1. IMO Activities and Initiatives Relevant to WHTI Themes
Update on
IMO Activities and Initiatives Relevant to WHTI Themes
Curtis A. Roach
Regional Maritime Adviser (Caribbean)
International Maritime Organization
The views expressed are those of the Adviser and should not be construed as reflecting the policies or views of the IMO or the Secretariat

2. Themes and Objectives WHTI Technical WG IMO
Maritime safety, environmental protection and sustainable development
IMO
Safe, secure and efficient shipping on clean oceans

3. Considerations
IMO Voluntary Audit Scheme and Mandatory IMO Instruments
Maritime Security Update
Special Areas
Particularly Sensitive Sea Areas (PSSA)

4. Framework for the Voluntary IMO Member State Audit
Assembly Resolution A.974(24)
(ANNEX PART I)

5. Objective
The objective of the audit is to determine to what extent Member States are implementing and enforcing the applicable IMO instruments. In order to achieve this, a number of issues will be observed and assessed.

6. Areas to be covered (1) Jurisdiction Organization and authority
Legislation, rules and regulations
Promulgation of IMO mandatory instruments, rules and regulations
Enforcement arrangements
Control, survey, inspection, audit, verification, approval and certification functions

7. Areas to be covered (2)
Selection, recognition,authorization, empowerment and monitoring of ROs, as appropriate, and of nominated surveyors
Investigations required to be reported to IMO
Reporting to IMO, other Administrations, and organizations

8. Technical co-operation (1)
In order to obtain the full benefits of the scheme, consideration of capacity-building matters is essential, particularly in respect of human and financial resources. Where appropriate, Member States will be assisted in order to prepare for the audit, as well as to address audit findings.

9. Technical co-operation (2)
Capacity-building includes an adequate supply of suitably trained personnel, with maritime and audit skills, along with the required software systems. The need for infrastructural facilities, defined as including workspace, utilities and communication systems relevant to meeting initially the needs of the audit and ultimately the aims of the scheme, is also to be taken into account.

10. Assembly Resolution A.973(24)
Audit standard Code for the Implementation of Mandatory IMO Instruments
Assembly Resolution A.973(24)
Maritime Training and Human Element Section

11. Objective
Enhance global maritime safety and protection of the marine environment
Note -
An Administration is only bound by the instruments to which it is Party
Some Administrations may have a greater role as coastal or port State than as a flag State but this does not diminish their duties in each role

12. Strategy
To meet the objective of the Code there should be a strategy covering:
Implementation and enforcement of relevant instruments
Adherence to international recommendations, as appropriate
Continuous review and verification of the effectiveness of the State in respect of meeting its international obligations
The achievement, maintenance and improvement of overall organizational performance and capability

13. Mandatory IMO Instruments
SOLAS 74
SOLAS 74 + PROT 78
SOLAS 74 + PROT 88
MARPOL 73/78 + PROT 97
STCW 78
LOAD LINES 66
LOAD LINES 66 + PROT 88
Tonnage 69
COLREG 72
All instruments (Codes etc.) made mandatory through these conventions and protocols

14. Government Responsibility
The Government of a State Party to a mandatory IMO instrument must be in a position to implement and enforce its provisions through appropriate national legislation and to provide the necessary implementation and enforcement infrastructure.

15. Maritime Security Update
MSC Circulars – 81st session –June 2006
Regional workshops on maritime security

16. MSC Circulars (1)
Circ Guidelines on training and certification for port facility security officers
Required by MSC when Circ.1154 – Training for CSOs was approved
Circ Interim scheme for the compliance of special purpose ships with the special measures to enhance maritime security
These ships were not previously required to comply. Scheme is to facilitate smooth compliance

17. MSC Circulars (2)
Circ Guidance on the provision of information for identifying ships when transmitting ship security alerts
Inadequate information provided for ship identification
Circ Further reminder of the obligation to notify flag states when exercising control and compliance measures
Update of Circ.1133 because of continued failure to issue the required notifications

18. MSC Circulars (3)
Circ Guidance on voluntary self-assessment by SOLAS contracting governments and by port facilities
Replaces Circ.1131 (Dec. 2004) Interim guidance , which was revised
Circ Guidance on voluntary self-assessment by administrations and for ship security
Circ Effective implementation of SOLAS chapter XI-2 and the ISPS Code
Gives Guidance on basic elements of national oversight programmes for SOLAS XI-2 and the ISPS Code

19. Reasons for MSC Circular 1194
Available information suggested that:
some port facilities appeared to fail to comply with their obligations under SOLAS chapter XI-2 and the ISPS Code and in some instances ships had no alternative but to implement their own additional protective security measures;
despite the provisions of the ISPS Code and the promulgation of MSC/Circ on Shore leave and access to ships under the ISPS Code, seafarers continued to encounter difficulties with certain SOLAS Contracting Governments in relation to shore leave and access to ships;
despite the provisions of the ISPS Code and the promulgation of MSC/Circ on Guidance on the access of public authorities, emergency response services and pilots onboard ships, Government officials continued to ignore the security measures on board ships and conduct themselves in a manner which was not conducive to the aim and objectives of SOLAS chapter XI-2 and the ISPS Code;

20. despite the promulgation of MSC/Circ
despite the promulgation of MSC/Circ.1133 on Reminder of the obligation to notify flag States when exercising control and compliance measures, a number of SOLAS Contracting Governments continue to fail to notify the Administrations concerned and the Organization, when taking control measures or steps against ships pursuant to the provisions of SOLAS regulation XI-2/9 on Control and compliance measures; and
the information posted by SOLAS Contracting Governments on the Maritime Security module of the IMO Global Integrated Shipping Information System, which contains the information communicated to the Organization pursuant to the provisions of SOLAS regulation XI-2/13 on Communication of information, are incomplete, outdated or in some cases inaccurate.

21. Recent TC activities (1)
Regional seminar on maritime security, Vera Cruz, México, 24 to 28 October 2005
Objectives
Assessment of the status of implementation of maritime security measures in the region; identification of specific needs for technical co-operation; issues of long-term compliance; and promotion of regional & Interagency communication, co-ordination & co-operation

22. Recent TC activities (2)
Caribbean Seminar on maritime security, piracy and armed robbery against ships - Trinidad and Tobago - April 2006
update participating States on recent maritime security developments
assess the levels of compliance with SOLAS chapter XI-2 and the ISPS Code among participating States
identify and promulgate best practices in the region, particularly those pertaining to the security of cruise ships
formulate appropriate regional action plans for combating terrorism, enhancing maritime security, countering piracy and armed robbery against ships, and combating drug smuggling

23. MARPOL Special Areas (1)
A sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the prevention of sea pollution is required.
provided with a higher level of protection than other areas of the sea
Identified in MARPOL Annexes

24. MARPOL Special Areas (2)
Oil – MARPOL Annex I
Noxious Liquid Substances (NLS) – Annex II
Garbage – Annex V
Sulphur oxide (SOx) Emission Control Areas – Annex VI

25. Wider Caribbean Region Special Area – Annex V
Adopted
Date of Entry into Force
In Effect From
4 July 1991
4 April 1993
Not in effect
Adequate reception facilities not reported
MEPC Circular 470 – Waste reception facility reporting requirements
Global Integrated Shipping Information System (GISIS) – Port reception facility database
Consider WCR Special Area for Oil and NLS also

26. Particularly Sensitive Sea Areas (PSSAs)
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
An application for PSSA designation should contain a proposal for an associated protective measure or measures aimed at preventing, reducing or eliminating the threat or identified vulnerability
When an area is approved as a particularly sensitive sea area, specific measures can be used to control the maritime activities in that area, such as routeing measures, strict application of MARPOL discharge and equipment requirements for ships, such as oil tankers; and installation of Vessel Traffic Services (VTS).

27. A.982(24) Revised guidelines for the identification and designation of PSSAs
include criteria to allow areas to be designated a PSSA if they fulfil a number of criteria, including: ecological criteria, such as unique or rare ecosystem, diversity of the ecosystem or vulnerability to degradation by natural events or human activities; social, cultural and economic criteria, such as significance of the area for recreation or tourism; and scientific and educational criteria, such as biological research or historical value.
provide advice to IMO Member Governments in the formulation and submission of applications for the designation of PSSAs to ensure that in the process, all interests - those of the coastal State, flag State, and the environmental and shipping communities - are thoroughly considered on the basis of relevant scientific, technical, economic, and environmental information regarding the area at risk of damage from international shipping activities

28. MEPC Circular 510
Guidance document for submission of PSSA proposals to IMO
Provides guidance for the development, drafting and submission of proposals to IMO for the designation of a PSSA
Sets forth the issues that should be included in such a proposal to facilitate its assessment and approval by MEPC
The assessment and determination of whether a PSSA should be designated are ultimately controlled by whether the proposal meets the provisions of A.982(24)
The Guidelines and Guidance document are complementary

29. Questions