The International Maritime Organization’s (IMO) Maritime Safety Committee (MSC) held its 106th Session (MSC 106) from 2nd to 11th November 2022. The majority of the delegates participated in person at the IMO building in London, which was a refreshing change following the long succession of virtual meetings during the pandemic. The meeting was chaired by Ms Mayte Medinah (United States). IUMI was represented by Lars Lange, Hendrike Kühl as well as Jun Lin, Chair of IUMI’s Facts & Figures Committee. Jun presented the latest statistics on marine insurance premiums as well as casualty trends kindly supplied by Cefor, the Nordic Association of Marine Insurers, to the MSC. While the incidents generally show a downward trajectory, for example, fewer casualties, a worrying trend continues to be fire outbreaks during the shipment process. This is particularly true for containerships. Jun’s presentation can be accessed here.
This report covers key issues relevant to IUMI.
Black Sea Grain Initiative
The Committee was updated on the latest developments regarding the successful operation of the Black Sea Grain Initiative. The Joint Coordination Centre in Istanbul includes representatives from the United Nations (including IMO), Ukraine, the Russian Federation and Türkiye. The latest vessel movements can be found on the BSGI website.
The Committee further adopted an MSC resolution on Member States’ obligations in connection with search and rescue services under the Safety of Life at Sea (SOLAS) and Maritime Search and Rescue SAR) Conventions in the context of armed conflicts.
Containership fire safety
The MSC agreed to establish a Formal Safety Assessment (FSA) Experts Group (EG) to review the outcome of relevant FSA studies concerning detecting and controlling fires in cargo holds and on the cargo deck of containerships. Such studies should be submitted to the MSC and forwarded to the EG by the IMO Secretariat. The report of the EG will be submitted directly to the SSE Sub-Committee for consideration, with a view to developing relevant amendments. This is particularly relevant regarding the EMSA-commissioned ‘CARGOSAFE’ study which observes containership fire safety. Its report is expected in February 2023.
The Committee noted that the organisational details and arrangements for a meeting of the FSA Experts Group, including Chairs, provisional agenda and dates, would be communicated by a circular letter once the outcomes of relevant FSA studies had been made available to the IMO Secretariat. Interested Member States and international organisations will subsequently be invited to nominate experts for participation in the Group.
International Quality Assessment Review Body (IQARB)
The Committee noted the outcome of the third meeting of the International Quality Assessment Review Body (IQARB) in the trial phase, held at IMO Headquarters on 11th and 12th October 2021. IQARB has the potential to develop into a fully international and independent quality assessment review body with independent quality standards. IQARB could be a component to assist Member States in fulfilling some of their obligations under the IMO Instruments Implementation Code (III Code) and the Code for Recognised Organisations (RO Code) concerning the oversight programme exercised by flag States for their recognised organisations (ROs).
At the same time, IQARB should not be conflated with an alternative to the sovereign right and duty of a flag State to exercise effective oversight of the ROs authorised to act on its behalf.
IUMI Secretary General, Lars Lange, provided an update on the latest IQARB developments and its benefits for flag States. In this context, he discussed why IQARB has been established, how it works in practice and what its ambitions are for the future. The slides can be accessed here.
MSC 106 agreed that the IQARB Factual Statements confirming that ROs had implemented an effective quality management system may assist Member States to focus their individual RO oversight programmes on targeted areas and specific matters pertaining to their ships. The Committee further agreed that the IQARB Factual Statements may be recognized during IMSAS audits as part of the oversight programme of ROs implemented by Member States in relation to evidencing that the RO had an effective quality management system in place. MSC 106 also agreed to instruct the Correspondence Group on III Code Implementation Guidance of the III Sub-Committee to further consider the matter and prepare aligned relevant text for inclusion in the III Code Implementation Guidance.
Maritime Autonomous Surface Ships (MASS)
The MSC made progress on developing a goal-based instrument regulating the operation of Maritime Autonomous Surface Ships (MASS). This follows the completion of a regulatory scoping exercise. The aim is to adopt a non-mandatory goal-based MASS Code to take effect in 2025, which will form the basis for a mandatory goal-based MASS Code, expected to enter into force on 1 January 2028.
The MSC was updated on the outcome of the first meeting of the Joint MSC/LEG/FAL Working Group on MASS, which took place in September 2022.
It was established as a cross-cutting mechanism to address common issues identified by the regulatory scoping exercises for MASS conducted by the Maritime Safety, Legal and Facilitation Committees.
The Joint Working Group developed a table to identify the preferred options for addressing common issues, such as the role of MASS master and crew; responsibilities of MASS master and crew; competencies required for MASS master and crew; identification and meaning of the terms “remote operator” and “remote control station/centre”.
The MSC noted the structure and draft content of the draft MASS Code, as further developed by the MSC MASS Working Group during the meeting, in particular the new draft section on fire safety was highlighted, based on the guidance and example for the development of functional requirements for the IMO MASS Code developed by the Group.
Safety measures for non-SOLAS ships operating in polar waters – Polar Code amendments
The MSC approved a first set of draft amendments to the Polar Code together with associated amendments to the SOLAS Convention. These will incorporate new requirements for certain non-SOLAS ships concerning the safety of navigation and voyage planning. The modifications will be applicable to fishing vessels of 24 m in length overall and above, pleasure yachts of 300 GT and upwards not engaged in trade and cargo ships of 300 GT and upwards but below 500 GT.
The amendments aim to enhance the safety of ships operating under the special conditions the polar areas present, as well as that of the persons on board.
IMO’s Polar Code sets out requirements to ensure the safety of ships operating under the harsh conditions of the Arctic and Antarctic areas, specifically accounting for extremes of temperature and that critical equipment remains operational under those conditions.
Revision of Guidelines on places of refuge for ships in need of assistance
The MSC approved a revision of the Guidelines on places of refuge for ships in need of assistance. The guidelines were first adopted in 2003 to provide guidance for cases where a ship requires assistance but are not intended to address the issue of operations for the rescue of persons in distress at sea (where SAR provisions shall be followed).
The proposed revision recognises that various organisational, operational and technological developments have occurred in a rapidly changing global maritime domain. Experience in handling situations of ships in need of assistance has increased worldwide and informed the revision of the guidelines.
The revised guidelines intend to provide the basis of an operational framework for coastal States, ships’ masters, operators and/or salvors, as well as any other involved parties on how to handle and decide when a ship needs assistance and seeks a place of refuge.
Among other changes, a new section on media information and management is proposed, recommending that States include in their administrations the capacities (including training) for dealing with media and requests for information in connection with managing a ship in need of assistance seeking a place of refuge.
The draft revised Assembly resolution will be submitted to the Marine Environment Protection Committee (MEPC) and the Legal Committee (LEG) for approval with a view to adoption by the Assembly in 2023.
Piracy and armed robbery against ships
The MSC considered the latest update on global trends relating to piracy and armed robbery against ships. Based on reports submitted to IMO, figures show a total of 69 incidents of piracy and armed robbery against vessels as having occurred or been attempted from January to June 2022, a decrease of approximately 22% at the global level compared to the same period last year.
However, there has been an uptick in the number of incidents in the Straits of Malacca and Singapore, with 36 incidents reported from January to June 2022, compared to 27 incidents in the same period last year. The number of incidents in the Gulf of Guinea decreased to 13 from 27 in the same period the previous year, thanks to the enforcement agencies of coastal States in the region and ongoing international support. The number of incidents of piracy and armed robbery against ships reported in the South China Sea is nil, compared to 11 incidents in the same period in 2021 – following the downward trajectory in the area since 2013, when 142 incidents were reported. No incidents were reported off the Somalian coast during the reporting period.
The MSC requested Member States to continue to report incidents of piracy and armed robbery to IMO and to complete and keep updated the questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships.
Seafarers’ access to the COVID-19 vaccination and medical care
The MSC urged Member States and international organisations to cooperate and make joint efforts regarding seafarers’ vaccinations, following the example of Panama, which offers easy access to COVID 19 vaccines to all seafarers. The MSC also agreed that the IMO should encourage the establishment of other regional Maritime Humanitarian Hubs where the need was imperative due to the constant arrival of vessels and seafarers, in addition to supporting United Nations (UN) mechanisms led by the World Health Organisation (WHO) for a vaccines supply administered to seafarers in these regional humanitarian logistic centres.
Member States and critical sectors of the global maritime industry were urged, echoing the Neptune Declaration, to continue to promote policies and measures that facilitate priority access to vaccines for seafarers, as well as improve the coordination needed for more expeditious crew changes, complying with the health protocols of the region or country where they take place.
