Administrations Approach to IMO Reporting, Recommendations and Guidelines Seminar on the Implementation of measures to ensure that safety standards are “to the Satisfaction of the Administration ” Istanbul, 26/27 April 2016 Capt. Cahit YALCIN

Scope  IMO Non-Mandatory Instruments (recommendations, guidance, interpretations)  IMO Reporting  Development of an IMO Strategy (Recommendation in III Code)

TRACECA Maritime Safety & Security II This project is financed by the European Union SOLAS Art. 1, MARPOL Art. I, LL Art I etc. The Contracting Governments undertake to give effect to the provisions of the present Convention and the annex thereto, which shall constitute an integral part of the present Convention. The Contracting Governments undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the present Convention full and complete effect, so as to ensure that, from the point of view of safety of life, a ship is fit for the service for which it is intended.

IMO Non-Mandatory Instruments There are thousands of IMO non-mandatory instruments (guidelines & recommendations) (NMI) If Administrations do not take positive action, they are worthless It is impossible to implement mandatory instruments without non- mandatory instruments Administrations need a systematic approach for IMO NMI This is valid for all the areas covered by IMO instruments This is valid for Flag, Coastal and Port State duties and obligations

IMO Non-Mandatory Instruments NMI assist the maritime Administrations to properly implement and comply with the mandatory requirements NMI ensure proper implementation and enforcement of instruments NMI include unified interpretations for “vague” technical provisions (Length, definition of bulk carrier, lightest seagoing condition etc.) MSs have the responsibility to systemically inspect the guidance and implement (as guide or mandatory) those found beneficial for them Sometimes IMO refers to guidelines of other international organizations (IHO, WMO, IALA, ILO etc.) Compliance is audited in IMSAS

IMO Non-Mandatory Instruments IMO NMI can be in different formats!  Resolutions (Open domain,  Assembly, MSC, MEPC  Circulars (Secure domain, imo.org)  MSC  MEPC  LL  Many others…  Attached to the Publication (MARPOL UIs)  Reference to other organizations (ILO, WMO, IHO, IALA, ICS etc.)

IMO Non-Mandatory Instruments IMO NMI can be in different formats!  Guidelines  Unified Interpretations  Guidance  Performance Standards of Eq.  Recommendations  Policies  Recommended Measures

IMO Non-Mandatory Instruments Administrations need a systematic approach for IMO NMI!  Who / which department will follow?  Who / how will disseminate and inform the other departments?  What is the procedure to deal with NMI?  How to implement? Mandatory / guidance?  What is the format? Regulations, instructions, guidance, orders?  How to disseminate / publish for public and marine industry?  Who will follow and verify proper implementation of this system?

TRACECA Maritime Safety & Security II This project is financed by the European Union 14

TRACECA Maritime Safety & Security II This project is financed by the European Union 15 IMO Recommendations - Guidelines

TRACECA Maritime Safety & Security II This project is financed by the European Union 16 IMO Recommendations - Guidelines

TRACECA Maritime Safety & Security II This project is financed by the European Union 17 IMO Recommendations - Guidelines

TRACECA Maritime Safety & Security II This project is financed by the European Union 18 IMO Recommendations - Guidelines Assist

TRACECA Maritime Safety & Security II This project is financed by the European Union 19 Assist

TRACECA Maritime Safety & Security II This project is financed by the European Union 20 IMO Recommendations - Guidelines

TRACECA Maritime Safety & Security II This project is financed by the European Union 21 IMO Recommendations - Guidelines

TRACECA Maritime Safety & Security II This project is financed by the European Union 22

TRACECA Maritime Safety & Security II This project is financed by the European Union 23

IMO Reporting  Reporting to the IMO is mandatory under many conventions.  There are more than 100 reporting requirements in conventions and instruments  Systematic approach to “IMO reporting” is required  Reporting procedure should be defined  Responsible units / persons / departments should be identified  What to report? List of requirements should be kept

IMO Reporting  Time of reporting? Annual? Immediate? As needed? To be specified  Any specific format / layout? There are IMO guidance for some of reporting formats and periods.  How to report? Paper or electronic? (GISIS, fax, , letter etc)  Reports made should be stored (documented record keeping procedures. (legible, readily identifiable and retrievable)  Some reporting requirements from instruments Some reporting requirements from instruments

IMO Reporting Some Reporting requirements can be found in the “Non- exhaustive List of Obligations” - Resolution A.1105(29)

IMO Reporting SOLAS 74 Art. III The Contracting Governments undertake to communicate to and deposit with the Secretary-General of the Organization: a list of non-governmental agencies which are authorized to act in their behalf in the administration of measures for safety of life at sea, the text of laws, decrees, orders and regulations, a sufficient number of specimens of their certificates.

Development of an ”IMO Strategy” (Recommendation under III C) III Code Para. 3: a State is recommended to: develop an overall strategy; Monitor and assess the effectiveness; Continuously review the overall organizational performance and capability as a flag, port and coastal State.

What is Strategy? “A plan or method for achieving a particular goal usually over a long period of time” Targets, goals, objectives… What is your “goal” for IMO? What is your goal for maritime safety? What is your goal for marine pollution prevention? What is your goal for your mariners? can be more…

Strategy is the formal presentation / declaration of “main target” or “overall objective” of the State, and methods to reach to it! What is the ultimate aim of the State regarding IMO conventions? Protection and Safety of life Prevention of marine environment Prevention of accidents Better service to public and shipping industry Adherence to IMO principles

Strategy should be developed by the entity which has legal authority to do so! (Specific article in legislation) All involved bodies should be consulted during development! Strategy should formally bind all involved public bodies! Can be promulgated by a circular, order or decree! (official government document)

IMO Strategy may contain: An overall target (Vision Statement) Elements (General objectives) Short-medium-long term targets Methods to reach to targets Responsible authorities for implementation Time limits Coordination of all entities Performance measurement A Strategy can be page long!

For IMO purposes, where do you like to be in 10 years? THE STATE WILL BECOME A REPUTABLE MARITIME NATION THAT GIVES FULL AND COMPLETE EFFECT TO THE PROVISIONS OF ALL APPLICABLE INTERNATIONAL MARITIME TREATIES. THE STATE WILL MAINTAIN A PROACTIVE MARITIME ADMINSTRATION ENSURING THAT ALL LAWS, REGULATIONS AND RECOMMENDATIONS ARE IMPLEMENTED AND ENFORCED FLAG, PORT AND COASTAL STATE OBLIGATIONS WILL BE FULLY OBSERVED WITHOUT FAIL.

An IMO Strategy should also include the following “overall” issues:  “implementation and enforcement of relevant international mandatory instruments”  “adherence to international recommendations”  “continuous review and verification of the effectiveness of the State in respect of meeting its international obligations”  “achievement, maintenance and improvement of overall organizational performance and capability”

Possible targets for “implementation and enforcement of relevant international mandatory instruments” :  Becoming party to IMO instruments  Efficient follow-up with amendments  Effective representation in the IMO  Development of subsidiary legislation  Effectively implementation/enforcement  To provide information, reports and notifications to IMO effectively, timely and systematically. “For all targets, effective mechanisms should be put into place”

Possible targets for ““adherence to international recommendations”  Systemically and timely follow up and consideration of all IMO guidance and recommendations  Transfer of those non mandatory instruments that are considered to be beneficial for country into national legislation/guidance

Implementation for “continuous review and verification of the effectiveness of the State in respect of meeting its international obligations” A system should be set up! Use of KPI and statistical data to monitor implementation Systemically review the effectiveness of implementation Identify problem areas and bottlenecks Decide on the corrective actions Implement and follow up Periodical meetings for above

Possible targets for “achievement, maintenance and improvement of overall organizational performance and capability”  Establish coordination among all institutions and organizations which carry out activities about IMO!  Establish a high level coordination / discussion platform to discuss and solve problems!  Participate to IMO rule-making process!  Be transparent and informative for maritime sector! (internet pages for legislation, implementation, conventions etc.)

OBJECTIVES: Specific, Measurable, Achievable, Realistic, Time-bound EVALUATION & REVIEW:

EVIDENCE OF STRATEGY  A high-level official government paper setting out national strategy, including the appointment of a coordinating body or council and its powers  Records and proof (internet pages, documents, minutes of meetings…)  Strategy should be widely communicated by all involved bodies (Internet pages, posters, meetings, letters etc)  Maritime sector and bodies should be familiar with the Overall Strategy!

Thank You for your attention! Questions and Answers