Global Maritime Regulatory System

GLOBAL MARITIME REGULATORY SYSTEM

SOURCE:GOOGLE

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.

SOURCE:GOOGLE

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)

SOURCE:GOOGLE

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)

SOURCE:GOOGLE

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

SOURCE:GOOGLE

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)

SOURCE:GOOGLE

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.