GLOBAL MARITIME REGULATORY SYSTEM
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The International Maritime Organization (IMO), known as the
Inter-Governmental Maritime Consultative Organization (IMCO) until 1982,is a
specialised agency of the United Nations responsible for regulating shipping.
The IMO was established following agreement at a UN conference held in Geneva
in 1948 and the IMO came into existence ten years later, meeting for the first
time in 1959.Headquartered in London, United Kingdom, the IMO currently has 174
member states and three associate members.
The IMO's primary purpose is to develop and maintain a
comprehensive regulatory framework for shipping and its remit today includes
safety, environmental concerns, legal matters, technical co-operation, maritime
security and the efficiency of shipping. IMO is governed by an assembly of
members and is financially administered by a council of members elected from
the assembly. The work of IMO is conducted through five committees and these
are supported by technical subcommittees. Other UN organisations may observe
the proceedings of the IMO. Observer status is granted to qualified
non-governmental organisations.
IMO is supported by a permanent secretariat of employees who
are representative of the organisation's members. The secretariat is composed
of a Secretary-General who is periodically elected by the assembly, and various
divisions such as those for marine safety, environmental protection and a
conference section.
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The four pillars of IMO
-SOLAS (Safety of life at sea)
-STCW ( Standards of training, certification,and
watchkeeping)
- MARPOL (Marine pollution)
- MLC (Maritime labor convention)
1. Safety of Life at Sea (SOLAS)
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In 1914, the first version of SOLAS was accepted as a
response of the sinking of the RMS Titanic. It prescribed numbers of lifeboats
and other emergency equipment along with safety procedures, including
continuous radio watches. The 1914 treaty never entered into force due to the
outbreak of World War I. New versions were adopted in 1929, 1948, 1960, 1974,
1988, 2011, 2015 and 2016.
SOLAS 1974 requires flag states to
ensure that ships flagged by them comply with the minimum safety standards in
the construction, equipment and operation of merchant ships. The treaty
includes articles setting out general obligations, etc., followed by an annex
divided into twelve chapters, two new chapters were added in 2016 and 2017. Of
these, chapter five (often called 'SOLAS V') is the only one that applies to
all vessels on the sea, including private yachts and small craft on local trips
as well as to commercial vessels on international passages. Many countries have
turned these international requirements into national laws so that anybody on
the sea who is in breach of SOLAS V requirements may find themselves subject to
legal proceedings.
Chapter I – General Provisions
Surveying the various types of
ships and certifying that they meet the requirements of the convention.
Chapter II-1 – Construction –
Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships
into watertight compartments so that after damage to its hull, a vessel will
remain afloat and stable.
Chapter II-2 – Fire protection,
fire detection and fire extinction
Fire safety provisions for all
ships with detailed measures for passenger ships, cargo ships and tanker.
Chapter III – Life-saving
appliances and arrangements
Life-saving appliances and
arrangements, including requirements for life boats, rescue boats and life
jackets according to type of ship. The specific technical requirements are
given in the International Life-Saving Appliance (LSA) Code.
Chapter IV – Radiocommunications
The (GMDSS) requires passenger and
cargo ships on international voyages to carry radio equipment, including
satellite (EPIRBs) and (SARTs).
Chapter V – Safety of navigation
This chapter requires governments
to ensure that all vessels are sufficiently and efficiently manned from a
safety point of view. It places requirements on all vessels regarding voyage
and passage planning, expecting a careful assessment of any proposed voyages by
all who put to sea. Every mariner must take account of all potential dangers to
navigation, weather forecasts, tidal predictions, the competence of the crew,
and all other relevant factors. It also adds an obligation for all vessels'
masters to offer assistance to those in distress and controls the use of lifesaving
signals with specific requirements regarding danger and distress messages. It
is different from the other chapters, which apply to certain classes of
commercial shipping, in that these requirements apply to all vessels and their
crews, including yachts and private craft, on all voyages and trips including
local ones.
Chapter VI – Carriage of Cargoes
Requirements for the stowage and
securing of all types of cargo and cargo containers except liquids and gases in
bulk.
Chapter VII – Carriage of
dangerous goods
Requires the carriage of all kinds
of dangerous goods to be in compliance with the International Bulk Chemical
Code (IBC Code), The International Code of the Construction and Equipment of
Ships Carrying Liquefied Gases in Bulk (IGC Code) and the (IMDG Code).
Chapter VIII – Nuclear ships
Nuclear powered ships are
required, particularly concerning radiation hazards, to conform to the Code of
Safety for Nuclear Merchant Ships.
Chapter IX – Management for the
Safe Operation of Ships
Requires every shipowner and any
person or company that has assumed responsibility for a ship to comply with the
International Safety Management Code(ISM).
Chapter X – Safety measures for
high-speed craft
Makes mandatory the International
Code of Safety for High speed craft (HSC Code).
Chapter XI-1 – Special measures to
enhance maritime Safety
Requirements relating to
organizations responsible for carrying out surveys and inspections, enhanced
surveys, the ship identification number scheme, and operational requirements.
Chapter XI-2 – Special measures to
enhance maritime security
Includes the International Ship
and Port facilities code (ISPS Code). Confirms that the role of the Master in
maintaining the security of the ship is not, and cannot be, constrained by the
Company, the charterer or any other person. Port facilities must carry out
security assessments and develop, implement and review port facility security
plans. Controls the delay, detention, restriction, or expulsion of a ship from
a port. Requires that ships must have a ship security alert system, as well as
detailing other measures and requirements.
Chapter XII – Additional safety
measures for bulk carriers
Specific structural requirements
for bulk carriers over 150 metres in length.
Chapter XIII - Verification of
compliance
Makes mandatory from 1 January
2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for
ships operating in polar waters
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).
2. International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW)
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The 1978 STCW Convention was the first to establish minimum
basic requirements on training, certification and watchkeeping for seafarers on
an international level. Previously the minimum standards of training,
certification and watchkeeping of officers and ratings were established by
individual governments, usually without reference to practices in other
countries. As a result, minimum standards and procedures varied widely, even
though shipping is extremely international by nature.
The Convention prescribes minimum standards relating to
training, certification and watchkeeping for seafarers which countries are
obliged to meet or exceed.
The four basic STCW courses are as follows:
Personal Safety and Social Responsibilities – This is a
classroom-based course that focuses on teaching the essentials of basic safety.
BASIC Fire Prevention and Fire Fighting – This firefighting
course covers both practical and theoretical situations that are taught by
professional firefighters.
Personal Survival Techniques – A theory and practical
course, you will be taught how to abandon ship using life rafts and also how to
don life jackets correctly.
Elementary First Aid – A theory and practical course, during
this session you will be taught vital basic 1st aid and life savings skills.
Proficiency in Security Awareness - This course is not
normally part of basic STCW week; however it is a required course that you must
complete prior going to sea. Normally, if you book onto the 4 mandatory courses
listed above, your course supplier will include this one for free. It's a half
day course that can easily be slotted into your training week, and is designed
to explain how security systems work on board.
STCW Convention chapters
Chapter I: General provisions
Chapter II: Master and deck department
Chapter III: Engine department
Chapter IV: Radiocommunication and radio personnel
Chapter V: Special training requirements for personnel on
certain types of ships
Chapter VI: Emergency, occupational safety, medical care and
survival functions
Chapter VII: Alternative certification
Chapter VIII: Watchkeeping
3.International Convention for the Prevention of Pollution
from Ships
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The MARPOL Convention was adopted on 2 November 1973 at IMO.
The Protocol of 1978 was adopted in response to a spate of tanker accidents in
1976-1977. As the 1973 MARPOL Convention had not yet entered into force, the
1978 MARPOL Protocol absorbed the parent Convention. The combined instrument
entered into force on 2 October 1983. In 1997, a Protocol was adopted to amend
the Convention and a new Annex VI was added which entered into force on 19 May
2005. MARPOL has been updated by amendments through the years.
Annex I Regulations
for the Prevention of Pollution by Oil (entered into force 2 October 1983)
Annex II Regulations
for the Control of Pollution by Noxious
Liquid Substances in Bulk (entered into
force 2 October 1983)
Annex III Prevention of Pollution by Harmful Substances
Carried by Sea in Packaged Form (entered into force 1 July 1992)
Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003)
Annex V Prevention of Pollution by Garbage from Ships
(entered into force 31 December 1988)
Annex VI Prevention of
Air Pollution from Ships (entered into force 19 May 2005)
4.Maritime Labour Convention (MLC)
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The Maritime Labour Convention (MLC) is an International
Labour Organization convention, number 186, established in 2006 as the fourth
pillar of international maritime law and embodies "all up-to-date
standards of existing international maritime labour Conventions and
Recommendations, as well as the fundamental principles to be found in other
international labour Conventions". The other "pillars are the SOLAS,
STCW and MARPOL. The treaties applies to all ships entering the harbours of
parties to the treaty (port states), as well as to all states flying the flag
of state party (flag states, as of 2019: over 90 per cent).
The convention entered into force on 20 August 2013, one
year after registering 30 ratifications of countries representing over 33 per
cent of the world gross tonnage of ships.Already after five ratifications the
ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama)
represented over 43 per cent of the gross world tonnage (which is over 33 per
cent; the second requirement for entry into force). As of September 2019, the
convention has been ratified by 97 states representing over 91 per cent of
global shipping.
Although the Convention has not been ratified worldwide, it
has widespread effect because vessels from non-signatory states that attempt to
enter ports of signatory states may face arrest and penalties for
non-compliance with the MLC.