example, an auditor will check satisfactory repair of pump and will enquire, find and analyze as to when
pump was last inspected, why deficiency not found before survey etc.
SURVEY
o Survey focuses on future activities so that equipment continues to function for next survey.
o Survey focuses on physical status of machinery or equipment.
o Survey looks on product.
o Survey is focused on hardware
o Survey of entire system is possible like safety equipment survey, main engine performance survey etc
o For example, in a survey of fire pump surveyor will check satisfactory repair of pump and noted deficiency
removed.
MAJOR NON‐ CONFORMITY
o an identifiable deviation which poses a serious threat to personnel or ship safety or a serious risk to the
environment and requires immediate corrective action; in addition, the lack of effective and systematic
implementation of a requirement of the ISM Code, is also considered as a major non conformity
NON‐ CONFORMITY
o A non‐conformity means an observed situation where objective evidence indicates the non‐fulfilment of a
specified requirement of the ISM code.
STRATEGY AND TACTICS
o Tactics are the actual means used to gain an objective, while strategy is the overall campaign plan, which
may involve complex operational patterns, activity, and decision‐making that lead totactical execution
o Strategy: To identify clear broader goals that advance the overall organization and organize resources.
o Tactics:To utilize specific resources to achieve sub‐goals that support the defined mission
ANGLE OF REPOSE
o Angle of Repose is the maximum slope angle of non‐cohesive (i.e. free‐flowing) granular material
o It is the angle between a horizontal plane and the cone slope of such material
o The angle of repose is a characteristic of non‐cohesive bulk cargoes, which is indicative of cargo stability,
and the purpose of which is to minimize the risk of bulk material shifting; the cargo should be trimmed
reasonably level to the boundaries of the cargo space
AVERAGE ADJUSTER:
o An average adjuster is a marine claims specialist responsible for adjusting and providing the general average
statement.
o Average Adjusters are expert in the law and practice of general average and marine insurance.
o They prepare claimsunder marine insurance policies which generally involve loss or damage to marine craft,
their cargoes or freight
PARTICULAR AVERAGE LOSS
o The damage or loss should be of a particular subject matter in which case the damage suffered cannot be
partially shifted to others and the loss would be borne by the persons directly affected by the damage to the
said cargo.
GENERAL AVERAGE LOSS
o refers to a loss that directly affects two or more interest in a common marine adventure unlike particular
average loss which affects a particular interest only.
o This loss involves an extraordinary sacrifice reasonably made during a peril for the sole purpose of
preserving other properties in a common marine adventure.
67
Rupesh Pillai
o This sacrifice could include throwing of some cargo over board (jettison), using cargo as fuel, cutting away of
spare or sails etc.
o The act must however be extraordinary, beyond the normal routine work of the ship crew and master and
the peril or danger that warrants such a sacrifice must also be more than the ordinary perils of the sea.
YORK ANTWERP RULE
o There is a general average act when and only when, any extraordinary sacrifice or expenditure is
intentionally and reasonably made or incurred for the common safety for preserving from peril the property
involved in common maritime adventure
DEMMURAGE:
o refers to the amount paid by the charterer of a ship as a compensation to the ship owner for any damage
that may occur due to the charterer’s inability to complete operations on a vessel (loading and offloading)
within the allowable period (lay‐days)
DESPATCH
o the money that would be paid to the charterer when he is able to ensure that loading and off‐loading of a
chartered vessel is completed before the elapse of the allowable time (lay days) this is however dependent
on the charter party agreement between both parties.
LAYCAN
o Period during which the shipowner must tender notice of readiness to the charterer that the ship has
arrived at the pod of loading and is ready to load.
o This period is expressed as two dates, for example laydays 25 March cancelling 2 April or, when abbreviated
as laycan, laycan 25 March/2 April. The charterer is not obliged to commence loading until the first of these
dates if the ship arrives earlier and may have the option of cancelling the charter if the ship arrives after the
second of the dates, known as cancelling date
LAYTIME
o Time allowed by the shipowner to the voyage charterer or Bill of Lading holder in which to load and / or
discharge the cargo.
LIEN CLAUSE
o Clause in a voyage Charter‐Party which entitles the shipowner to exercise a lien on the cargo, that is, to
retain control of the cargo until any freight, dead freight or demurrage which is owing is paid.
CESSER CLAUSE
o Clause in a voyage Charter‐Party which seeks to relieve the charterer of all responsibility under the contract
once the cargo has been shipped.
NEW JASON CLAUSE
o provides that the shipowner is entitled to recover in general average even when the loss is caused by
negligent navigation.
o The need for such a clause arises from the decision of an American court that, while American law
exempted a shipowner from liability for loss or damage to cargo resulting from negligent navigation, this did
not entitle the shipowner to recover in general average for such a loss.
STANDING CHARGES
o Standing charges are those which remain constant whether voyage is token or not but these expense have
to be paid. It is known as fixed charges. For example: salary, depreciation, interest, repairs, insurance, etc.
The proportionate expense regarding period of voyage are debited to voyage account.
CONTRACT OF AFFREIGHTMENT
o is a contract between a ship‐owner and another person (called the charterer), in which the ship‐owner
agrees to carry goods for the charterer in the ship, or to give the charterer the use of the whole or part of
the ship's cargo‐carrying space for the carriage of goods on a specified voyage.
NEW JASON CLAUSE
o Protective clause inserted into a Charter‐Party or Bill of Lading which provides that the shipowner is entitled
to recover in general average even when the loss is caused by negligent navigation.
OIL CESS:
o There shall be levied on every ship calling at any port in India being a ship which carries oil as cargo, a cess
to be called Oil Pollution Cess at such rate not exceeding fifty paise, ‐‐
68
Rupesh Pillai
in respect of each tonne of oil imported by a ship into India in bulk as a cargo;
in respect of each tonne of oil shipped from any place in India in bulk as a cargo of a ship
ASPECT RATIO:
o the inlet cross‐sectional area divided by the radius from the turbo centerline to the centroid of that area.
LOSS RATIO:
o The loss ratio is calculated by dividing the total incurred losses by the total collected insurance premiums.
o The losses are added to adjustment expenses and then divided by total earned premiums.
DELTA TUNING
o Delta tuning is for wartsila engines. Every unit has 3 fuel valves. So at lower loads only 1 fuel valve is
functional, as the load increases then two fuel valves and then 3 at max load. This combination of fuel valves
in use keeps changing
CTL
o An actual total loss occurs where the damages or cost of repair clearly equal or exceed the value of the
property.
o A constructive total loss is a situation where the cost of repairs plus the cost of salvage equal or exceed the
value.
Liner Trade
o Liner Service – is a service that operates within a schedule and has a fixed port rotation with published
dates of calls at the advertised ports.
Tramp Service
o A Tramp Service or tramper on the other hand is a ship that has no fixed routing or itinerary or schedule
and is available at short notice (or fixture) to load any cargo from any port to any port
CAPTAIN OF THE PORT (COTP)
o is a title held by a United States Coast Guard officer, usually the commander of a United States Coast Guard
sector with the rank of captain (O‐6).
o Captain of the port duties involve enforcing within their respective areas port safety and security and
marine environmental protection regulations, including regulations for the protection and security of
vessels, harbours, and waterfront facilities; anchorages; security zones; safety zones; regulated navigation
areas; deep‐water ports; water pollution; and ports and waterways safety
69
Rupesh Pillai
TORT
o Maritime tort is an injury to person or property of which admiralty will take jurisdiction because of its origin
on navigable waters in a maritime matter.
o It includes torts resulting from malfeasance or negligence, as well as those committed by direct force
LEIN
o Right to keep the property belonging to another person till debt owed is paid
SUE AND LABOUR CLAUSE
o A standard clause in a maritime insurance policy which allows the insured to recover from the insurer any
reasonable expenses incurred by the insured in order to minimize or avert a loss to the insured property, for
which loss the insurer would have been liable under the policy.
DEFICIENCY AND NON CONFORMITY:
o "Deficiency" means a defect in, or a failure in the operation of, a part of the ship’s structure or its
machinery, equipment, fittings, or a failure in the documentation
o “Non‐conformity” means an observed situation where objective evidence indicates the non‐fulfilment of a
specified requirement
o A deficiency is awarded when there is non fulfilment of any STATUTORY SURVEY / REQUIREMENTS. initial
annual intermediate renewal even PSC eg items pertaining to any statutory certificates SEQ SAFCON SRT or
any codes
o Non conformity are terms used exclusively for AUDITS let it be ISM or ISPS ....
o During audits NON CONFORMITY are issued during SURVEY deficiencies
PROTOCOL OF DELIVERY AND ACCEPTANCE
o The document that should be agreed in advance and signed by both parties at the closing table is called a
Protocol of Delivery and Acceptance. This document is a protection for both parties.
o Case in Point: The Buyer and the Seller’s representatives are sitting at the closing table exchanging
documents. Buyer’s representative confirms he is happy with his documents and instructs a wire to be sent
to the Seller. As the Buyer and Seller’s representatives are sitting at the closing table, the vessel (which is
docked at the Seller’s marina) is struck by another vessel. There is extensive damage to the vessel, causing
the vessel to sink. Buyer and Seller’s representatives are sitting at a closing table miles away from the
vessel. The sinking is not reported to the parties until hours after the closing has concluded.
o Exactly who owned the vessel when the accident occurred? Whose insurance company should the accident
be reported to? If you don’t have a signed, sealed and delivered Protocol of Delivery and Acceptance, it’s
anyone’s guess.
o Guessing is not part of a proper closing. ALWAYS ensure a Protocol of Delivery and Acceptance is executed
at closing with the exact date and time
BILL OF SALE
o A bill of sale is a document that transfers ownership of goods from one person to another.
o The Bill of Sale must be produced for the registration anew of the vessel upon change in ownership.
SUBSTANDARD SHIP: ‐
o A ship whose hull, machinery, equipment, or operational safety is substantially below the standards
required by the relevant convention or whose crew is not in conformance with the safe manning document
UNSEAWORTHY SHIP: ‐
o means under mentioned items of the ship are such as to make it unfit for the proposed voyage or service
the materials of construction,
her construction,
the qualification of master, the number, description and qualification of the crew including officers,
the weight, description and stowage of the cargo and ballast,
70
Rupesh Pillai
the condition of her hull and equipment, boilers and machinery
UNSAFE SHIP: ‐
o means under mentioned items of the ship are such as to make the ship unfit to proceed to sea on the
intended service without endangering human life
Defective condition of her hull, equipment or machinery,
Over loading or improper loading,
“SHORT INTERNATIONAL VOYAGE”
o means an international voyage in the course of which a ship is not more than 200 miles from a port or place
in which the passengers and crew could be placed in safety and which does not exceed 600 miles in length
between the last port of call in the country in which the voyage begins and the final port of destinations
UNIFIED REQUIREMENTS
o Unified Requirements are minimum requirements. Each Member remains free to set more stringent
requirements.
o Unified Requirements are adopted resolutions on matters directly connected to or covered by specific Rule
requirements and practices of classification societies and the general philosophy on which the rules and
practices of classification societies are established
PROCEDURAL REQUIREMENTS
o Procedural Requirements are adopted resolutions on matters of procedures to be followed by Members.
o Procedural Requirements adopted shall be incorporated in the practices and procedures of the members
within the periods agreed by the IACS General Policy Group.
SQUAT
o This is a term used to define changes in draught and trim which occurs when the depth of water beneath
the vessel is less than one and a half time the draught of the vessel when travelling at a significant speed
o When there is a limited clearance under the keel the restriction increases the velocity of water flow which
causes a drop in pressure thereby reducing the buoyancy force on the vessel. This effect is increased still
further when vessel is in the confined channel since the velocity of water flow must increase due to further
restriction.
o Since the weight of the vessel remains unchanged the ship will have to sink further thereby increasing her
draught in order to restore equilibrium
LETTER OF CREDIT
o A letter of credit is a document, typically from a bank (Issuing Bank), assuring that a seller (Beneficiary) will
receive payment up to the amount of the letter of credit, as long as certain documentary delivery conditions
have been met. In the event that the buyer (Applicant) is unable to make payment on the purchase, the
Beneficiary may make a demand for payment on the bank.
PASSENGER SHIP
o Ship carrying more than 12 passenger
PASSENGER
o Any person onboard except
A person employed or engaged in any capacity on boardthe ship on the business of the ship
A person onboard the ship either in pursuance of the obligation laid upon the master to carry ship
wrecked distressed or other persons or by reason of any circumstances which neither the master
nor the charterer, if any, could have prevented or forestalled
Child under the age of 1
TANKER
o “tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an
inflammable nature
71
Rupesh Pillai
72
Rupesh Pillai
STRUCTURE OF IMO AND ADOPTION OF CONVENTION
Structure of IMO
o The Organization consists of
an Assembly,
a Council and
five main Committees:
a number of Sub‐Committees support the work of the main technical committees.
o Assembly
This is the highest Governing Body of the Organization.
It consists of all Member States and it meets once every two years in regular sessions, but may also
meet in an extraordinary session if necessary.
The Assembly is responsible for approving the work programme, voting the budget and determining
the financial arrangements of the Organization.
The Assembly also elects the Council.
o Council
The Council is elected by the Assembly for two‐year terms beginning after each regular session of
the Assembly
The Council is the Executive Organ of IMO and is responsible, under the Assembly, for supervising
the work of the Organization.
Between sessions of the Assembly the Council performs all the functions of the Assembly, except
the function of making recommendations to Governments on maritime safety and pollution
prevention
coordinate the activities of the organs of the Organization;
consider the draft work programme and budget estimates of the Organization and submit them to
the Assembly;
appoint the Secretary‐General, subject to the approval of the Assembly;
o Committees:
Maritime Safety Committee
The MSC is the highest technical body of the Organization.
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
Maritime Environmental Protection Committee
The MEPC, which consists of all Member States, is empowered to consider any matter
within the scope of the Organization concerned with prevention and control of pollution
from ships.
In particular, it is concerned with the adoption and amendment of conventions and other
regulations and measures to ensure their enforcement.
Technical Committee
The Technical Cooperation Committee is required to consider any matter within the scope
of the Organization concerned with the implementation of technical cooperation projects
for which the Organization acts as the executing or cooperating agency and any other
matters related to the Organization’s activities in the technical cooperation field.
Legal Committee
The Legal Committee is empowered to deal with any legal matters within the scope of the
Organization.
Facilitation Committee
73
Rupesh Pillai
It consists of all the Member States of the Organization and deals with IMO’s work in
eliminating unnecessary formalities and “red tape” in international shipping by
implementing all aspects of the Convention on Facilitation of International Maritime Traffic
1965 and any matter within the scope of the Organization concerned with the facilitation of
international maritime traffic.
o Sub Committee
Human Element Training and Watch keeping (HTW)
Implementation of IMO Instruments (III);
Navigation, Communications and Search and Rescue (NCSR);
Pollution Prevention and Response (PPR);
Ship Design and Construction (SDC);
Ship Systems and Equipment (SSE); and
Carriage of Cargoes and Containers (CCC).
ADOPTION OF CONVENTION
o Normally the suggestion is first made in one of the committees, since these meet more frequently than the
main organs.
o If agreement is reached in the committee, the proposal goes to the Council and, as necessary, to the
Assembly.
o If the Assembly or the Council, as the case may be, gives the authorization to proceed with the work, the
committee concerned considers the matter in greater detail and ultimately draws up a draft instrument. In
some cases, the subject may be referred to a specialized sub‐committee for detailed consideration.
o Work in the committees and sub‐committees is undertaken by the representatives of Member States of the
Organization. The views and advice of intergovernmental and international non‐governmental organizations
which have a working relationship with IMO are also welcomed in these bodies. Many of these
organizations have direct experience in the various matters under consideration, and are therefore able to
assist the work of IMO in practical ways.
o The draft convention which is agreed upon is reported to the Council and Assembly with a recommendation
that a conference be convened to consider the draft for formal adoption.
o Invitations to attend such a conference are sent to all Member States of IMO and also to all States which are
members of the United Nations or any of its specialized agencies. These conferences are therefore truly
global conferences open to all Governments who would normally participate in a United Nations conference
o Before the conference opens, the draft convention is circulated to the invited Governments and
organizations for their comments. The draft convention, together with the comments thereon from
Governments and interested organizations is then closely examined by the conference and necessary
changes are made in order to produce a draft acceptable to all or the majority of the Governments present.
The convention thus agreed upon is then adopted by the conference and deposited with the Secretary‐
General who sends copies to Governments. The convention is opened for signature by States, usually for a
period of 12 months. Signatories may ratify or accept the convention while non‐signatories may accede.
o The drafting and adoption of a convention in IMO can take several years to complete although in some
cases, where a quick response is required to deal with an emergency situation, Governments have been
willing to accelerate this process considerably
ENTRY INTO FORCE
o Each convention includes appropriate provisions stipulating conditions which have to be met before it
enters into force. These conditions vary but, generally speaking, the more important and more complex the
document, the more stringent are the conditions for its entry into force.
o When the appropriate conditions have been fulfilled, the convention enters into force for the States which
have accepted ‐ generally after a period of grace intended to enable all the States to take the necessary
measures for implementation.
o Accepting a convention does not merely involve the deposit of a formal instrument. A Government’s
acceptance of a convention necessarily places on it the obligation to take the measures required by the
convention. Often national law has to be enacted or changed to enforce the provisions of the convention; in
some case, special facilities may have to be provided; an inspectorate may have to be appointed or trained
74
Rupesh Pillai
to carry out the functions under the convention; and adequate notice must be given to ship owners,
shipbuilders and other interested parties so they make take account of the provisions of the convention in
their future acts and plans.
RESOLUTION
o At IMO, Maritime resolutions are issued by the Assembly, The council and by each of the committee.
o Each committee brings resolutions to amend part of International convention that they are associated with.
Like Maritime safety committee handles conventions related to safety.
o the resolution MSC.374(93) refers to the MSC resolution number 374 which was adopted in the 93rd
session of the MSC.
o For a resolution to come into effect, there are 4 main steps
A contracting government need to propose a resolution.
IMO or its respective committee need to review the resolution proposal
Resolution need to be adopted in the IMO and finally
Resolution need to be accepted by the contracting governments
After a fixed time from acceptance, a resolution enters into force
o Adoption of a resolution
Resolutions are adopted by voting in Maritime safety committee or Maritime Environment
Protection Committee. There are 2 conditions for a resolution to be adopted
Atleast one‐third of the contracting governments should be present for voting. On this date,
there are 174 countries that are members to the IMO. So for a resolution to be adopted, at
least 58 countries should be present.
At least two‐third of the contracting governments present, should vote in favour of
resolution. So if 60 countries were present, at least 40 countries should vote in favour of the
resolution.
o Acceptance of the resolution
A resolution once adopted, it is passed to all contracting governments for acceptance.
The Secretary general communicates the adopted resolution to all contracting governments.
the amendment will be accepted by tacit acceptance or explicit acceptance. The acceptance of a
resolution to amend SOLAS convention is only done by tacit acceptance.
o Tacit Acceptance of a resolution
In simple terms “tacit acceptance” means “accepted unless objected”. It is opposite of earlier
process of “rejected unless accepted”.
Under tacit acceptance, a resolution is accepted on an agreed time interval from adoption unless it
is objected by a number of contracting governments.
The committee decides the agreed interval during adoption of resolution.
However, there is minimum interval that is set in respective conventions.
For example, as per Marpol convention, the minimum interval between adoption and acceptance
has to be 10 months. Same way, as per SOLAS the minimum interval should not be less than one
year. SOLAS convention has also specified maximum interval between adoption and acceptance as 2
year
At the end of the deadline, if a contracting government has not taken any action (accepting or
rejecting the proposed resolution), it is implied (tacit) that government has accepted the resolution.
ACCESSION AND RATIFICATION
o I am a country representative and I am presented few resolutions. I sign a proposed resolution. By signing I
am only agreeing to discuss it with at my home country in the parliament. I am not legally bound by that
signature. I go to my home country and discuss this in parliament and parliament accepts this to be included
in the local laws. I have ratified the convention. Once the required number of states ratifies the convention,
it comes in force. Once the convention is in force, another state (country) decides to be part of the
convention and they discuss it in their parliament and agrees to make it a domestic law in their country.
Since this convention is already ratified, the process will not be called ratification but it is called accession.
The only difference between ratification and accession is that ratification is the act involved in conventions
not yet ratified and accession is the act involved in the conventions already ratified.
75
Rupesh Pillai
HAGUE RULE, HAGUE‐VISBY RULE
DEFINITIONS:
o "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper
o "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar
document of title, in so far as such document relates to the carriage of goods by sea, including any bill of
lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at
which such bill of lading or similar document of title regulates the relations between a carrier and a holder
of the same
HAGUE RULE
o International Convention for the Unification of Certain Rules of Law relating to Bills of Lading
o The Hague Rules represented the first attempt by the international community to find a workable and
uniform means of dealing with the problem of shipowners regularly excluding themselves from all liability
for loss or damage to cargo.
o The objective of The Hague Rules has to establish a minimum mandatory liability of carriers which could be
derogated from
o Under The Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the
vessel was unseaworthy, improperly manned or unable to safely transport and preserve the cargo, i.e. the
carrier can avoid liability for risks resulting from human errors provided they exercise due diligence and
their vessel is properly manned and seaworthy.
o The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to
Make the ship seaworthy
Properly man, equip and supply the ship
Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are
carried, fit and safe for their reception, carriage and preservation.
o Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:
Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation
or in the management of the ship. Fire, unless caused by the actual fault or privity of the carrier.
Perils, dangers and accidents of the sea or other navigable waters. Act of God. Act of war. Act of
public enemies. Arrest or restraint or princes, rulers or people, or seizure under legal process.
HAGUE VISBY RULE:
o The Rules increase the maximum amount for limitation of liability of a carrier and introduce a new weight‐
based criterion
o The unit of account is the
o Special Drawing Rights (SDRs) of the International Monetary Fund (IMF).
o The Rules incorporate a container clause in recognition of the new cargo packaging techniques adopted
throughout the shipping industry. Container Bills of Lading are normally received for ‘shipment bills’ and not
‘ship on board bills’ and it could not be otherwise where the goods are received at a container freight
station inland
HAMBURG RULE:
o The Hamburg Rules constitute a new Convention on maritime transport agreed under the auspices of the
United Nations at a conference at Hamburg on 31st March 1978.
o Their official title is the United Nations Convention on the Carriage of Goods by Sea 1978.
o The Rules were devised with the intention that they should supersede the 1924 Hague Rules together with
the 1968 Visby amendment
o The rules apply to all outward shipments from the U.K. but to imports only if the carriage is from one of the
states has referred to above or the bill of lading was issued in one of those states or clause paramount in
the bill of lading expressly applies them.
o If no bill of lading is issued the carrier is not legally bound to apply them and can be subject to the
applicability of national law.
o These rules do not apply to charter parties (Article V)
o Hamburg Rules applies to all contracts for the carriage of goods by sea between two states (Article II).
76
Rupesh Pillai
o It can be seen that the application of rules does not depend on issue of bill of lading and it is likely to apply
for imports as well as exports. The Hamburg rules too are not applicable to charter parties
o Notice of loss or damage must be given in writing by the consignee or carrier no later than 1 working day
after the goods were delivered to consignee, or where the loss or damage is latent, within 15 consecutive
days after delivery to the consignee (Article 19).
o A failure to give such notice is prima facie evidence of delivery in accordance with the document of
transport, of if no such document has been issued in good condition.
o Compensation for loss resulting from delay in delivery may not be provided unless notice has been given in
writing to the carrier within 60 consecutive days after delivery to the consignee
o
77
Rupesh Pillai
REGISTRATION OF SHIP
Article 5(1) of the Geneva Convention on the High Seas of 1958, which came into effect in 1962, requires that "the
state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships
flying its flag." There are 63 states party to that Convention.
The principle was repeated in Article 91 of the United Nations Convention on the Law of the Sea of 1982 (UNCLOS),
which came into effect in 1994.[2] That Convention has 167 parties.
A ship entitled to fly the flag of a country needs to be registered in that country.
The object of registration is to ensure that persons who are entitled to the privilege and protection of the Indian flag
get them.
The registration affords evidence of title off the ship to those who deal with the property in question.
It also gives protection to the members of the crew in case of casualties involving injuries and/or loss of life to claim
compensation under the provisions of the Indian Acts in Indian courts
Part V of this MS Act deals with exclusively with the registration of Indian ships
Ships which qualify to be registered are required to be registered only at ports designated as ports of registry. At
present Mumbai, Calcutta, Madras, Cochin and Mormugao have been notified as ports of registry and principal
officers of Mumbai, Calcutta & Madras and Surveyor in charge of Cochin and Mormugao have been notified as
Registrar of Indian ships.
In their capacity as registrar of Indian ships, the principal officers are required to maintain a complete record of
Ships on register indicating status of the ship on a particular date
The Director General of Shipping, at the request of owners of Indian ships, desiring to be known at sea, allots signal
letter & controls the series that may be so issued.
The conferment of status of Indian ships is restricted to:
o Ships owned by a citizen of India
o Ships owned by a company or body established by or under any central or state Act which has its principle
place of business in India
o Ships owned by a co‐operative society which is registered or deemed to be registered under the Co‐
operative Society Act, 1912, or any other law relating to Co‐operative Societies for the time being in force in
any state.
QUALIFICATION REQUIRED FOR REGISTRATION AS INDIAN SHIPS:
o Sea going ships fitted with mechanical means of propulsion of 15 tons’ net and above howsoever employed
and those of less than 15 tons’ net employed otherwise than solely on the coasts of Indian qualify for
registration
o Not more than 10 individuals are entitled to be registered as an owner of a fractional part of a share in a
ship, but a maximum of 5 persons could be registered as joint owners of a ship or of any share and shares
therein.
FORMALITIES TO BE OBSERVED FOR REGISTRATION AS INDIAN SHIP:
o The owner of a ship wishing to have it registered at a port in India has to submit to the concerned Register
o A declaration of ownershipwhether he is a sole proprietor, joint owner or a company made before a
Registrar,
o A certificate signed by the builder (builder’s certificate) of the ship containing a true account of the proper
denomination and of the tonnage of the ship as estimated by him and the time, when and the place where
the ship was built, (for new ship).
o The instrument of sale under which the property of the ship was transferred to the applicant who requires it
to be registered in his name, (for second‐hand ships).
o On being satisfied that the ship, on the strength of the evidence placed before him, is entitled to be Indian
ship, the Registrar arranges for survey of the ship by a surveyor for the determination of her tonnage in
accordance with the Merchant Shipping (Tonnage Measurement) Rules, 1987 as amended from time to
time, for the purpose of issue of a Certificate of Survey
o After the formalities enumerated above have been gone through, the Registrar issues a carving and marking
note. This note is to be returned to the Registrar after carving and marking have been duly carried out on
the ship in the prescribed manner and certified by a Surveyor.
78
Rupesh Pillai
TYPES OF REGISTRY:
o Traditional Registry:Some nations only allow vessels that are owned by companies or persons that are
residents of that country. These registries are known as “traditional” or “national” registries.
o Open Registry:Other nations, on the other hand, allow companies and persons from many other countries
to register their vessels under that nation's flag. These are known as “open” registries. Ships registered
under open registries are sometimes said to fly under “flags of convenience.”
o Bareboat Registry:Bareboat charter registration, in essence, temporarily permits a vessel to fly the flag of
another country while ownership continues to be registered in the underlying registry.
o Offshore registries: Shipowners can register their ships under the national flag but are able to operate their
ships with a high degree of flexibility concerning production and employment conditions. The state retains
administrative control over the ship that operates under conditions similar to those preferred by the open
registries. It permitsan economic incentive, the hiring of foreign crews at wages lower than those payable to
domestic crews.
o Hybrid registries:To counter the trend of the reduction of the national fleet some European countries have
established international registries. International registries are second national registries allowing ships to
fly the flag of that state. They are easier to access and have fewer entry requirements than
most national registries. They tend to maintain a nationality link between beneficial owner or management
of the vessel and the flag State. In general, hybrid registries tend to offer financial incentives and
advantages similar to open registers.
DOCUMENTS TO ACCOMPANY APPLICATION FOR REGISTRY –
o Every application for the registry of a ship under section 26 of the Act shall be accompanied by the following
documents, namely: ‐
the declaration of ownership;
the builder’s certificate, that is to say, a certificate signed by the builder of the ship and containing a
true account of the proper denomination and of the tonnage of the ship as estimated by him and of
the time when and the place where she was built; and
if the ship has been purchased, the instrument of sale under which the property in the ship was
transferred to the applicant.
DECLARATION OF OWNERSHIP
o Every declaration of ownership shall be made before a registrar, a Justice of the Peace, a Commissioner of
Oaths, or an Indian Consular Officer and where a declaration of ownership is made at a place other than the
port of registry, the place of attestation shall be stated in the declaration.
OFFICIAL NUMBER
o The registrar, on receipt of an application for registry shall apply to the Director‐General for allotment of an
official number
CARVING AND MARKING NOTE
o Where in respect of a ship an official number has been allotted and the name approved by the Director
General and the certificate of survey granted by the surveyor, the registrar shall issue to the owners a
Carving and Marking Note which shall be returned to the registrar after the carving and marking have been
duly carried out and certified by a surveyor
MARKING OF SHIPS
o Every ship shall, before registry, be marked permanently and conspicuously to the satisfaction of the
registrar as follows –
her name shall be marked on each of her bows, and her name and the name of her intended port of
registry shall be marked on her stern, on a dark background in white or yellow letters or on a light
background in black letter which shall be not less than one decimetre or four inches in height and
1.3 centimetres or half an inch in breadth.
her official number and the number denoting her registered tonnage shall be cut in on her main
beam.
79
Rupesh Pillai
Her scale of draught marks shall be cut or welded in feet and inches and in metres and decimetres
in two columns side by side both forward and aft on the port and star board side respectively. The
relative position of the two rows of markings should be separated by a reasonable distance in order
to avoid errors in reading them.
In the case of modern type of ships having a raked soft stem and cruiser stern, the marks shall be
cut in or welded as close and aft of the stem as possible following the contour of the stem. The
marks aft or at the stern shall be cut a few feet forward of the after perpendicular in two columns
parallel to each other.
80
Rupesh Pillai
Port State Control
Port Stare Control is a system of harmonized inspection‐procedures designed to target substandard vessels with the
main objective being their eventual elimination
In March 1978 the grounding of the supertanker “Amoco Cadiz” off the coast of Brittany (France) resulted in a
massive oil spill, causing a strong political and public outcry in Europe, calling for more stringent regulations with
regard to the safety of shipping
Basic principle of PSC
o The prime responsibility for the compliance with the requirements laid down in the international maritime
conventions lies with the ship‐owner/operator; responsibility for ensuring such compliance remains with
the flag State;
o The member‐ countries agree to inspect a given percentage of their estimated number of individual foreign
merchant vessels entering their ports;
o As a general rule, ships will not be inspected within six months of a previous inspection in a MOU port,
unless there are “clear grounds” for inspection (see “Selection of ships for inspections”);
o All possible efforts are made to avoid unduly detaining or delaying a vessel;
o Inspections are generally unannounced.
“RELEVANT INSTRUMENTS”
o International Convention on Load Lines 1996, as amended, its 1998 protocol,(LOADLINES 66/88);
o International Convention for the Safety of Life at Sea (SOLAS) 1974, its Protocol of1978, as amended, and
the Protocol of 1998, (SOLAS 74/78/88);
o International Convention for the Prevention of Pollution from Ships, 1973, asmodified by the Protocol of
1978, as amended (MARPOL 73/78);
o International Convention on Standards of Training, Certification and Watch keepingfor Seafarers 1978, as
amended (STCW 78);
o Convention on the International Regulations for Preventing Collision at Sea 1972,as amended (COLREG 72);
o International Convention on Tonnage Measurement of Ships 1969 (TONNAGE1969);
o Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No.147).
o MLC
“Clear grounds” for a more detailed inspection are:
o Vessels whose statutory certificates on the vessel’s construction or equipment, issued in accordance with
the conventions, and the classification certificates have been issued by an organization which is not
recognized by the authority;
o Ships that have deficiencies to be rectified in the next port;
o Ships that have deficiencies to be rectified within 14 days;
o Ships flying the flag of a non‐Party to a relevant instrument;
o Ships that are in a category for which “expanded inspection” has been decided, i.e.: oil tankers older than
20 years, bulk carriers older than 12 years, gas and chemical carriers older than 10 years, and passenger
ships;
o During examination of the certificates and documents inaccuracies have been revealed or the documents
have not been properly kept updated;
o Indications that the crew members are unable to communicate with each other, or that the ship is unable to
communicate with shore‐ based authorities;
o Evidence of cargo and other operations not being conducted safely or in accordance with IMO guidelines;
o Failure of the master of an oil tanker to produce the record of the oil discharge monitoring and control
system for the last ballast voyage;
o Absence of an up to date muster list, or crew members not aware of their duties in the event of fire or an
order to abandon ship;
o The emissions of false alerts not followed by proper cancellation procedures;
o The absence of principal equipment or arrangements required by the conventions;
81
Rupesh Pillai
o Evidence from the PSCO’s general impression and observations that there are serious hull and structural
deteriorations or deficiencies that may jeopardize the structural, watertight or weather tight integrity of the
vessel;
o Excessively unsanitary conditions on board the vessel;
o Information or evidence that the master or crew is not familiar with essential shipboard operation relating
to the safety of the vessel or the prevention of pollution, or that such operations have not been carried out.
Action codes
o Each deficiency is commonly given in a codified form in the inspection report, called “action code”.
o The action codes most frequently used are:
10 deficiency rectified
15 to be rectified at the next port of call;
16 to be rectified within 14 days;
17 master instructed to rectify deficiency before departure;
30 grounds for detention;
40 next port of call informed;
50 flag State/ consul informed;
70 classification society informed
REGIONAL PSC AGREEMENTS
o In several regions around the world, coastal countries have signed an agreement, “Memorandum of
Understanding on Port State Control, often abridged “MOU on PSC”.
o At present there are the following Regional Agreement on PSC
Paris MOU for the European Region.
The Acuerdo de Viña del Mar (Latin America Agreement),
Tokyo MOU for the Asian Region signed in 1993,
Caribbean MOU for the Caribbean Region signed in 1996 in Barbados;
Mediterranean MOU for the Southern Mediterranean Region
Indian Ocean MOU signed in 1998 in Pretoria and comprising:
West and Central Africa MOU signed in Abuja (Nigeria).
Persian Gulf Region;
Black Sea Area,
In the United States PSC is carried out by US Coast Guard.
o Information exchange
Whether deficiencies are found or not, all details from each inspection report are entered in an
advanced central computer database
This database can be accessed by PSC authorities, for consulting inspection files, inserting new
inspection reports or using the electronic mail facility
A monthly list of detentions is published. This list contains, amongst others, the ship name, the
owner, the Classification society and the port and date of detention
SHIP RISK PROFILE
o According to the Ship Risk Profile vessels will be classified as Low Risk Ships (LRS) and High Risk Ships (HRS).
If a vessel is neither Low Risk nor High Risk it will be classified as a Standard Risk Ship (SRS).
o The Ship Risk Profile will be based on the following criteria, using details of inspections in the PMoU area in
the last 3 years:
type of ship
age of ship
performance of the flag of the ship (including undertaking Voluntary IMO Member State Audit
Scheme (VIMSAS)
performance of the recognised organisation(s)
performance of the company responsible for the ISM management
number of deficiencies
number of detentions
o HRS: between 5‐6 months after the last inspection in the PMoU region
82
Rupesh Pillai
oSRS: between 10‐12 months after the last inspection in the PMoU region
oLRS: between 24‐36 months after the last inspection in the PMoU region
o The banning criteria for the first and second ban will be amended as follows:
If the ship flies a black listed flag it will be banned after more than 2 detentions in the last 36
months
if the ship flies a grey listed flag it will be banned after 2 or more detentions in the last 24 months.
o Any subsequent detention after the second banning will lead to a ban, irrespective of the flag.
o Moreover, a time period until the banning can be lifted will be introduced as follows:
3 months after the first ban
12 months after the second ban
24 months after the third ban
permanent ban.
PORT STATE CONTROL‐ THE FUTURE
o The prospect of global port State control, with exchange of information and harmonization of procedures
and training, has even more exciting implications
o As more and more statistics and data are gathered and exchanged by the different PSC Secretariats, that will
result in a huge increase in knowledge about sub‐standard shipping.
o The development of PSC gives us the possibility to change that culture and replace secrecy with
transparency and openness.
o Although the efforts to improve flag State performance remain a top priority, effective regional agreements,
including harmonized inspection and detention procedures, internationally approved qualifications of
inspectors and transparency through increased information within regions and inter‐regionally, will play an
essential role for both flag and Port State responsibilities
CIC
o Concentrated inspection campaigns focus on specific areas where high levels of deficiencies have been
encountered by PSCOs, or where new convention requirements have recently entered into force.
o Paris MoU Jointly with the Tokyo MoU a CIC on Crew Familiarisation for Enclosed Space Entry is scheduled
from September to November, this year
o The Indian Ocean Memorandum of Understanding (IOMOU) will embark on a concentrated inspection
campaign (CIC) on Cargo Securing Arrangements. The three‐month campaign will start on September 1,
2016 and end on November 30, 2016.
83
Rupesh Pillai
SAFCON SURVEY
1. All certificates and documentation except SAFCON Certificates valid.
2. Whether any new equipment has been fitted and, if so, confirm that it has been approved before installation and
that any changes are reflected in the appropriate certificate
3. Ship‐specific emergency towing procedure
4. Stability information, including damage stability, where applicable, and the damage control plans are on board
5. Manoeuvring booklet is on board and that the manoeuvring information is displayed on the navigating bridge
6. Manoeuvring booklet is on board and that the manoeuvring information is displayed on the navigating bridge
7. Routine surveys of the boilers and other pressure vessels, have been carried out as required and that safety devices,
such as the boiler safety valves, have been tested;
8. A complete file of the enhanced survey reports and the Condition Evaluation Report are on board
9. Suitable Material Safety Data Sheets are available on board;
10. For bulk carriers, that the loading/unloading booklet required in SOLAS regulation VI/7.2 is on board
11. For oil tankers and bulk carriers when appropriate, that the Ship Structure Access Manual is on board
12. Structural alterations performed, if any, have been approved by the classification society and reported on the as‐
built drawings kept on board
13. confirming when appropriate that the maintenance of the protective coating is included in the overall ship’s
maintenance system
14. The hull and its closing appliances are satisfactions maintained
15. examining the anchoring and mooring equipment as far as can be seen.
16. examining the collision and the other watertight bulkheads
17. examining and testing (locally and remotely) all the watertight doors in watertight bulkheads
18. examining each bilge pump and confirming that the bilge pumping system for each watertight compartment is
satisfactory
19. confirming that the machinery, boilers and other pressure vessels, associated piping systems and fittings are
installed and protected so as to reduce to a minimum any danger to persons on board, due regard being given to
moving parts, hot surfaces and other hazards
20. confirming that the normal operation of the propulsion machinery can be sustained or restored even though one of
the essential auxiliaries becomes inoperative
21. carrying out a general examination of the machinery, the boilers, all steam, hydraulic, pneumatic and other systems
and their associated fittings to see whether they are being properly maintained and with particular attention to the
fire and explosion hazards
22. examining and testing the operation of main and auxiliary steering arrangements, including their associated
equipment and control systems
23. confirming that the means of communication between the navigation bridge and steering gear compartment and
the means of indicating the angular position of the rudder are operating satisfactorily
24. confirming that the various alarms required for hydraulic power‐operated, electric and electro‐hydraulic steering
gears are operating satisfactorily and that the recharging arrangements for hydraulic power‐operated steering gears
are being maintained
25. examining the means for the operation of the main and auxiliary machinery essential for the propulsion and the
safety of the ship, including, when applicable, the means of remotely controlling the propulsion machinery from the
navigating bridge (including the control, monitoring, reporting, alert and safety actions) and the arrangements to
operate the main and other machinery from a machinery control room
26. confirming the operation of the ventilation for the machinery spaces
27. confirming that the measures to prevent noise in machinery spaces are effective
28. confirming that the engineer's alarm is clearly audible in the engineers' accommodation
29. examining, in general, that the precautions provided against shock, fire and other hazards of electrical origin are
being maintained
30. confirming, as far as practicable, that no changes have been made in the structural fire protection, examining any
manual and automatic fire doors and proving their operation, testing the means of closing the main inlets and
84
Rupesh Pillai
outlets of all ventilation systems and testing the means of stopping power ventilation systems from outside the
space served
31. confirming that the means of escape from accommodation, machinery and other spaces are satisfactory
32. examining visually the condition of any expansion joints in seawater systems
33. confirming that no new materials containing asbestos were installed on board
34. confirming that ship's identification number is permanently marked
35. confirming that the coating system in dedicated SWB tanks in ships and double side skin spaces arranged in bulk
carriers of 150 m in length and upward when appropriate is maintained and that maintenance, repair and partial
recoating are recorded in the coating technical file
36. for ships over 5 years of age, an internal examination of representative spaces used for water ballast
37. for ships over 10 years of age, other than ships engaged in the carriage of dry cargoes only, an internal examination
of selected cargo spaces
38. for ships over 15 years of age, engaged in the carriage of dry cargoes only, an internal examination of selected cargo
spaces.
39. Examination of sea valves and their connections to the hull;
40. testing the insulation resistance of electrical circuits in dangerous zones such as cargo pump rooms and areas
adjacent to cargo tanks, but in cases where a proper record of testing is maintained, consideration should be given
to accepting recent readings
41. examining the cargo, crude oil washing, ballast and stripping systems both on deck and in the cargo pump rooms
and the bunker system on deck
42. confirming that the pump room ventilation system is operational, ducting intact, dampers are operational and
screens clean
43. examining the towing arrangement for tankers of not less than 20,000 tonnes deadweight
44. for bulk carriers, examining and testing the hold, ballast and dry space water level detectors and their audible and
visual alarms
45. confirming, for bulk carriers, that the loading instrument is on board and functioning
85
Rupesh Pillai
CONTINUOUS SYNOPSIS RECORD
Continuous synopsis record is a special measure under SOLAS for enhancing the maritime security at the sea.
According to SOLAS chapter I, all passenger andcargo ships of 500 gross‐tonnage and above must have a continuous
synopsis record on board.
The continuous synopsis record provides an onboard record of the history of the ship with respect to the
information recorded therein
Continuous synopsis record (CSR) is issued by the administration of the ship, which would fly its flag.
Following details should be present in the continuous synopsis record (CSR)
o Name of the ship
o The port at which the ship is registered
o Ship’s identification number
o Date on which ship was registered with the state
o Name of the state whose flag the ship is flying
o Name of registered owner and the registered address
o Name of registered bareboat charterers and their registered addresses
o Name of the classification society with which the ship is classed
o Name of the company, its registered address and the address from where safety management activities are
carried out
o Name of the administration or the contracting government or the recognized organization which has issued
the document of compliance, specified in the ISM code, to the company operating the ship.
o Name of the body which has carried out the audit to issue the document of compliance
o Name of the administration or the contracting government or the recognized organization which has issued
the safety management certificate (SMC) to the ship and the name of the body which has issued the
document
o Name of the administration or the contracting government or the recognized organization which has issued
the international ship security certificate, specified in the ISPS code, to the ship and the name of the body
which has carried out the verification on the basis of which the certificate was issued
o The date of expiry of the ship’s registration with the state
The continuous synopsis record shall always be kept on board ship and shall be available for inspection all the time.
86
Rupesh Pillai
ISPS CODE
The ISPS Code is implemented through chapter XI‐2 Special measures to enhance maritime security in the
International Convention for the Safety of Life at Sea (SOLAS).
The Code has two parts,
o one mandatory and
o one recommendatory.
HISTORY
o Following the tragic events of 11th September 2001, the twenty‐second session of the Assembly of the
International Maritime Organization (IMO), in November 2001, unanimously agreed to the development of
new measures relating to the security of ships and of port facilities for adoption by a Conference of
Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (known as the
Diplomatic Conference on Maritime Security) in December 2002. Subsequently the International Ship and
Port Facility Security (ISPS) Code is developed for the compliance of the contracting governments. The code
is to be globally implemented on 1 July 2004
o Development and implementation were sped up drastically in reaction to the September 11, 2001
attacks and the bombing of the French oil tanker Limburg.
OBJECTIVES OF THE ISPS CODE
o To establish an international framework involving co‐operation between Contracting Governments, local
administrations and the shipping and port industries to detect security threats and take preventive
measures against security incidents affecting ships or port facilities used in international trade;
o To establish the respective roles and responsibilities of the Contracting Governments, Government
agencies, local administrations and the shipping and port industries, at the national and international levels
for ensuring maritime security;
o To ensure the early and efficient collection and exchange of security‐related information
o To ensure the early and efficient collection and exchange of security‐related information
o To ensure confidence that adequate and proportionate maritime security measures are in place.
APPLICATION OF THE ISPS CODE
o The following types of ships engaged on international voyages:
Passenger ships, including high‐speed passenger craft
Cargo ships, including high‐speed craft, of 500 gross tonnage and upwards
Mobile offshore drilling units
o Port facilities serving such ships engaged on international voyages
NON OPERATIONAL SHIP SECURITY ALERT SYSTEM EQUIPMENT
o The Master/ Company Security Officer shall inform the 24 X 7 DG Commcentre that the ship security alert
system is non‐operational.
o If the vessel is in port, every effort shall be made to have the equipment repaired prior to sailing.
o In case it is not possible to have the equipment repaired, the Master/ Company Security Officer shall inform
the DG Commcentre to that effect stating the reasons for the same
o In case the equipment fails at sea, the Master/ Company Security Officer shall immediately inform the DG
Commcentre and thereafter e‐mail a position report to the DG Commcentre every 6 hrs. stating the vessel's
position, Course, Speed, name of next port of call with ETA. The security status of the vessel shall be
reported in these messages. These position reports shall be sent till the vessel arrives at the destined port.
o The Company Security Officer shall report to the DG Commcentre immediately if the vessel's position report
is overdue by more than 2 hours
o The ship security alert system shall be repaired at the next port of call and DG Commcentre shall be notified
accordingly.
o Upon completion of repairs, the same shall be tested with the DG Commcentre and compliance obtained
Requirement of SSA
o identification of existing security measures, procedures and operations;
o identification and evaluation of key ship board operations that it is important toprotect;
87
Rupesh Pillai
o identification of possible threats to the key ship board operations and thelikelihood of their occurrence, in
order to establish and prioritise securitymeasures; and
o identification of weaknesses, including human factors in the infrastructure,policies and procedures
SUA and ISPS CODE
o The main purpose of the convention is to ensure that appropriate action is taken against persons
committing unlawful acts against ships.
o The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to
enhance the security of ships and port facilities, developed in response to the perceived threats to ships and
port facilities
o SUA Convention is, however, expected to provide the legal basis for the arrest, detention and extradition of
terrorists in the event of a terrorist attack against shipping
o The 1985 hijacking of the passenger vessel AchilleLauro off the coast of Egypt led to the 1992 adoption of
international law in the form of the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation (SUA Convention).
o Recent terrorist attacks on maritime vessels, including the previously mentioned attacks on the USS Cole
and the tanker Limberg, demonstrated the SUA Convention’s inadequacy to proactively address the
maritime security threat posed by terrorism.
o To this end, in December 2002, the International Maritime Organisation (IMO) convened a Diplomatic
Conference addressing measures to strengthen maritime security and prevent and suppress acts of
terrorism against shipping.
o This conference resulted in the adoption of a number of amendments to the SOLAS Convention, including,
the addition of a new chapter detailing the new ISPS Code.
o Other SOLAS amendments included the requirement for ships to fit Automatic Identification Systems (AIS),
to carry a Continuous Synopsis Record (CSR), and to standardise ship identification markings
ISPS code weaknesses
o One major weakness of the Code is the inability of the IMO to enforce its Regulations—it can only monitor
compliance.
o Enforcement is the domain of Contracting Governments, most often as a part of Port State Control regimes.
o some Contracting Governments, particularly Flag of Convenience registries, have been identified as either
corrupt (and therefore vulnerable to exploitation by terrorist groups), or as lacking the resources or
expertise to enforce acceptable standards.
o The ISPS Code does not apply to many vessels that are either vulnerable to, or capable of, terrorist attack or
exploitation. These include fishing vessels, high speed container vessels built prior to July 2001, vessels not
engaged in international voyages (including inter‐island ferries similar to the ones attacked in recent years
in Southeast Asian waters), and cargo ships less than 500 ton. Part B of the ISPS Code advises Contracting
Governments to establish security measures for vessels not covered by Part A of the Code, however, this is
not mandatory, and is therefore unlikely to be heeded by some nations (particularly Flag of Convenience
registries).
o
88
Rupesh Pillai
DERATING OF ENGINE
A vessel’s engine and propeller are optimized and designed for a given operational and max. speed.
If the operational speed of the vessel is generally lower than the one originally optimized for, it may be beneficial to
consider derating of the main engine and propeller.
Derating as a retrofit product offers reduction of the total fuel consumption by improving the match between the
operational speed and optimization speed.
Derating is usually an attractive option for fuel oil savings if a reduction of 10‐15% of the max. speed at SMCR can be
accepted.
It is a techno‐commercial concept done at the time where shipping industry is in bad shape
Methods:
o Readjusting fuel timing
o Decreasing compression ratio
o Fuel nozzle size
o Turbocharger matching
o t/c, propeller and shaft matching
Fuel saving originates from
o Optimisation of the engine and propeller layout to the actual operational speed
o Utilisation of the latest engine tuning methods
o Utilisation of state‐of‐the‐art high efficiency propeller design.
Derating projects includes
o Specification of new operating/optimisation speed and max. speed of the vessel
o Engineering
o Design of new propeller
o Derating of the engine
o Rematching of turbocharger(s)
o On board NOx measurements (parent engine)
o New technical file
o Torsional vibration calculation report
o Shaft alignment calculation report.
RATE SHAPING
o A fuel injection rate shaping control system is provided which effectively controls the flow rate of fuel
injected into the combustion chamber of an engine to improve combustion and reduce emissions by
controlling the rate of pressure increase during injection.
o The injection rate shaping control system includes a rate shaping control device including a rate shaping
transfer passage having a predetermined length and diameter specifically designed to create a desired
injection pressure rate shape.
o
89
Rupesh Pillai
IACS MEMBER and CLASSIFICATION SOCIETY
A classification society is an independent, non‐government and non‐profitable international organization which
establish and maintains minimum standards for construction and operation of ship and offshore structures that do
business in the international waters.
IACS or International Association of Classification Societies is technically a maritime organization which was founded
on September 11, 1968 and which comprises of all the classification societies. There are total 12 members in IACS
and they are the largest maritime classification societies in the world.
o American Bureau of Shipping (ABS)
o Bureau Veritas (BV)
o China Classification Society (CCS)
o Croatian Register of Shipping (CRS)
o Det Norske Veritas Germanischer Lloyd (DNV GL)
o Indian Register of Shipping (IRS)
o Korean Register of Shipping (KR)
o Lloyd's Register (LR)
o Nippon KaijiKyokai (NK/ClassNK)
o Polish Register of Shipping (PRS)
o RegistroItalianoNavale (RINA)
o Russian Maritime Register of Shipping (RS)
How to Become Member of IACS?
o minimum requirements to become a full member of IACS are:
Minimum 30 years of experience.
More then 1500 sea going vessels registered.
All vessels must be over 100 GT with total 8 million GT.
Should have 150 exclusive surveyors and 100 technical staff.
o To become an associate member of IACS it requires the following:
Minimum 15 years of experience.
More then 750 sea going vessel.
Total Gross Tonnage must be minimum 2 million.
Should have 75 surveyors and 50 technical staff.
Scope of classification
o A technical review of the design plans and related documents for a new vessel to verify compliance with the
applicable rules;
o Attendance at the construction of the vessel in the shipyard by a classification society surveyor(s), and at
the relevant production facilities that provide key components such as the steel, engine, generators and
castings, to verify that the vessel is constructed in accordance with the classification rules;
o Upon satisfactory completion of the above, the shipowner’s request for the issuance of a class certificate
will be considered by the relevant classification society and, if deemed satisfactory, the assignment of class
will be approved and a certificate of classification issued;
o Once in service, the owner must submit the vessel to a clearly specified program of periodical class surveys,
carried out onboard the vessel, to verify that the ship continues to meet the relevant rule conditions for
continuation of class
Classification notations
o Classification notations are indicative of the specific rule requirements which have been met.
o main class symbol
The main class symbol expresses the degree of compliance of the ship with specific rule
requirements regarding its construction.
o Construction mark
The construction mark, when assigned, identifies the procedure under which the ship and its main
equipment or arrangements have been surveyed for initial assignment of the class
o Service notations
90
Rupesh Pillai
The service notations, when assigned, define the type and/or service of the ship which has been
considered for its classification.
o Navigation and operating area notations
limiting areas for navigation (e.g. high seas, coastal waters, and sheltered waters), and/or limiting
environmental conditions for certain types of ships and marine structures.
the service area where the ship (e.g. dredgers, crane pontoons, port tugs) can operate as regards its
assigned class
o Additional class notations
When assigned, an additional class notation gives details of additional equipment or specific
arrangements, which have been specially requested by the owner
Periodical surveys, periodicity and scope
o Class renewal survey / special survey
Class renewal surveys/special surveys are carried out at five‐year intervals +3months
The special survey may be commenced at the 4th annual survey and be progressed with a view to
completion by the 5th anniversary date
include extensive examinations to check that the structures, main and essential auxiliary machinery,
systems and equipment of the ship remain in a condition which satisfies the rules.
The examinations of the hull are generally supplemented by thickness measurements and
witnessing of tests as specified in the rules and as deemed necessary by the attending surveyor to
assess that the structural integrity remains effective and to help discovering substantial corrosion,
significant deformation, fractures, damages or other structural deterioration
o Annual survey
Annual surveys are to be carried out within a window from three months before to three months
after each anniversary date.
includes an inspection of the hull, equipment and machinery of the ship and some witnessing of
tests thereof, so far as is necessary and practical in order to check that the ship remains in a general
condition which satisfies the rule requirements
o Intermediate survey
An intermediate survey is to be carried out within the window from three months before the
second to three months after the third anniversary date.
The intermediate survey includes examinations and checks as specified in the rules on the structure
to show that the ship is in a satisfactory condition.
According to the type and age of the ship the examinations of the hull are supplemented by
thickness measurements as specified in the rules and where deemed necessary by the attending
surveyor
o Bottom / Docking survey
A bottom/docking survey is the examination of the outside of the ship's hull and related items
The outside of the ship's hull and related items are to be examined on two occasions in the five‐year
period of the certificate of class with a maximum of 36 months between surveys.
The outside of the ship's hull and related items are to be examined on two occasions in the five‐year
period of the certificate of class with a maximum of 36 months between surveys.
For ships subject to the Enhanced Survey Programme (ESP) and 15 years of age and above, the
intermediate bottom/docking survey is to be carried out in a dry‐dock.
o Tailshaft survey
Tailshaft complete survey
“Complete” means that the shaft is drawn up for examination or that other equivalent
means of examination are provided.
Tailshaft modified survey
A modified survey of the tailshaft is an examination which may be accepted at alternate five
yearly surveys for tailshafts provided that the shaft arrangement is in accordance with
specific requirements.
Partial survey
91
Rupesh Pillai
A partial survey allows a postponement of the complete survey, having a periodicity of 5
years, for 2.5 years
o Boiler surveys
Boilers and thermal oil heaters are to be surveyed twice in every five‐year period. The periodicity of
the boiler survey is normally 2.5 years. Steam boilers, superheaters and economisers are examined
internally and externally.Upon completion of the internal survey, the boiler is examined under
steam and fuel oil burners and safety devices checked under working conditions. The setting
pressures of safety valves are to be checked. For auxiliary exhaust gas boilers, if steam cannot be
raised in port, the Chief Engineer is to set the safety valves at sea and record the setting pressures in
the log‐book.
o Non‐periodical surveys
to update classification documents (e.g. change of owner, name of the ship, change of flag);
to deal with damage or suspected damage, repair or renewal work, alterations or conversion,
postponement of surveys or recommendations/conditions of class;
At the time of port State control inspections
Suspension of class
o when a ship is not operated in compliance with the rule requirements
o when a ship proceeds to sea with less freeboard than that assigned
o when the owner fails to request a survey after having detected defects or damages affecting the class,
o when repairs, alterations or conversions affecting the class are carried out without requesting the
attendance of a surveyor.
Class Is Automatically Suspended
o when the class renewal/special survey has not been completed by its due date or within the time granted in
special circumstances for the completion of the survey, unless the ship is under attendance by the society’s
surveyor(s) with a view to completion prior to resuming trading;
o when the annual or intermediate surveys have not been completed by the end of the corresponding survey
time windows.
Withdrawal of class
o requested by the owner,
o the class has been suspended for more than six months,
o the ship is reported as a constructive total loss and the owner does not give his intentions to repair the ship
for re‐instatement of class,
o the ship is reported lost
o the ship will not trade further as declared by its owner
Definition:
o Period of certificate of class
The period of the certificate of class starts either from the date of initial classification, or from the
credited date of the last class renewal/special survey, and expires at the due date assigned for the
next class renewal/special survey
o Anniversary date
The anniversary date is the day and the month given in the certificate of class which corresponds to
the expiry date of the certificate
o Survey time window
The survey time window is the fixed period during which the annual and intermediate surveys are to
be carried out.
o Recommendations/Conditions of Class
are those requirements imposed by the society which will affect the class if not complied with by
the assigned due date
o Memoranda
Other information of assistance to the surveyor and owners may be recorded as ‘memoranda’ or a
similar term. They may, for example, include notes concerning materials, barred engine speed
ranges and other constructional information
92
Rupesh Pillai
oDual Class
A dual class vessel is one which is classed by two Societiesbetween which there is a written
agreement regarding sharing of work,reciprocal recognition of surveys carried out by each of the
Societies onbehalf of the other Society and full exchange of information on the classstatus and
survey reports
o Double Class
A double classed vessel is one which is classed by two Societies and where each Society works as if it
is the only Society classing the ship, and does all surveys in accordance with its own requirements
and schedule
CRITERIA FOR CLASS TO BECOME RECOGNIZED ORGANISATION: ‐
o R. O. must have established rules for design, construction and maintenance of a ship.
o Classification society organization structure must include a representative from flag state nation placed at
higher level in organizational hierarchy.
o R. O. should have adequate resources financial / personal.
o Society must have internal audit equivalent to ISO 9001‐2000
o Society must present itself to external audits by auditing body approved by flag state govt.
o The classification societies fulfilling above criteria’s will be given status of recognized organization by flag
state to do duties on their behalf.
LIMITATIONS OF R.O
o Limited power in enforcing corrective action & detain ship if not comply
o At the most can withdraw Statutory certificates & declare them invalid
o Before issuing Statutory related COC, flag state to be consulted.
o None / Restricted‐ R.Os are permitted to involve in ISPS related Certification
PROCEDURE FOR RECTIFYING CLASS AFFECTING DEFECTS
o inform class about defect (@Sea)
o provide details of temporary measures taken with proof
o get COC to reach port
o arrange for surveyor inspection @ Port
o Get COC as per class suggestion
o Approved Items with necessary certificates
o Approved method & workshop with necessary certificates
o Rectify defect within specified time
o Get necessary endorsements from Class
o Removed COC
93
Rupesh Pillai
LLOYD’S OPEN FORM AND SCOPIC CLAUSE
LOF provides a regime for determining the amount of remuneration to be awarded to salvors for their services in
saving property at sea and minimising or preventing damage to the environment.
first official convention to talk about salvage at sea and was based upon the “NO CURE, NO PAY” principle.
The major problem with the Brussels convention was that salvors would not touch a high risk property as because of
being high risk, their chances of getting monetary benefits as well as to recover their expenses were minimal.
it became a necessity to encourage salvor to take up the high risk salvage contract where potential oil pollution and
marine environment was involved and for this reason a special compensation under article 14 was introduced in
salvage convention
o As per Article 14 “if the salvor by his salvage operations has prevented or minimised damage to the
environment, salvor is entitled for a special compensation equivalent to his expenses which can be increased
up to 30% to 100% of the expenses under certain circumstances. These expenses were to be born by ship
owners and this was the first time when P&I clubs were also involved in salvage operation as they had to pay
these expenses on owners behalf.”
Both Salvor and the ship owners had few concerns with Article 14.
o Shipowners and P&I clubs were concerned that Salvor could unnecessarily prolong the salvage operation to
claim more expenses under special compensation.
o Also the the Hull underwriters might delay the decision to declare the vessel as “Total Constructive loss” as
they would have nothing to lose by delaying their decision.
o Salvor’s concerns mainly were to the applicability of article 14 as this was only applicable in coastal and
inland waters and it only applied if there was a threat to the environment which they had to prove
was finally decided to incorporate SCOPIC clause in the Lloyds open form (LOF) with no changes in the salvage
convention. LOF is the contract form between the salvor and owner of the ship.
Salvage mean “rescue a wrecked or disabled ship or its cargo from loss at sea”. The party rescuing is called “Salvor”
and the wrecked or disabled ship is called “Property being salvaged”. Simply put, as per salvage convention Salvor
does a work to salvage the property and he gets a reward / Compensation for his efforts to save the property.
The introduction and historical developments in salvage convention apart from listing the duties of various parties,
has been based upon the question of when and how much monetary benefits the salvor should get for his efforts.
was based upon the “NO CURE, NO PAY” principle.
The major problem with the Brussels convention was that salvors would not touch a high risk property as because of
being high risk, their chances of getting monetary benefits as well as to recover their expenses were minimal.
In the late 80s, with few of the infamous oil pollution incidents, it became a necessity to encourage salvor to take up
the high risk salvage contract where potential oil pollution and marine environment was involved and for this
reason a special compensation under article 14 was introduced in salvage convention which was also the main
distinguishing thing from Brussel’s convention.
As per Article 14 “if the salvor by his salvage operations has prevented or minimised damage to the environment,
salvor is entitled for a special compensation equivalent to his expenses which can be increased up to 30% to 100%
of the expenses under certain circumstances. These expenses were to be born by ship owners and this was the first
time when P&I clubs were also involved in salvage operation as they had to pay these expenses on owners behalf.”
Both Salvor and the ship owners had few concerns with Article 14. Shipowners and P&I clubs were concerned that
Salvor could unnecessarily prolong the salvage operation to claim more expenses under special compensation. Also
the the Hull underwriters might delay the decision to declare the vessel as “Total Constructive loss” as they would
have nothing to loose by delaying their decision.
94
Rupesh Pillai
Salvor’s concerns mainly were to the applicability of article 14 as this was only applicable in coastal and inland
waters and it only applied if there was a threat to the environment which they had to prove.
That is when SCOPIC clause came into play.
There were number of discussions to solve the limitations of article 14 and various solutions were discussed
including a revision of existing salvage convention but it was finally decided to incorporate SCOPIC clause in the
Lloyds open form (LOF) with no changes in the salvage convention. LOF is the contract form between the salvor and
owner of the ship.
SCOPIC clause once invoked substitutes article 14. SCOPIC clause solved two concerns for salvors.
o One, SCOPIC once invoked was applicable in all geographical locations and was not limited to coastal and
inland sea.
o Also SCOPIC was applicable even if there was no threat to the environment and
o second, SCOPIC clause required security of USD 2 millions which made the salvor sure of the payments
o if SCOPIC clause is invoked and the salvor was able to save property and hence was eligible for award as per
article 13, his reward would be reduced by 25%. So if the salvor is very much certain for success of salvage,
he would not invoke SCOPIC clause.
Article 13 ‐ Criteria for fixing the reward
o The reward shall be fixed with a view to encouraging salvage operations, taking into account the following
criteria:
the salved value of the vessel and other property;
the skill and efforts of the salvors in preventing or minimising damage to the environment;
the measure of success obtained by the salvor;
the nature and degree of the danger;
the skill and efforts of the salvors in salving the vessel, other property and life;
the time used and expenses and losses incurred by the salvors;
the risk of liability and other risks run by the salvors or their equipment;
the promptness of the services rendered;
the availability and use of vessels or other equipment intended for salvage operations;
the state of readiness and efficiency of the salvor's equipment and the value thereof.
o Payment of a reward fixed according to above criteria shall be made by all of the vessel and other property
interests in proportion to their respective salved values. However, a State Party may in its national law
provide that the payment of a reward has to be made by one of these interests, subject to a right of
recourse of this interest against the other interests for their respective shares
o The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not
exceed the salved value of the vessel and other property."
"Article 14 ‐ Special compensation (safety net)
o If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened
damage to the environment and has failed to earn a reward under article 13, he shall be entitled to special
compensation from the owner of that vessel equivalent to his expenses as herein defined.
o If the salvor by his salvage operations has prevented or minimised damage to the environment, the special
compensation payable by the owner to the salvor under paragraph I may be increased up to a maximum of
30% of the expenses incurred by the salvor. However, in special cases it may increase such special
compensation further, but in no event shall the total increase be more than 100% of the expenses incurred
by the salvor.
o salvors ('Contractors') could receive Special Compensation (ie their expenses and a fair rate for tugs and
equipment used in salvage operations) in certain circumstances where the salved fund was insufficient to
allow them to recover adequate remuneration under Article 13
o If the salvor has been negligent and has thereby failed to prevent or minimise damage to the environment,
he may be deprived of the whole or part of any special compensation due under this article.
o Salvage claims which have arisen in circumstances where there is no threat to the environment are settled
in accordance with the criteria set out under Art.13.
95
Rupesh Pillai
Only the owner of the ship is liable to pay special compensation. Cargo interests are not liable for special
compensation but will contribute to the overall payment to the salvors in the event of an award under Art.13.
P&I Clubs extended their cover to provide for reimbursement of a shipowners' liabilities under Art.14.
SPECIAL COMPENSATION P&I CALUSE (SCOPIC) 2000
o A number of problems became apparent with the operation of Articles 13 and 14, some of which concerned
shipowners and the clubs, and others concerned salvors.
o The clubs were worried that the safety net gave the salvors an incentive to prolong the operation as long as
possible and allowed the property underwriters to delay the decision as to whether the ship would be
accepted as a CTL, with little that the club or shipowner could do to influence the situation.
o Salvors in turn were concerned that Article 14 only applied if there was a threat to the environment, which
had to be proved, and that Article 14 was not relevant outside "coastal or inland waters or areas adjacent
thereto", a geographical restriction.
o All these issues lead to arbitration under Article 14 being long and expensive, costs generally being for the
account of the shipowners and the clubs.
o SCOPIC Clause was developed as an alternative to Article 14 for dealing with special compensation.
The salient features are:
o Salvor has option to invoke SCOPIC at time of his choosing. Assessment of SCOPIC compensation starts from
this time. (Under Art 14, Special Compensation starts from the commencement of salvage operations).
o No need to prove environmental threat and no geographical restriction;
o Owner must provide security of $ 3 million within two working days failing which salvor may withdraw from
the provisions of the SCOPIC clause and revert to his rights under article 14.
o Rates are based on time and materials plus an uplift of 25% in all cases (uplift was fixed at 25 %).
o Salvage services will continue to be assessed in accordance with Article 13, even if the contractor invokes
the SCOPIC Clause.
o SCOPIC remuneration will be payable only to the extent that it exceeds the total Article 13 award.
o If the contractor invokes the SCOPIC Clause and the Article 13 award is greater than the SCOPIC
remuneration, then the Article 13 award will be discounted by 25% of the difference between it and the
amount of the SCOPIC remuneration that would have been assessed had the SCOPIC provisions been
invoked on the first day of the services .
o If there is no potential Article 13 award then the undisputed amount of SCOPIC remuneration is to be paid
by the shipowner within one month of the presentation of the claim.
o If there is a claim for an Article 13 award then 75% of the amount by which the assessed SCOPIC
remuneration exceeds the total Article 13 security should be paid by the shipowner within one month .
o Owner and Salvor both have option to terminate SCOPIC under certain agreed circumstances;
o Owner has right to send on‐board Casualty Representative (SCR);
o Underwriters have right to send Special Hull and Special Cargo Representatives;
o Salvage Master to send daily reports to Lloyds and the owner until SCR arrives and thereafter to SCR;
o A non‐binding Code of Practice has been agreed between the ISU and the International Group of Clubs.
ADVANTAGES DISADVANTAGES
o For the owner / clubs:
No need for arbitration on Special Compensation;
Control over and knowledge over what happens during salvage;
Clearer right to terminate;
Uplift capped at 25%.
o For the Salvors:
Not necessary to prove threat to environment;
Assured profit bearing rates for tugs etc.
Cash flow problems resolved;
Assurance of Security.
o Salvor may get more for tugs and equipments than under Nagasaki Spirit but this may depend upon
utilization factors;
96
Rupesh Pillai
o Loss of defence of non‐existence of threat to environment and geographical restrictions;
o Unable to recover in excess of 25%;
o Risk of owner terminating.
LOF 2000
o Lloyd’s Form of Salvage Agreement or “LOF” was first introduced in 1892.
o LOF 2000 comprises a single sheet of paper incorporating essential information as given below
Name of the salvage Contractors: (referred to in this agreement as “the Contractors”) 2. Property
to be salved.
The vessel:her cargo freight bunkers stores and any other propertythereon but excluding the
personal effectsor baggage of passengers master or crew(referred to in this agreement as “the
property”)
Agreed place of safety:
Agreed currency of any arbitral award and security(if other than United States dollars)
Date of this agreement:
Place of agreement:
Is the Scopic Clause incorporated into this agreement? State alternative : Yes/No
Person signing for and on behalf of the Contractors Signature:
Captainor other person signing for and on behalf of thepropertySignature:
o Contractors’ basic obligation: The Contractors agree to use their best endeavours to salve the property and
to take the property to a place of safety.
o Environmental protection: While performing the salvage services the Contractors shall also use their best
endeavours to prevent or minimise damage to the environment.
Duties of property owners: Each of the owners of the property shall cooperate fully with the Contractors. In
particular:
o the Contractors may make reasonable use of the vessel's machinery gear and equipment free of expense
provided that the Contractors shall not unnecessarily damage abandon or sacrifice any property on board;
o the Contractors shall be entitled to all such information as they may reasonably require relating to the
vessel or the remainder of the property provided such information is relevant to the performance of the
services and is capable of being provided without undue difficulty or delay;
o the owners of the property shall co‐operate fully with the Contractors in obtaining entry to the place of
safety
o Rights of termination: When there is no longer any reasonable prospect of a useful result leading to a
salvage reward either the owners of the vessel or the Contractors shall be entitled to terminate the services
hereunder by giving reasonable prior written notice to the other.
Deemed performance: The Contractors' services shall be deemed to have been performed when the property is in a
safe condition in the place of safety
For the purpose of this provision the property shall be regarded as being in safe condition notwithstanding that the
property (or part thereof) is damaged or in need of maintenance if (i) the Contractors are not obliged to remain in
attendance to satisfy the requirements of any port or habour authority, governmental agency or similar authority
and (ii) the continuation of skilled salvage services from the Contractors or other salvors is no longer necessary to
avoid the property becoming lost or significantly further damaged or delayed.
Arbitration and the LSSA Clauses: The Contractors' remuneration and/or special compensation shall be determined
by arbitration in London in the manner prescribed by Lloyd's Standard Salvage and Arbitration Clauses (“the LSSA
Clauses”) and Lloyd’s Procedural Rules.
Salvage security: As soon as possible the owners of the vessel should notify the owners of other property on board
that this agreement has been made. If the Contractors are successful, the owners of such property should note that
it will become necessary to provide the Contractors with salvage security promptly.
97
Rupesh Pillai
MARPOL ANNEX VI CHAPTER 4
New ship" means a ship:
o for which the building contract is placed on or after 1 January 2013;
o Or
o in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction
on or after 1 July 2013; or
o the delivery of which is on or after 1 July 2015.
The International Energy Efficiency Certificate shall be valid throughout the life of the ship
Regulation 19
o Application
shall apply to all ships of 400 gross tonnage and above
ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State
the flag of which the ship is entitled to fly
Regulation 20 and regulation 21 shall not apply to ships which have diesel‐electric propulsion,
turbine propulsion or hybrid propulsion systems
the Administration may waive the requirement for a ship of 400 gross tonnages and above from
complying with regulation 20 and regulation 21; but waiver clause is only upto
for which the building contract is placed on or after 1 January 2017; or
in the absence of a building contract, the keel of which is laid or which is at a similar stage of
construction on or after 1 July 2017; or
the delivery of which is on or after 1 July 2019
Regulation 20: Attained Energy Efficiency Design Index (Attained EEDI)
o Attained EEDI shall be calculated for new ships and ship has undergone a major conversion
o EEDI = (CO2 from propulsion system+CO2 from auxiliary -CO2 emission reduction)/ (DWT x Speed)
o EEDI = (PME x (CF x SFCME)) + (PAE x (CF x SFCAE)) ‐ CO2 emission reduction
o
oAny innovative power (electric) generation devices on board such as electricity from waste heat recovery or
solar power. These are represented by the third term in the nominator
o Innovative technologies that provide mechanical power for ship propulsion such as wind power (sails, kites,
etc.). This is the last term in the nominator
Regulation 21: Required EEDI
o Required EEDI = (1‐X/100) × Reference line value
X is the reduction factor
Phase 0 1‐Jan‐2013 to 31‐Dec‐2014 0%
Phase 1 1‐Jan‐2015 to 31‐Dec‐2019 10%
Phase 2 1‐Jan‐2019 to 31‐Dec‐2024 20%
Phase 3 1‐Jan‐2025 onwards 30%
Reference Line = a ×b ‐c
a and c constants depending on ship types
b dwt of ship
Regulation 22: SEEMP
o Each ship shall keep on board a ship specific Ship Energy Efficiency Management Plan (SEEMP).
98
Rupesh Pillai
EEDI, EEOI, SEEMP
EEOI:
o Management tool to monitor the CO2 emission performance of ships, or fleets, with regards to CO2
emissions
o Directly relates the ratio of mass of CO2 emitted per unit transport work
EEOI = Mass of CO2 / (transport work)
o Objective – to provide an indicator for the energy efficiency of a ship in operation
o In order to establish the EEOI, the following main steps are described as being needed.
define the period for which the EEOI is calculated*;
define data sources for data collection;
collect data;
convert data to appropriate format;
calculate EEOI
EEDI
o The purpose of the EEDI is to establish the minimum efficiency of new ships depending on ship type and
size, provide a fair basis for comparison and to stipulate the development of more efficient ships in general.
o ”Attained Index” for specific ships to be calculated per ship on design data, and to be less than ”Required
Index”.
o Attained and Required EEDI shall be recorded on the International Energy Efficiency Certificate (IEE
Certificate) of the ship
o Ship Design
Hull Form Optimization
Longer ship reduces wave‐making resistance
Reduction of wetted surface area reduces frictional resistance for slow ship vessels
Bow and aft optimization for the operational speed
Minimizing resistance of hull openings
Use of lightweight material can reduce the ship weight
Propeller Design
Application of appendages to the propulsion system at the stern of a vessel improves the
water flow and reduces the total resistance of ship
o Kort nozzle
o Mewis Duct
o Wake equalizing duct
o Pre‐swirl stator
o Propeller boss cap fins
Selection of propeller depends on hull resistance and design speed
Modification of number of blades and diameter of propeller affects the final selection of the
main propulsion system.
various optimization techniques and new technologies can improve the efficiency of the
ship
o Counter floating propellers (CRPs)
o Propeller‐hull interaction
o Propeller‐rudder combination
o Advanced propeller blade sections
o Propeller tip winglets
o
Innovative Technology
Air cavity system provides a thin layer of air over the flat bottom of hull, decreasing hull
friction.
Use of micro‐bubbles air lubrication (disadvantages on stability and bubble formation)
Hull surface texturing pattern
99
Rupesh Pillai
Different type of wind propulsion technologies may be used to reduce GHG emissions
o Towing kites
o Flettner rotor sails, windmills
Use of photovoltaic power generation system (Solar)
Heat recovery system
Propulsion Machinery
Electronic Engines
MEG Engines
ME‐GI Engines
Improved Turbochargers
o Hybrid
o VTG
o ETA
o EEDI verification is carried out by flag Administration (and most likely on their behalf by the by the ROs),
using corresponding data and documents and observing the ship’s model tank tests and ship’s
commissioning sea trials.
o Accordingly, the EEDI verification takes place in two stages
Pre‐verification
Pre‐verification is done at the ship’s design stage whereas final verification is carried out
after construction and as part of the ship’s commissioning sea trials; at the end of ship
construction. Relevant ship design data, tank test data and speed trial data will be subject to
scrutiny and verification by ROs.
Final Verification
Sea trails and verification of ship’s speed‐power curve is an essential element of the final
verification. As part of the final verification, all relevant aspects of EEDI calculation will be
re‐visited and verified. Aspects that need to be considered for sea trail are elaborated
further here using the relevant IMO guidelines
SEEMP
o Purpose is to establish a mechanism for a company and/or a ship to improve the energy efficiency of a
ship’s operation that is preferably linked to a broader corporate energy management policy
o Four step process suggested:
Planning
a set of Energy Efficiency Measures (EEMs) are identified and documented as part of the
planning phase.
The SEEMP planning activities do not stop at identification of EEMs but includes dealing
with all aspects of planning for implementation, monitoring and self‐assessment of the
identified EEMs
Implementation
A system for implementation of the selected EEMs needs to be defined via developing the
procedures, tasks and assigning roles and responsibilities. The SEEMP should describe how
each measure should be implemented and who the responsible person(s) is.
According to IMO guidelines, the planned EEMs should be carried out in accordance with
the predetermined implementation system. Record‐keeping for the implementation of each
EEM is beneficial for self‐evaluation and should be encouraged.
Monitoring
To allow for meaningful and consistent monitoring, the monitoring system, including the
procedures for collecting data and the assignment of responsible personnel, should be
developed. The development of such a system can be considered as a part of planning, and
therefore should be completed at the planning stage
Evaluation
100
Rupesh Pillai
To allow for meaningful and consistent monitoring, the monitoring system, including the
procedures for collecting data and the assignment of responsible personnel, should be
developed. The development of such a system can be considered as a part of planning, and
therefore should be completed at the planning stage
o Ship operational aspects
Route planning
Passage speed management
Weather routing
Cargo operations
Ship trim
Electric power management
Use of autopilot
Thruster operation
EEOI
o EEOI is one element of the IMO regulatory framework that is intended to act as an “energy efficiency
performance indicator” during the operational phase of the ship and be used to monitor overall ship energy
efficiency performance.
o The EEOI is expected to assist ship‐owners and ship operators in the evaluation of the operational
performance of their fleet
o To help with consistent estimation of EEOI, the following definitions are provided in the EEOI guidelines:
Fuel consumption: Fuel consumption is defined as all fuels consumed at sea and in port or for a
voyage or period in question (e.g., a day), by main, auxiliary engines, boilers and incinerators
Distance sailed: Distance sailed means the actual distance sailed in nautical miles (deck log‐book
data) for the voyage or period in question.
o The EEOI should be a representative value of the energy efficiency of the ship operation over a consistent
period which represents the overall trading pattern of the vessel. In order to establish the EEOI, the
following main steps will generally be needed:
Define the period for which the EEOI is calculated
Define data sources for data collection
Collect data
Convert data to appropriate format; and finally
Calculate EEOI.
101
Rupesh Pillai
STRATEGY AND TACTICS
Strategic Management is all about identification and description of the strategies that managers can carry so as to
achieve better performance and a competitive advantage for their organization
Strategic management can also be defined as a bundle of decisions and acts which a manager undertakes and which
decides the result of the firm’s performance
They should conduct a SWOT Analysis (Strengths, Weaknesses, Opportunities, and Threats), i.e., they should make
best possible utilization of strengths, minimize the organizational weaknesses, make use of arising opportunities
from the business environment and shouldn’t ignore the threats.
Strategy :
o A method or plan chosen to bring about a desired future, such as achievement of a goal or solution to a
problem.
o To identify clear broader goals that advance the overall organization and organize resources
Tactics:
o an action or method that is planned and used to achieve a particular goal
o To utilize specific resources to achieve sub‐goals that support the defined mission.
Example
o Strategy: Be the market share leader in terms of sales in the mid‐market in our industry. Tactics: Offer lower
cost solutions than enterprise competitors without sacrificing white‐glove service for first 3 years of
customer contracts.
o Strategy: Improve retention of top 10% of company performers. Tactics: Offer best in market compensation
plan with benefits as well as sabbaticals to tenured top performers, source ideas from top talent
102
Rupesh Pillai
RISK ASSESSMENT
FAILURE MODES AND EFFECTS ANALYSIS (FMEA)
o is a step‐by‐step approach for identifying all possible failures in a design, a manufacturing or assembly
process, or a product or service.
o “Failure modes” means the ways, or modes, in which something might fail. Failures are any errors or
defects, especially ones that affect the customer, and can be potential or actual.
o “Effects analysis” refers to studying the consequences of those failures.
o When to Use FMEA
When a process, product or service is being designed or redesigned, after quality function
deployment.
When an existing process, product or service is being applied in a new way.
Before developing control plans for a new or modified process.
When improvement goals are planned for an existing process, product or service.
When analysing failures of an existing process, product or service.
Periodically throughout the life of the process, product or service
HAZARD AND OPERABILITY ANALYSIS (HAZOP)
o Systematically identifying and documenting hazards and operability issues
o Safetec is a leading provider of HAZID and HAZOP, conducting over 70 analyses every year for numerous
clients. A HAZOP study is used to verify the integrity of design or procedures with respect to safety and
operability. We have extensive experience and provide highly skilled multi‐disciplined teams.
o Why HAZOP
HAZard and OPerability (HAZOP) is a well‐known and well documented study.
HAZOP is used as part of a Quantitative Risk Assessment (QRA) or as a standalone analysis.
HAZOP is a more detailed review technique than HAZID.
The purpose of the HAZOP is to investigate how the system or plant deviate from the design intent
and create risk for personnel and equipment and operability problems.
HAZOP studies have been used with great success within chemical and the petroleum industry to
obtain safer, more efficient and more reliable plants.
HAZOP has become a standard method in the design of process system in the North Sea.
o
103
Rupesh Pillai
PSSA
A Particularly Sensitive Sea Area (PSSA) is 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.
The criteria for the identification of particularly sensitive sea areas and the criteria for the designation of special
areas are not mutually exclusive.
PROCESS FOR THE DESIGNATION OF PARTICULARLY SENSITIVE SEA AREAS
o An application to IMO for designation of a PSSA and the adoption of associated protective measures, or an
amendment thereto, may be submitted only by a Member Government. Where two or more Governments
have a common interest in a particular area, they should formulate a co‐ordinated proposal
o Member Governments wishing to have IMO designate a PSSA should submit an application to MEPC based
on the criteria, provide information pertaining to the vulnerability of this area to damage from international
shipping activities, and include the proposed associated protective measures to prevent, reduce or
eliminate the identified vulnerability. Applications should be submitted in accordance with the procedures
and the rules adopted by IMO for submission of documents
o If, in preparing its submission for a PSSA proposal, a Member Government requires technical assistance,
that Government is encouraged to request such assistance from IMO
o the MEPC should bear primary responsibility within IMO for considering PSSA applications and all
applications should first be submitted to the MEPC
the Committee should assess the elements of the proposal against the Guidelines and, as
appropriate, should establish a technical group, comprising representatives with appropriate
environmental, scientific, maritime, and legal expertise;
after approval by the appropriate Sub‐Committee, Committee, or, where necessary, the Assembly
of the associated protective measures, the MEPC may designate the area as a PSSA
o IMO should provide a forum for the review and re‐evaluation of any associated protective measure
adopted, as necessary, taking into account pertinent comments, reports, and observations of the associated
protective measures. Member Governments which have ships operating in the area of the designated PSSA
are encouraged to bring any concerns with the associated protective measures to IMO so that any
necessary adjustments may be made.
o After the designation of a PSSA and its associated protective measures, IMO should ensure that the
effective date of implementation is as soon as possible based on the rules of IMO and consistent with
international law
ECOLOGICAL FOR THE IDENTIFICATION OF A PARTICULARLY SENSITIVE SEA AREA
o Uniqueness or rarity – An area or ecosystem is unique if it is “the only one of its kind”. Habitats of rare,
threatened, or endangered species that occur only in one area are an example
o Critical habitat – A sea area that may be essential for the survival, function, or recovery of fish stocks or rare
or endangered marine species, or for the support of large marine ecosystems
o Dependency – An area where ecological processes are highly dependent on biotically structured systems
(e.g. coral reefs, kelp forests, mangrove forests, seagrass beds)
o Representativeness – An area that is an outstanding and illustrative example of specific biodiversity,
ecosystems, ecological or physiographic processes, or community or habitat types or other natural
characteristics.
o Diversity – An area that may have an exceptional variety of species or genetic diversity or includes highly
varied ecosystems, habitats, and communities.
o Naturalness – An area that has experienced a relative lack of human‐induced disturbance or degradation.
o Fragility – An area that is highly susceptible to degradation by natural events or by the activities of people
SOCIAL, CULTURAL AND ECONOMIC CRITERIA
104
Rupesh Pillai
o Social or economic dependency – An area where the environmental quality and the use of living marine
resources are of particular social or economic importance, including fishing, recreation, tourism, and the
livelihoods of people who depend on access to the area.
o Human dependency – An area that is of particular importance for the support of traditional subsistence or
food production activities or for the protection of the cultural resources of the local human populations.
o Cultural heritage – An area that is of particular importance because of the presence of significant historical
and archaeological sites
SCIENTIFIC AND EDUCATIONAL CRITERIA
o Research – An area that has high scientific interest.
o Baseline for monitoring studies – An area that provides suitable baseline conditions with regard to biota or
environmental characteristics, because it has not had substantial perturbations or has been in such a state
for a long period of time such that it is considered to be in a natural or near‐natural condition.
o Education – An area that offers an exceptional opportunity to demonstrate particular natural phenomena.
ASSOCIATED PROTECTIVE MEASURES
designation of an area as a Special Area under MARPOL Annexes I, II or V, or a SOx emission control area
under MARPOL Annex VI, or application of special discharge restrictions to vessels operating in a PSSA.
adoption of ships’ routeing and reporting systems near or in the area,
development and adoption of other measures aimed at protecting specific sea areas against environmental
damage from ships, provided that they have an identified legal basis.
List of adopted PSSAs
1. The Great Barrier Reef, Australia (designated a PSSA in 1990)
2. The Sabana‐Camagüey Archipelago in Cuba (1997)
3. Malpelo Island, Colombia (2002)
4. The sea around the Florida Keys, United States (2002)
5. The Wadden Sea, Denmark, Germany, Netherlands (2002)
6. Paracas National Reserve, Peru (2003)
7. Western European Waters (2004)
8. Extension of the existing Great Barrier Reef PSSA to include the Torres Strait (proposed by Australia and
Papua New Guinea) (2005)
9. Canary Islands, Spain (2005)
10. The Galapagos Archipelago, Ecuador (2005)
11. The Baltic Sea area, Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden (2005)
12. The Papahānaumokuākea Marine National Monument, United States (2007)
13. The Strait of Bonifacio, France and Italy (2011)
14. The Saba Bank, in the North‐eastern Caribbean area of the Kingdom of the Netherlands (2012)
15. Extension of Great Barrier Reef and Torres Strait to encompass the south‐west part of the Coral Sea (2015)
105
Rupesh Pillai