September 1, 2011
As the summer months come to an end, a surprisingly active season of regulatory announcements, updates, and enactments took place in Europe, Asia, and the Americas. Below is a summary of the more important topics that affect both private and commercial yachts.
Launch of Concentrated Inspection Campaign (CIC) on structural safety and international convention on load lines
The 45 maritime authorities of the Paris and the Tokyo memoranda on port state control will begin a joint concentrated inspection campaign with the purpose to ensure compliance with structural safety and the Load Line Convention. This inspection campaign will be held for three months starting Sept. 1.
The states party to the Viña del Mar Agreement, the Indian Ocean MOU, the Mediterranean MOU, and the Black Sea MOU will follow the same routine during the campaign. The background for this CIC is that, as an average for the last eight years, deficiencies related to structural safety and load lines account for 15-percent of the total number of deficiencies.
Furthermore, structural safety for ship types other than bulk carriers, and compliance with the Load Line Convention in general, has never been addressed with the special attention typical for a CIC. Yachts are grouped into this section of other vessel types.
During this campaign, Port State Control Officers (PSCOs) will verify applicable documents and aspects such as stability books, the protection of hatch openings, the condition of the hull, bulkheads, deck areas, and structural integrity in more detail.
For this purpose, PSCOs will be guided by a questionnaire listing a number of items to be covered during this concentrated inspection. The questionnaires were published on the Web sites of Paris MoU and Tokyo MoU at the beginning of August.
When deficiencies are found, actions by the port state may vary. These can range from recording a deficiency and instructing the master to correct within a certain period to detention of the yacht until deficiencies have been rectified.
In the case of a detention, publication in the monthly list of detentions available on the Paris MoU and Tokyo MoU websites will take place. The results of the campaign will be analyzed with the findings presented to the governing bodies of the MoUs for submission to the IMO.
Mandatory energy efficiency measures for international shipping adopted at IMO environment meeting
Mandatory measures to reduce emissions of greenhouse gases (GHGs) from international shipping were adopted by parties to MARPOL Annex VI. This was completed at the 62nd session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), in July at IMO headquarters in London.
This meeting represented the first ever mandatory global greenhouse gas reduction regime for an international industry sector.
The amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships, add a new chapter 4 on energy efficiency for ships. It makes mandatory the Energy Efficiency Design Index (EEDI) for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships.
Other amendments to Annex VI add new definitions and the requirements for survey and certification, including the format for the new International Energy Efficiency Certificate (IEEC).
The regulations apply to all ships of 400 gross tonnage and above and are expected to enter into force Jan. 1, 2013. As a reminder, for regulatory purposes, yachts are considered cargo ships. MARPOL applies to all vessels, both private and commercial yachts alike.
The EEDI is a non-prescriptive, performance-based mechanism that leaves the choice of technologies to use in a specific ship design to the industry. As long as the required energy-efficiency level is attained, ship designers and builders are free to use the most cost-efficient solutions for the ship to comply with the regulations. The SEEMP establishes a mechanism for operators to improve the energy efficiency of ships.
Two more flags ratify the ILO Maritime Labour Convention
Singapore ratified the International Labour Organization’s (ILO) Maritime Labour Convention, 2006 (MLC, 2006) with the full support of its tripartite partners – the seafarer unions and the National Trades Union Congress, as well as the maritime industry and the Singapore National Employers Federation.
In submitting the instrument of ratification, Mr. Loh Khum Yean, permanent secretary of Singapore’s Ministry of Manpower, stated: “Singapore is pleased to ratify the Maritime Labour Convention, 2006 with the full support of our tripartite partners. This is a significant step for Singapore, as we commit to applying the convention’s provisions to Singapore-registered ships and ships that call at our ports, as well as to achieve decent working conditions for seafarers."
Antigua and Barbuda became the third Caribbean country, after the Bahamas and Saint Vincent and the Grenadines, to ratify the MLC, 2006. Mr. Dwight Gardiner, permanent representative of Antigua and Barbuda to the International Maritime Organization, stated “the protection and promotion of workers’ rights is part of the ethos of the nation of Antigua and Barbuda, therefore the ratification of the MLC, 2006 is a significant event for this flag state. With over 90,000 seafarers serving on its vessels, Antigua and Barbuda by ratifying this convention demonstrates its commitment to ensuring that these seafarers and those on ships that call at our ports enjoy decent working conditions. The shipowners as well will be beneficiaries of this convention which promotes fair competition in this ever increasing competitive industry. We look forward to the imminent entry into force of this very important instrument.”
Antigua and Barbuda is ranked among the top 20 flag States, with over 1300 ships registered under its flag, representing more than 11 million gross tons.
With the ratification by Antigua and Barbuda of the MLC, 2006, 17 ILO member states have deposited with the ILO their instrument of ratification of this important convention, which establishes a level-playing field for shipowners while ensuring decent living and working conditions for the world’s more than 1.2 million seafarers.
While the first requirement for entry into force of the convention – coverage of 33-percent of the world gross tonnage – has already been attained, Antigua and Barbuda’s ratification is an important step toward achieving the second requirement: 30 ratifying countries. It is expected that the additional 13 ratifications will be obtained before the end of 2011, which would enable the MLC, 2006 to enter into force in 2012.
Paris MoU announces new target list
At its 44th meeting, the Paris MoU Committee approved the 2010 inspection results and adopted new performance lists for flag states and Recognized Organizations (ROs). The new lists took effect July 1.
The “black, grey, and white (BGW) lists” present the full spectrum, from quality flags to flags with a poor performance that are considered high or very high risk. It is based on the total number of inspections and detentions over a three year rolling period for flags with at least 30 inspections in the period.
The BGW lists for 2010 comprise a total number of 84 flags; 18 are on the black list, 24 on the grey list, and 42 on the white list. In 2009, the number of flags listed totaled 82 flags, with 24 on black, 19 on grey, and 39 on white.
Most flags that were categorized as very high risk in previous years remain so in 2010. The poorest performing flags are DPR Korea, Libyan Arab Jamahiriya, Togo, Sierra Leone, and Montenegro. New on the black list are the flags of Tanzania United Republic and Azerbaijan.
The Paris MoU also announced its performance listing of Recognized Organizations (ROs). These organizations have been delegated with statutory responsibilities by flag states. Among the best performers were:
1. Registro Italiano Navale (RINA)
2. American Bureau of Shipping (ABS)
3. Det Norske Veritas (DNV)
The lowest performing ROs were:
1. Phoenix Register of Shipping (PHRS)
2. Albanian Register of Shipping (RSA)
3. International Register of Shipping (IRS)
On July 1st, the new performance lists were incorporated into the process for calculating the ship risk profile.
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