MARLAW Topic 10 PDF

**MARLAW** **TOPIC 10** Other International Instruments related to Maritime Law and Maritime Labour including purpose, key features, and required documentation/ certificates STCW 1978, as Amended (Standards of Training, Certification, and Watchkeeping) **The 1978 STCW Convention** was the first...

**MARLAW** **TOPIC 10** Other International Instruments related to Maritime Law and Maritime Labour including purpose, key features, and required documentation/ certificates STCW 1978, as Amended (Standards of Training, Certification, and Watchkeeping) **The 1978 STCW Convention** was the first to establish basic requirements on training, certification and watchkeeping for seafarers on an international level. Previously the 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 standards and procedures varied widely, even though shipping is the most international of all industries.\ The Convention prescribes minimum standards relating to training, certification and watchkeeping for seafarers which countries are obliged to meet or exceed.\ \ The **STCW Convention** is a key international instrument that sets minimum standards for the training, certification, and watchkeeping of seafarers to ensure safety at sea. It was adopted in **1978** and has undergone several amendments to stay relevant with advancements in technology and best practices.\ \ Adoption: **7 July 1978**; Entry into force: **28 April 1984**; Major revisions in **1995 and 2010** **Purpose**: To establish minimum standards for the training and certification of seafarers and the watchkeeping responsibilities on ships to ensure their competency, leading to enhanced safety at sea and environmental protection. Contribution to Safety: By ensuring that seafarers are adequately trained and certified, the convention helps prevent accidents caused by human error, which is a leading cause of maritime incidents.\ Crew and Passenger Well-being: Properly trained crew can efficiently handle emergencies, perform safe navigation, and manage the overall safety of the vessel, providing a safer environment for both crew and passengers. Key Features: Training Requirements: Sets global minimum standards for various ranks and duties on board, ensuring that officers and crew are adequately trained for their specific roles. Certification: One key STCW Convention provision requires Parties to provide information to allow others to check the validity and authenticity of seafarers\' certificates of competency. This is important as unqualified seafarers holding fraudulent certificates of competency are a clear danger to themselves, others on board and the marine environment. Requires seafarers to hold valid certificates of competency and endorsements, ensuring they meet the requisite standards of training. Watchkeeping: Provides guidelines on rest hours and watchkeeping duties to prevent fatigue, which can compromise ship safety. Fitness for duty 1. Administrations shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of a ship. 2. All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than: a minimum of 10 hours of rest in any 24-hour period; and 77 hours in any 7-day period. 3. The hours of rest may be divided into no more than two periods, one of which shall be at least 6 hours in length, and the intervals between consecutive periods of rest shall not exceed 14 hours. 4. The requirements for rest periods laid down in paragraphs 2 and 3 need not be maintained in the case of an emergency or in other overriding operational conditions. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. 5. Administrations shall require that watch schedules be posted where they are easily accessible. The schedules shall be established in a standardized format in the working language or languages of the ship and in English. 6. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. 7. Administrations shall require that records of daily hours of rest of seafarers be maintained in a standardized format , in the working language or languages of the ship and in English, to allow monitoring and verification of compliance with the provisions of this section. The seafarers shall receive a copy of the records pertaining to them, which shall be endorsed by the master or by a per son authorized by the master and by the seafarers. Required Documentation/Certificates: Certificates of competency (CoC) and endorsements for officers and crew.\ Records of training and continued professional development.\ Seafarers' medical certificates attesting to their fitness to work at sea. Certification: Ensures that seafarers have the necessary certificates to perform their roles effectively and safely, contributing to secure and well-operated vessels. The officer in charge of the navigational or deck watch shall be duly qualified in\ accordance with the provisions of chapter II or chapter VII appropriate to the duties related to navigational or deck watchkeeping. The officer in charge of the engineering watch shall be duly qualified in accordance with the provisions of chapter III or chapter VII appropriate to the duties related to engineering\ watchkeeping. How It Helps: **Training and Competency**: Ensures all seafarers are properly trained and qualified for their jobs, which improves the overall safety of the ship.\ \ **Safety and Watchkeeping**: Helps prevent accidents by setting standards for rest periods and watch duties to avoid fatigue, a major cause of maritime accidents. ITC 1969 (International Tonnage Convention) The International Convention on Tonnage Measurement of Ships, 1969 (ITC 1969) is a global standard that establishes a uniform system for determining a ship\'s tonnage. Tonnage is a critical factor in ship regulations, safety standards, and operational aspects like port fees and canal dues.\ Adoption: 23 June 1969; Entry into force: 18 July 1982\ \ The Convention, adopted by IMO in 1969, was the first successful attempt to introduce a universal tonnage measurement system.\ \ Previously, various systems were used to calculate the tonnage of merchant ships. Although all went back to the method devised by George Moorsom of the British Board of Trade in 1854, there were considerable differences between them and it was recognized that there was a great need for one single international system.\ \ The Convention provides for gross and net tonnages, both of which are calculated independently.\ \ The rules apply to all ships built on or after 18 July 1982 - the date of entry into force - while ships built before that date were allowed to retain their existing tonnage for 12 years after entry into force, or until 18 July 1994. This phase-in period was intended to ensure that ships were given reasonable economic safeguards, since port and other dues are charged according to ship tonnage. At the same time, and as far as possible, the Convention was drafted to ensure that gross and net tonnages calculated under the new system did not differ too greatly from those calculated under previous methods. Gross tonnage and net tonnage The Convention meant a transition from the traditionally used terms gross register tons (grt) and net register tons (nrt) to gross tonnage(GT) and net tonnage (NT).\ \ Gross tonnage forms the basis for manning regulations, safety rules and registration fees. Both gross and net tonnages are used to calculate port dues.\ \ The gross tonnage is a function of the moulded volume of all enclosed spaces of the ship. The net tonnage is produced by a formula which is a function of the moulded volume of all cargo spaces of the ship. The net tonnage shall not be taken as less than 30 per cent of the gross tonnage.\ \ In maritime terminology, gross typically refers to the overall or total measurement of something, without any deductions or reductions. Net tonnage, the volume of a ships usable spaces for cargo and passengers, excluding non revenue generating areas like crew spaces.\ \ The International Convention on Tonnage Measurement of Ships, 1969 (ITC 1969) is a global standard that establishes a uniform system for determining a ship\'s tonnage. Tonnage is a critical factor in ship regulations, safety standards, and operational aspects like port fees and canal dues. Purpose: To provide a uniform system for measuring the tonnage of ships, which is critical for ship safety regulations, port fees, and determining the size and capacity of ships. Contribution to Safety: Accurately determining a ship's tonnage is critical for applying safety regulations, such as the number of lifesaving appliances, stability requirements, and permissible load limits. Crew and Passenger Comfort: The correct tonnage measurement also impacts the design of spaces on board, contributing to a comfortable and safe layout for those on the ship. Key Features: Gross Tonnage (GT) and Net Tonnage (NT): Establishes the methods for calculating a ship's gross and net tonnage, affecting the ship\'s safety equipment requirements and manning levels. Measurement of Ships: Harmonizes the way ships\' capacities are measured, ensuring fairness in international maritime commerce and port operations. Required Documentation/Certificates: International Tonnage Certificate (ITC): Verifies that the ship's tonnage has been measured in accordance with the convention\'s standards. How It Helps: Standardized Measurement: Provides a uniform way to measure ships\' sizes, which ensures that safety regulations are applied fairly and proportionally. Ship Capacity and Safety Requirements: The size of the ship affects safety measures (like lifeboats, crew numbers, and equipment), so this ensures the ship meets those safety needs based on its tonnage. COSWP (Code of Safe Working Practices for Merchant Seafarers) The Code of Safe Working Practices for Merchant Seafarers (COSWP) is a comprehensive guide issued by the UK\'s Maritime and Coastguard Agency (MCA) that provides practical advice on safety for seafarers on board merchant ships. Though not an international convention, it is widely used as a reference for best practices in maintaining a safe working environment on ships, and its principles align with international maritime safety regulations.\ \ The Code of Safe Working Practices for Merchant Seafarers (COSWP) is primarily intended for UK-registered ships, as it is issued by the UK\'s Maritime and Coastguard Agency (MCA). It provides guidance on safety standards and practices for seafarers working aboard UK-flagged vessels, focusing on minimizing risks and promoting safe working environments.\ \ However, COSWP is widely recognized and can be used as a reference for best practices on non-UK ships as well. While it is not legally binding for vessels registered in other countries, shipowners, operators, and seafarers from various jurisdictions may still use COSWP as a benchmark for safety practices, particularly in the absence of similar comprehensive codes in their own countries. **\ **This Code is published by the Maritime and Coastguard Agency (MCA) and endorsed by the National Maritime Occupational Health and Safety Committee, UK Chamber of Shipping, Nautilus International and the National Union of Rail, Maritime and Transport Workers (RMT) as best practice guidance for improving health and safety on board ship.\ \ It is intended primarily for merchant seafarers on UK-registered ships. The Code is addressed to everyone on a ship **[regardless of rank or rating]**, and to those ashore responsible for safety, because the recommendations can be effective only if they are understood by all, and if\ everyone cooperates in their implementation. Those not actually engaged in a job in hand should be aware of what is being done, so that they may avoid putting themselves at risk or causing risk to others by impeding or needlessly interfering with the conduct of their work. The Code covers the regulatory framework and provides best practice guidance for health and safety on board ship. It also gives guidance on safety management, identifies statutory duties underlying the advice and includes practical information for safe working on board.**\ \ **From 2024 onwards, this document reflects a large-scale review of the Code, which aimed to improve the functionality of the Code as a reference document for seafarers. As a result of this review, the MCA has redesigned and modernized the Code to improve its structure, ensure consistency and simplify its language. The use of recurring design features will enable quicker reference and generally aid understanding, making it clearer and easier to follow. You may wish to refer to 'How to use this document', which outlines key features to help you make the most of this document. In addition, there is a change to the physical format of the document from looseleaf to bound, to improve the end-user experience, remove the yearly manual updating process and seek a more cost-effective and sustainable solution. Purpose: To provide safety guidelines and procedures aimed at reducing accidents and injuries aboard ships, promoting a safe working environment for crew members. Key Features: Health and Safety Procedures: Outlines practices for dealing with hazardous situations, ensuring crew safety during operational tasks. Emergency Procedures: Provides detailed protocols for emergencies, including fire, man overboard, and lifeboat drills. Personal Protective Equipment (PPE): Guidelines on using PPE, ensuring crew safety while performing high-risk jobs. Required Documentation/Certificates: No formal certificates, but ships are expected to have the latest version of the COSWP onboard for reference and implementation of safe practices. How It Helps: Safe Working Practices: Offers practical guidance on how to work safely on ships, reducing accidents and injuries. Health and Safety Procedures: Provides rules on personal safety gear, safe access to dangerous areas, and proper emergency response, contributing to a healthier, safer work environment. ISPS\ (International Ship and Port Facility Security Code) ISPS stands for the International Ship and Port Facility Security Code. It is a set of security measures and protocols adopted under the International Convention for the Safety of Life at Sea (SOLAS) to enhance the security of ships and port facilities, particularly against threats like terrorism and piracy.\ \ Having entered into force under SOLAS chapter XI-2, on 1 July 2004, the International Ship and Port Facility Security Code (ISPS Code) has since formed the basis for a comprehensive mandatory security regime for international shipping. The Code is divided into two sections, Part A and Part B. Mandatory Part A outlines detailed maritime and port security-related requirements which SOLAS contracting governments, port authorities and shipping companies must adhere to, in order to be in compliance with the Code. Part B of the Code provides a series of recommendatory guidelines on how to meet the requirements and obligations set out within the provisions of Part A. The main objectives of the ISPS Code include: Establishment of an international framework that fosters cooperation between Contracting Governments, Government agencies, local administrations and the shipping and port industries, in assessing and detecting potential security threats to ships or port facilities used for international trade, so as to implement preventive security measures against such threats.\ \ Determining the respective roles and responsibilities of all parties concerned with safeguarding maritime security in ports and on board ships, at the national, regional and international levels;\ \ To ensure that there is early and efficient collation and exchange of maritime security-related information, at national, regional and international levels;\ \ To provide a methodology for ship and port security assessments, which facilitates the development of ship, company and port facility security plans and procedures, which must be utilized to respond to ships\' or ports\' varying security levels; and\ \ To ensure that adequate and proportionate maritime security measures are in place on board ships and in ports.\ \ In order to achieve the above objectives, SOLAS contracting governments, port authorities and shipping companies are required, under the ISPS Code, to designate appropriate security officers and personnel, on each ship, port facility and shipping company. These security officers, designated Port Facility Security Officers (PFSOs), Ship Security Officers (SSOs) and Company Security Officers (CSOs), are charged with the duties of assessing, as well as preparing and implementing effective security plans that are able to manage any potential security threat. IMO is able to provide support to Member states in need of assistance in implementing the Code, by way of national and regional workshops, seminars, needs assessment missions, etc. The ISPS Code focuses on: Prevention of security incidents that may affect ships or port facilities.\ \ Standardized security measures for assessing and responding to potential risks.\ \ Roles and responsibilities for security within shipping companies, ships, and port facilities. It was introduced by the International Maritime Organization (IMO) in response to growing concerns about global maritime security post-9/11. Purpose: To enhance the security of ships and port facilities against terrorism and other unlawful acts, ensuring the safety and security of passengers, crew, and cargo. Key Features: Security Levels: Establishes different security levels for ships and port facilities, requiring increased security measures based on risk. Ship Security Plan (SSP): Ships must develop and implement security plans that address possible threats and responses. Ship Security Officer (SSO): Ships must designate a security officer responsible for implementing and maintaining the ship's security measures. Required Documentation/Certificates: International Ship Security Certificate (ISSC): Certifies that the ship complies with the ISPS Code.\ Ship Security Plan (SSP) and associated records. How It Helps: Security Measures: Requires ships and ports to assess and address security threats, reducing risks such as piracy, terrorism, or unlawful acts. Ship Security Plans: Ensures ships have a security plan in place, with designated security officers responsible for maintaining security onboard, making the environment safer for both crew and passengers. PAL 1974,\ as Amended (Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea) The Palermo Protocol 1974 (PAL 1974), formally known as the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, is an international legal instrument that regulates the liability of carriers in the event of passenger injury or loss of luggage during sea travel. It has been amended several times to strengthen the protection of passengers.\ \ Adoption: 13 December 1974; Entry into force: 28 April 1987; 2002 Protocol: Adoption: 1 November 2002; Entry into force: 23 April 2014\ \ The Convention was adopted at a Conference, convened in Athens in 1974 and was designed to consolidate and harmonize two earlier Brussels conventions dealing with passengers and luggage and adopted in 1961 and 1967 respectively. The Convention establishes a regime of liability for damage suffered by passengers carried on a seagoing vessel. It declares a carrier liable for damage or loss suffered by a passenger if the incident causing the damage occurred in the course of the carriage and was due to the fault or neglect of the carrier. However, unless the carrier acted with intent to cause such damage, or recklessly and with knowledge that such damage would probably result, he can limit his liability.  For the death of, or personal injury to, a passenger, this limit of liability is set at 46,666 Special Drawing Rights (SDR)  per carriage. The 2002 Protocol, when it enters into force, will introduce compulsory insurance to cover passengers on ships and substantially raise those limits to 250,000 SDR per passenger on each distinct occasion..\  \ As far as loss of or damage to luggage is concerned, the carrier\'s limit of liability varies, depending on whether the loss or damage occurred in respect of cabin luggage, of a vehicle and/or luggage carried in or on it, or in respect of other luggage.\  \ The 1976 Protocol made the unit of account the Special Drawing Right (SDR), replacing the \"Poincaré franc\", based on the \"official\" value of gold, as the applicable unit of account.\  \ The 1990 Protocol was intended to raise the limits set out in the convention but it did not enter into force and was superseded by the 2002 Protocol.\ \ In the context of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL Protocol), SDRs are used to calculate the limits of liability for shipowners regarding claims for death, personal injury, or loss/damage to luggage.( international reserve asset)\ \ The Protocol introduces compulsory insurance to cover passengers on ships and raises the limits of liability. It also introduces other mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. These include replacing the fault-based liability system with a strict liability system for shipping related incidents, backed by the requirement that the carrier take out compulsory insurance to cover these potential claims. The limits contained in the Protocol set a maximum limit, empowering - but not obliging - national courts to compensate for death, injury or damage up to these limits.\ \ The Protocol also includes an \"opt-out\" clause, enabling State Parties to retain or introduce higher limits of liability (or unlimited liability) in the case of carriers who are subject to the jurisdiction of their courts. Relation to Maritime Labour: Though PAL 1974 is primarily focused on passenger rights and liabilities in maritime law, it indirectly interacts with the broader framework of maritime labour law by setting out responsibilities for shipowners, safety standards, and the rights of those onboard the ship. It exists alongside instruments like the Maritime Labour Convention (MLC) which focuses more on crew rights and working conditions. Purpose: To establish a legal framework for the liability of carriers in the event of death, injury, or loss/damage to passengers\' luggage on ships. Key Features: Scope: It applies to international carriage if the ship\'s journey involves ports of different countries, or if the contract of carriage specifies the application of the convention. Carrier Liability: Holds the carrier responsible for accidents occurring during carriage if negligence is proven. Passenger Liability: The convention establishes a framework for holding shipowners liable for damages in the event of death or personal injury of passengers, with mandatory insurance and limits on compensation. Passenger Compensation: Establishes compensation limits for injury, death, or luggage loss based on the tonnage of the ship. Limits on Liability: The convention sets financial limits for the carrier\'s liability, although these limits may increase based on amendments or additional agreements between states. Insurance: Requires carriers to maintain adequate insurance coverage for passengers\' claims. Required Documentation/Certificates: Passenger insurance certificates.\ Claims records related to passenger incidents. How It Helps: Passenger Protection:\ Establishes clear rules on the carrier's responsibility in case of death, injury, or loss of luggage, ensuring passengers are compensated in case of accidents or mishaps.\ \ Liability and Compensation:\ Encourages shipowners to maintain high safety standards to minimize incidents that could lead to costly claims. MLC 2006 (Maritime Labour Convention) The Maritime Labour Convention, 2006 (MLC 2006) is an international treaty adopted by the International Labour Organization (ILO) to protect the rights of seafarers and ensure fair working conditions for them. Often referred to as the \"Seafarers\' Bill of Rights,\" the MLC 2006 aims to improve working and living conditions for seafarers and create a level playing field for shipowners and operators in terms of labor standards.\ \ Known as the \"seafarers\' bill of rights,\" the MLC 2006 aims to ensure decent working and living conditions for seafarers, promoting their well-being and protection.\ \ The Maritime Labour Convention, 2006, as amended, (MLC, 2006), was adopted by the 94th (Maritime) Session of the International Labour Conference (ILC) on 23 February 2006. It is a comprehensive international labour Convention that was adopted by the International Labour Conference (ILC) of the ILO, under article 19 of its Constitution, at a maritime session in February 2006 in Geneva, Switzerland.\ \ It entered into force -- that is, it became binding international law -- on 20 August 2013. Its Code was amended in 2014, 2016 and 2018. The MLC, 2006 sets out seafarers' rights to decent conditions of work and helps to create conditions of fair competition for shipowners. It is intended to be globally applicable, easily understandable, readily updatable and uniformly enforced.\ \ The MLC, 2006 has been designed to become a global legal instrument that will be the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO), such as the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), the International Convention on Standards of Training, Certification and Watchkeeping, 1978, as amended (STCW), and the International Convention for the Prevention of Pollution from Ships, 73/78 (MARPOL). The MLC, 2006 contains a comprehensive set of global standards, based on those that are already found in the maritime labour instruments (Conventions and Recommendations) adopted by the ILO between 1920 and 1996. It brings all except four 13 of the existing maritime labour instruments (international labour standards) together in a single Convention that uses a new format, with some updating, where necessary, to reflect modern conditions and language. The Convention "consolidates" and revises the existing international law on all these matters. This Convention revises and consolidates 37 existing Conventions and the related Recommendations. The MLC, 2006, uses a new format with some updating, where necessary, to reflect modern conditions and language. In this manner, it sets out, in a single instrument, the right of the world's 1.5 million seafarers to decent conditions of work in almost every aspect of their working and living conditions, including minimum age, employment agreements, hours of work and rest, payment of wages, paid annual leave, repatriation, on board medical care, the use of recruitment and placement services, accommodation, food and catering, health and safety protection and accident prevention, and complaint procedures for seafarers. The Convention, known as "MLC, 2006" came into force on 20 August 2013 -- effectively becoming binding in international law -- and established minimum working and living standards for all seafarers on those ships. What's more, it is also an essential step toward ensuring fair competition and a level-playing field for quality shipowners. Purpose: The MLC 2006 was established to:\ Set global standards for seafarers\' working and living conditions. Ensure that seafarers have access to fair employment, health protection, and welfare standards, irrespective of their nationality and the flag their ship flies.\ Promote decent work and improve the social and economic standing of seafarers. Key Features: Seafarers\' Employment Contracts: Regulates minimum wages, working hours, rest periods, and repatriation rights. Living Conditions: Establishes standards for accommodation, food, and recreational facilities onboard. Medical Care: Mandates the provision of medical care, health protection, and welfare measures for seafarers both onboard and ashore. Required Documentation/Certificates: Maritime Labour Certificate:\ Confirms compliance with the MLC standards.\ \ Declaration of Maritime Labour Compliance (DMLC):\ Provides details on how the ship complies with the convention's requirements.\ Employment contracts and crew medical certificates. How It Helps: Seafarer Welfare: Sets minimum standards for working conditions, including fair wages, reasonable working hours, and decent accommodation, food, and medical care. Living and Working Conditions: Ensures that seafarers have safe, hygienic, and comfortable living conditions on board, protecting their health and well-being. **TOPIC 11** Other International Instruments related to the realization of an efficient shipping transport including purpose, key features, and required documentation/ certificates a. FAL 1965, as amended b. LLMC 1976 c. Marine Insurance, Liability, and Protests FAL 1965, as amended The 1965 Convention on Facilitation of International Maritime Traffic (FAL 1965) aims to streamline procedures for international shipping by reducing formalities, simplifying documentation, and expediting the movement of ships, passengers, and cargo. Below is a detailed overview of its key provisions, articles, and the standards set forth for the facilitation of international maritime traffic. Overview and Purpose of the Convention Adoption and Objective: The Convention was adopted in London on April 9, 1965, with the goal of facilitating maritime traffic by reducing bureaucratic hurdles and expediting procedures for ships involved in international voyages. Focus: It focuses on minimizing delays for ships, passengers, and cargo, promoting uniformity in formalities, documents, and procedures to create a seamless maritime transport system. Article I (Purpose) Contracting Governments agree to adopt measures that ease international maritime traffic and minimize delays. This includes ensuring that ships, passengers, and cargo can be processed quickly through various procedures required for international trade. Article II (Cooperation) Governments pledge to work together to implement uniform measures for the arrival, stay, and departure of ships. The goal is to ensure that formalities are no less favorable than those applied to other transportation methods. Article III (Uniformity) Governments aim to standardize procedures, documents, and formalities to improve the efficiency of international maritime operations. Article IV (Collaboration with IMO) The Convention encourages collaboration with the Inter-Governmental Maritime Consultative Organization (IMCO, now known as IMO) to implement uniform procedures and maintain high standards. Article V (Flexibility) Governments have the discretion to adopt broader facilities or temporary measures for public health and safety without being limited by the Convention's provisions. Article VI (Definitions) The Convention differentiates between: Standards: Mandatory procedures that contracting governments must follow. Recommended Practices: Optional yet desirable actions that governments are encouraged to implement. Article VII (Amendments) Amendments to the Annex can be proposed by any Contracting Government or through a conference. Amendments become effective six months after acceptance by a majority of Contracting Governments, ensuring that updates keep pace with the changing needs of international shipping. Article VIII (Non-compliance and Notifications) If a government cannot fully comply with a Standard, it must notify the Secretary-General, explaining the reasons for non-compliance. Governments are also encouraged to align with Recommended Practices to the extent possible. Standards and Recommended Practices for Ship Procedures Arrival, Stay, and Departure of Ships Public authorities should streamline the formalities required of shipowners upon arrival, stay, and departure, such as: General Declaration: Basic information about the ship, its voyage, and crew. Cargo Declaration: Details of cargo on board, including dangerous goods. Crew and Passenger Lists: Information about crew and passengers to facilitate customs and immigration procedures. Authorities are encouraged to limit the retention of ship documents and should not require duplicative submissions. Documentation Requirements Documents typically required include: General Declaration Cargo Declaration Ship's Stores Declaration Crew's Effects Declaration Crew List Passenger List Maritime Declaration of Health Authorities should accept signed declarations from the master or an authorized representative and allow alternative documents like manifests if they contain equivalent information. Facilitation of Port Services Standards emphasize that authorities should collaborate with shipowners and port administrations to reduce the time ships spend in port. The Convention recommends providing port services like customs and immigration at reasonable costs and minimizing formalities for ships calling at multiple ports within the same state. Special Provisions for Passenger and Crew Clearance Passenger Documentation Passengers must present a valid passport as their main identity document. Public authorities should minimize the need for additional documentation and simplify identity checks through Embarkation/Disembarkation Cards. Crew Documentation A seafarer's identity document or passport should be accepted for crew members\' clearance. Shore leave should be facilitated without requiring additional permits, as long as general entry formalities have been completed. Special Measures for Emergency Medical Treatment Ships calling at ports for medical emergencies should be given priority for berthing and treatment of ill or injured persons. Required documentation should be minimized in such cases to expedite assistance. Handling Cargo and Customs Simplification of Cargo Handling Public authorities are encouraged to establish efficient systems for moving cargo between warehouses and customs areas. Temporary importation of containers and pallets should be permitted without customs duties to promote seamless maritime operations. Handling of Errors in Documentation Authorities should allow corrections of errors in documentation without penalties if identified before the final verification. This flexibility supports the efficient processing of cargo and reduces delays. Facilitation of Humanitarian Efforts The Convention includes provisions to facilitate the entry and clearance of ships engaged in disaster relief operations. This ensures that ships carrying humanitarian aid or involved in emergency response are processed quickly. The 1965 Convention on Facilitation of International Maritime Traffic plays a crucial role in simplifying the complex web of documentation and procedures involved in international maritime transport. By promoting standardized practices, flexibility in documentation, and efficient clearance procedures, it aims to improve the flow of global trade while maintaining the necessary checks and balances for security, health, and safety. The convention emphasizes minimizing delays for ships, passengers, and cargo through streamlined procedures. It encourages uniformity in documentation and handling, making international maritime operations smoother and more efficient. Convention on Limitation of Liability for Maritime Claims (LLMC Convention) The Convention on Limitation of Liability for Maritime Claims (LLMC), adopted in 1976 and supplemented by the 1996 Protocol, is an important international instrument that assists in achieving efficiency in shipping transport by providing a framework for limiting the liability of shipowners and operators for certain types of claims. Chapter I: The Right of Limitation Article 1: Defines who can limit liability, including shipowners (owners, charterers, managers, and operators of seagoing ships) and salvors (individuals performing salvage operations). These parties can invoke limitations for specific claims and can benefit from liability limitations based on the actions of those they are responsible for. Article 2: Lists claims subject to limitation, including personal injury, property damage, cargo delays, and costs associated with salvage operations. It clarifies that certain claims (salvage, oil pollution, nuclear damage) are exempt from limitations. Article 3: Specifies claims that cannot be limited, such as salvage claims, oil pollution damage, nuclear damage, and claims from employees of shipowners or salvors under certain conditions. Article 4: States that limitations cannot be claimed if the loss resulted from the liable party's intentional or reckless actions. Article 5: Discusses counterclaims, allowing for set-offs against claims subject to limitation. Chapter II: Limits of Liability Article 6: Outlines the general limits for liability based on the tonnage of the ship and nature of claims, providing specific monetary limits for personal injury and other claims. Article 7: Sets a specific limit for passenger claims, calculated based on the number of passengers a ship is authorized to carry. Article 8: Defines the "Unit of Account" as the Special Drawing Right (SDR) by the International Monetary Fund, which states can convert into their national currencies. Article 9: Discusses the aggregation of claims, ensuring that all claims arising from a single incident are addressed under the same liability limits. Article 10: States that limitation of liability can be invoked even without constituting a limitation fund, although national laws may impose requirements. Chapter III: The Limitation Fund Article 11: Explains how to constitute a limitation fund, including the required sum and interest for claims subject to limitation. This fund must be specifically available for claims where liability can be limited. Article 12: Details the distribution of the fund among claimants based on established claims and outlines rights of subrogation for any claims settled before distribution. Article 13: Establishes that once a limitation fund is constituted, any claims against it are barred from further legal actions. Here's how the LLMC 1976 contributes to efficient shipping transport 1.Encouraging Investment and Innovation Limited Liability: By allowing shipowners to limit their liability for maritime claims, the LLMC encourages investment in the shipping industry. Investors are more likely to finance new ships and technologies if they know their financial exposure is capped in the event of a maritime incident. Fostering Innovation: With reduced risk, shipping companies can invest in innovative technologies and practices that improve efficiency, safety, and environmental sustainability. 2\. Providing Certainty and Predictability Legal Framework: The LLMC establishes clear rules regarding the maximum amounts of compensation that can be claimed for certain types of damages (e.g., loss of life, personal injury, and property damage). This clarity provides assurance to shipowners and operators, allowing them to assess risks and plan their operations accordingly. Predictable Insurance Costs: The ability to limit liability can lead to more stable and predictable insurance costs, which is essential for financial planning in shipping operations. 3\. Facilitating Fairness and Equitable Distribution of Claims Equitable Distribution: The LLMC ensures that claims are handled fairly, with limitations preventing excessive claims that could jeopardize the viability of shipping companies. This promotes a balanced approach to liability and damages. Compensation Distribution: By setting limits on claims, the LLMC aids in the equitable distribution of compensation among claimants, reducing the risk of a single claimant exhausting the resources of a shipowner. 4\. Promoting Maritime Safety and Responsibility Encouragement of Safety Standards: The LLMC incentivizes shipowners to adhere to safety standards and best practices since their liability is limited. It encourages the adoption of safety measures, which ultimately leads to fewer accidents and claims. Regulatory Compliance: By adhering to the LLMC framework, shipping companies are often motivated to comply with international regulations and standards that enhance maritime safety, thus fostering a culture of responsibility. 5\. Reducing Litigation and Administrative Burdens Simplified Claims Process: The limitation of liability can streamline the claims process, reducing the complexity and duration of litigation related to maritime incidents. This can lead to quicker resolutions and less burden on judicial systems. Cost-Effective Dispute Resolution: By providing a clear framework for claims, the LLMC reduces the likelihood of extensive legal disputes, allowing shipping companies to focus on their core operations rather than prolonged litigation. 6\. International Harmonization Global Standardization: The LLMC promotes a harmonized approach to liability limitations across jurisdictions, facilitating international trade and shipping. This uniformity is essential for a global industry where ships operate in multiple jurisdictions. Confidence in International Shipping: With a consistent legal framework, shipowners and operators can engage in international shipping with greater confidence, knowing the rules governing liability are understood and accepted globally. The LLMC 1976 plays a crucial role in creating a more efficient and predictable shipping environment. By limiting liability, promoting safety, and facilitating fair compensation, the LLMC encourages investment, innovation, and operational efficiency within the maritime industry. This ultimately contributes to the overall effectiveness of global shipping transport, enhancing its role in international trade and economic development. International instruments related to marine insurance, liability, and protests 1\. Marine Insurance  covers the risks associated with maritime transport, protecting shipowners, cargo owners, and other stakeholders against potential financial losses due to incidents such as shipwrecks, cargo damage, and liability claims. Key instruments in this area include: International Convention on the Unification of Certain Rules of Law Relating to Bills of Lading (Hague-Visby Rules): This convention sets out minimum standards for the liability of carriers concerning the loss or damage of cargo during transit. By establishing uniform rules, it fosters confidence among parties involved in shipping transactions and reduces disputes. Institute Cargo Clauses: These clauses provide standard terms for marine insurance policies, ensuring that cargo is protected against specific risks. By clarifying coverage, they help cargo owners assess their insurance needs, leading to a more efficient allocation of resources and risk management. 2\. Liability Regimes Various international agreements establish liability frameworks that govern the responsibilities of shipowners, operators, and other parties. Some important instruments include: Convention on Limitation of Liability for Maritime Claims (LLMC): This convention allows shipowners to limit their liability for claims related to personal injury, loss of life, and property damage. By capping financial exposure, it encourages investment in shipping and facilitates the efficient operation of maritime transport. International Convention on Civil Liability for Oil Pollution Damage (CLC): This instrument establishes a liability regime for oil pollution damage, requiring shipowners to carry insurance that covers potential claims. By ensuring that victims of oil spills can seek compensation, it promotes accountability and encourages safer operational practices. 3\. Protests and Documentation Protests are formal statements made by shipmasters to document any incidents affecting the ship\'s safety, cargo, or voyage. Key aspects include: International Convention on Maritime Liens and Mortgages: This convention recognizes maritime liens, which protect claims against a vessel for unpaid services. It reinforces the importance of protests in safeguarding the interests of those providing services to ships, such as repairers and suppliers. Uniform Customs and Practice for Documentary Credits (UCP): Although primarily related to trade finance, UCP facilitates international transactions by providing standardized rules for documentary credits. This consistency aids in the resolution of disputes and fosters trust in shipping transactions. Overall, international instruments related to marine insurance, liability, and protests create a legal framework that enhances predictability and security in shipping transport. By clearly defining rights and obligations, they mitigate risks, encourage compliance with safety standards, and foster a culture of accountability. This, in turn, leads to more efficient and reliable maritime operations, ultimately benefiting global trade and commerce. **TOPIC 12** CLASSIFICATION SOCIETY A ship classification society or ship classification organization is a non-governmental organization that establishes and maintains technical standards for the construction and operation of ships and offshore structures. Classification societies certify that the construction of a vessel complies with relevant standards and carry out regular surveys in service to ensure continuing compliance with the standards. Currently, more than 50 organizations describe their activities as including marine classification, twelve of which are members of the International Association of Classification Societies. A classification certificate issued by a classification society recognized by the proposed ship register is required for a ship\'s owner to be able to register the ship and to obtain marine insurance on the ship, and may be required to be produced before a ship\'s entry into some ports or waterways, and may be of interest to charterers and potential buyers. To avoid liability, classification societies explicitly disclaim responsibility for the safety, fitness for purpose, or seaworthiness of the ship, but is a verification only that the vessel is in compliance with the classification standards of the society issuing the classification certificate Classification societies also issue International Load Line Certificates in accordance with the legislation of participating states giving effect to the International Convention on Load Lines (CLL 66/88). Maritime classification societies were born out of a need to ensure the continued safety and security of the maritime domain with respect to vessels and various marine aiding constructions. Thus, the role of a classification society is quite set and of utmost importance. Without classification societies for ships, there would be no benchmark or guideline standards for vessels and other constructions. The Initiation The initial practice by a group of merchant marine underwriters to try and develop a distinct module for the assessment of ships in the mid-1700s in London, England, led to the formation of the first classification society. This module involved assigning various notational systems for vessels so that the insurance processes could be aided in case of any problems arising later on. Since these marine underwriters used to assemble at a coffee house called Lloyd's Coffee House, the compilation of their notations and specifications became known as the Lloyd's Register, which officially came into existence in 1764. In the following years, various other classification societies for ships came to the forefront, like Det Norske Veritas in 1864, Germanischer Lloyd in 1867, and Bureau Veritas in 1828. Role and Significance of a Classification Society At present, more than 50 classification societies exist. A classification society must notate grades or classes for vessels, vessel structuring, maintenance, and the structuring aspect of various constructions located on the high seas. However, the core point is that while a ship classification society annotates the necessary classification, it's not an official body per se. Because of this, classification societies do not take any responsibility in case vessels do not meet the prescribed standards and encounter an accident. At the same time, though, the conventions of UNCLOS and SOLAS have made special provisions to specify that vessels need to be classed in the interests of the shipping community. A specific association of classification societies is known as the IACS (International Association of Classification Societies). A classification society needs to comply with its stipulations to join this association. A senior official of each of the 50 classification societies represents his society in the IACS. Similarly, while each classification society has its own charter of rules and regulations, all the members of the IACS lay down some common grounds. Duties and Responsibilities of the Classification Society Coming up with a detailed notational system for the vessels and constructions to be graded. The Classification Society approves, plans, examines parts, and tests materials during the construction of hull machinery, equipment (anchors, chain cables, mooring repairs, and wire winches), and, where necessary, refrigerating machinery. Ensuring that the vessels and constructions comply with this grading system by carrying out appropriate appraisals Assigning the required class or grade to a vessel and continued appraisals to ensure the vessel's adherence to the prescribed class notations. After satisfactory surveys and sea trials, the society issues certificates of class, which are kept on board the ship, and enters the particulars of the ship in its register. For a ship whose refrigerating machinery is classed with the society, the society may be asked to conduct the loading port survey on this machinery, and where convenient, this survey may be combined with the periodic classification survey. With the advent of the harmonized system of surveys and certification, classification surveys are now held concurrently with the Load line, Solas, and Marpol service. Carrying an underwater survey instead of one of the two docking surveys is required every 5 years for ships less than 15 years old and beam more than 30 m with suitable protective paint underwater. Survey of the inert gas system annually and a special survey of the inert gas plant every 5 years. On completion of a survey, a class surveyor normally issues an interim (provisional) certificate of class, which permits the vessel to sail. The surveyor then sends the survey report and recommendation to the society's committee, which issues a new certificate of class in due course. If requested, the Classification Society also surveys and grants certificates to cargo handling equipment. At the ship owner's request, the society may establish a quality management system for the company according to the ISM code and conduct periodic external audits. Responsibilities Classification societies set technical rules based on experience and research, confirm that designs and calculations meet these rules, survey ships and structures during the process of construction and commissioning, and periodically survey vessels to ensure that they continue to meet the rules. Classification societies are also responsible for classing oil platforms, other offshore structures, and submarines. This survey process covers diesel engines, important shipboard pumps and other vital machinery. Since the 1950s, the USSR (now Russian) Register of Shipping has classified nuclear ships, the only classification society to do so. Classification surveyors inspect ships to make sure that the ship, its components and machinery are built and maintained according to the standards required for their class. Today Currently, more than 50 organizations worldwide describe their activities as including marine classification, some of which are listed below. Twelve of these are members of the International Association of Classification Societies. The largest are DNV, the American Bureau of Shipping, Nippon Kaiji Kyokai (ClassNK) and Lloyd\'s Register.\[1\] Classification societies employ naval architects, ship surveyors, material engineers, piping engineers, mechanical engineers and electrical engineers, often located at ports and office buildings around the world. Marine vessels and structures are classified according to the soundness of their structure and design for the purpose of the vessel. The classification rules are designed to ensure an acceptable degree of stability, safety, environmental impact, etc. List of classification societies Classification societies play a crucial role in ensuring a ship\'s compliance with relevant conventions, regulations, and international agreements by providing technical expertise and conducting rigorous inspections throughout the ship\'s lifecycle. Here's how they ensure compliance: 1\. Interpretation and Implementation of International Standards: Classification societies help interpret and apply the standards set by international conventions and treaties, such as: SOLAS (Safety of Life at Sea) MARPOL (International Convention for the Prevention of Pollution from Ships) Load Line Convention STCW (Standards of Training, Certification, and Watchkeeping for Seafarers) These conventions outline safety, environmental protection, and operational standards that ships must adhere to. 2\. Surveys and Inspections: Classification societies carry out surveys and inspections at different stages of a ship\'s life to ensure compliance: Initial surveys: During the design and construction phase, classification societies verify that the ship is built to meet international standards. Periodic surveys: Regular inspections are conducted at intervals, such as annual or intermediate surveys, to ensure the ship continues to comply with safety, environmental, and operational standards. Special surveys: Typically conducted every five years, these thorough inspections assess the ship's overall condition. These surveys help ensure that ships meet not only class rules but also the specific requirements of relevant international regulations. 3\. Certification: Upon successful completion of surveys, classification societies issue various certificates required for the ship to operate legally. These include: International Tonnage Certificate (under the Tonnage Convention) International Oil Pollution Prevention Certificate (under MARPOL) Safety Construction Certificate, Safety Equipment Certificate, etc. (under SOLAS) These certificates demonstrate that the ship complies with international regulations. Without these, ships cannot operate legally in international waters. 4\. Flag State and Port State Compliance: Classification societies often act on behalf of Flag States (the country under which the ship is registered) by conducting inspections and issuing certificates of compliance. Many flag states delegate some or all of their responsibilities for enforcing maritime conventions to classification societies. Additionally, classification societies help ships prepare for Port State Control (PSC) inspections in foreign ports. These are checks conducted by port authorities to verify compliance with international conventions. Ships that are non-compliant may be detained, fined, or denied entry into port. 5\. Plan Approval and Design Review: Before a ship is built, classification societies review and approve the ship\'s design to ensure that it meets international and national standards. They evaluate: Structural strength Machinery systems Stability and safety systems Pollution prevention measures By approving these plans, classification societies help ensure that the ship will comply with conventions like SOLAS and MARPOL from the outset. 6\. Risk Management and Safety Culture: Classification societies also work closely with shipowners and operators to promote a culture of safety and risk management. They provide guidelines and advisory services to ensure the ship's crew is trained and familiar with emergency procedures, safety equipment, and pollution prevention. 7\. Auditing and Certification of Management Systems: Classification societies conduct audits of the ship's management systems, ensuring compliance with standards like the ISM Code (International Safety Management) and ISPS Code (International Ship and Port Facility Security). These audits check that the ship has: An effective safety management system Proper procedures for dealing with emergencies Adequate security measures Ships are issued with corresponding certificates, such as the Document of Compliance (DoC) and Safety Management Certificate (SMC). 8\. Environmental Compliance: In addition to safety, classification societies ensure that ships comply with environmental standards set by MARPOL, the Ballast Water Management Convention, and others. This includes the prevention of: Oil spills Air pollution (e.g., through compliance with IMO\'s sulfur emission regulations) Ballast water management to prevent invasive species Compliance with these environmental regulations is critical for protecting marine ecosystems and avoiding penalties or operational restrictions. Top 10 Classification Societies In The World Ship Classification Societies set the technical and operational standards for different kinds of ships, carriers and offshore structures concerning their design, construction, surveying and testing, after which the vessels are given a class certificate. List of some of the world's biggest and most prominent classification societies. 1\. DNV- Det Norske Veritas \- The biggest classification society Det Norske Veritas, earlier known as the DNV GL, is the largest classification society in the world. It was founded in 2013 after two prominent classification societies, namely the Det Norske Veritas, based in Norway and the Germanischer Lloyd, headquartered in Germany, were merged into one entity. In 2021, DNV GL shed its last name and was renamed DNV while it continued with its older organizational and functional structure. It has set specific standards for ships and offshore vessels known as class rules. 2\. Class NK or Nippon Kaiji Kyokai Founded in 1899, Nippon Kaiji Kyokai is a classification society in the shipping industry, also popularly known as Class NK or just NK. It is a non-profitable and non-governmental body that aims to secure human life and property in the oceans and safeguard the well-being of the marine ecosystem. 3\. American Bureau of Shipping Formed in 1862, the American Bureau Of Shipping, also called ABS in the shipping industry, is a classification society based in America. It outlines its aims to safeguard human lives and protect property and marine and coastal environments. For this purpose, society develops and sets specific standards regarding the ships' and offshore units' design, building and functional maintenance. ABS lays down its technical and operational framework, known as the 'ABS Regulations and Guidelines,' It is based on these rules that various marine vessels and offshore structures are assessed and classed accordingly. 4\. Lloyd's Register Llyod's Register, or LR, is a classification society that offers business and other technical services to the marine industry. It was established in 1760 and is a holding of Lloyd's register foundation, a global and independent charity organization based in the UK that aims to protect life and property on land, sea and air through its extensive research and innovative global technologies in spheres of science, aeronautics and engineering. In the marine sector, the organization aims to offer long-lasting services for managing the client's ships and offshore structures to maximize productivity and eliminate redundancy while keeping maritime safety issues and marine environmental regulations at the forefront. Also, the organization has a global presence through its international staff that assists client groups in identifying operational risks by conducting surveys. 5\. Bureau Veritas is one of the leading classification societies in the world and a founding member of the International Association of Classification Societies. It was established in 1828 in Antwerp, Belgium, to serve the maritime sector; however, it has expanded its functioning to laboratory testing, inspection and certification. Today the society is based in Paris, France. The Society has been operational for 190 years, has 2650 marine and offshore experts and serves about 140 countries through its 550 offices. There are more than 11,500 ships in the BV-classed fleet, 180 survey stations, 19 local plan approval offices and 6 marine operation centres. 6\. China Classification Society Formed in 1956, the China Classification Society is a non-profit organization based in Beijing, China. The primary services offered by the society in the marine industry include conducting surveys for classificatory purposes of ships and offshore assets. It also provides services to the Chinese administration and governments of other nations and aims to offer classification services and technical expertise by developing the latest technologies. 7\. Korean Register or KR The Korean Register is a classification society formed in 1960 and is headquartered in Busan, South Korea. It is a non-profitable enterprise that outlines its working agenda as ensuring maritime safety and preserving the marine ecosystem through developing green technologies in the shipbuilding industry. KR is a part of the International Association of Classification Societies, possessing a fleet comprising more than 2,840 vessels, amounting to 60 million gross registered tonnages. It is authorised by over 65 flag administrations to conduct classification procedures for their ships and offshore structures. 8\. RINA RINA is a classification society formed in 1861 based in Genoa, Italy. It is among the world's oldest organizations offering ship classification, certification, maintenance and technical services, which provide technological aid to clients in designing, building, managing and surveying ships, cruises, yachts and offshore structures. It outlines its objective to bring significant advancement in the commercial maritime industry by assisting clients to reach more excellent operational standards regarding the safety and productivity of assets. 9\. Russian Maritime Register of Shipping or RS This classification society is linked with ice ships and deals with icebreaking and resistant technologies in the maritime sector. It was formed in 1913 and is authorized by 69 flag administrations. It has been an active part of the International Association of Classification Societies since 1969. Headquartered in St. Petersburg, Russia, it employs around 1500 officials in more than 100 branch offices worldwide, offering its clients classification services. The society outlines its objective of ensuring the best safety and operational standards at sea and also lays down rules to reduce marine pollution. More than 6000 vessels are certified by this society belonging to 40 different flag nations. 10\. Indian Register of Shipping Indian Register of Shipping, also known as IR Class, is a classification society of international repute and recognition. It is a non-profit and independent organization formed in 1975 in India and became a part of the International Association of Classification Societies and Croatia's and Poland's classification societies. IR Class offers classification services for marine vessels and offshore structures, enforcing high-class standards and yardsticks for building and maintaining ships and other shipping machinery. It also provides services to the energy sector and the engineering industry. Summary: In essence, classification societies bridge the gap between shipowners, flag states, and international maritime regulatory bodies. Through their surveys, plan approvals, inspections, and certification processes, they ensure that ships comply with the relevant conventions, regulations, and agreements, thereby upholding safety, environmental protection, and operational standards in the global maritime industry. **Topic 13** Port State Control Preventing the recurrence of common Port State Control (PSC) findings on cargo ships is essential to maintain compliance, ensure vessel safety, and avoid costly delays or detentions. Here are several recommended measures to mitigate recurring PSC issues effectively: 1\. Regular Maintenance and Inspections Conduct Routine Inspections: Regularly inspect key systems (e.g., lifesaving appliances, firefighting equipment, pollution prevention equipment) to ensure compliance with international and local regulations. Follow Planned Maintenance System (PMS): Adhere to a structured PMS for equipment and machinery, focusing on areas with high PSC inspection frequency like engines, lifeboats, and critical machinery. Repair Immediately: Address any findings from inspections immediately, especially for items known to be frequent PSC deficiencies. 2\. Crew Training and Awareness Frequent Safety Drills: Conduct regular safety drills, including fire, abandon ship, and man overboard drills, to ensure all crew members are familiar with procedures and equipment. Train for PSC Inspections: Familiarize the crew with PSC inspection protocols and common deficiencies. This includes knowing how to demonstrate equipment functionality and understanding compliance requirements. Document Review: Train crew to maintain proper documentation, as PSC findings often relate to missing or incorrectly completed records (e.g., oil record books, safety equipment checklists). 3\. Documentation and Record Keeping Ensure Documentation Completeness: Regularly update logs, certificates, and records, including the ship's certificates, equipment maintenance records, and safety checklists. Pre-Inspection Checks: Before arriving at a port, review all relevant documentation for completeness and accuracy. This includes ISM (International Safety Management) documentation, safety certificates, and pollution prevention certificates. Keep Manuals Accessible: Ensure that operating manuals, procedures, and other relevant documents are easily accessible to the crew during inspections. 4\. Enhanced Pre-Arrival Preparation Conduct a Pre-Arrival Inspection: Implement a checklist-based inspection focusing on frequent PSC deficiency areas before arrival at each port. Verify Emergency Equipment: Check that all safety and emergency equipment (e.g., lifeboats, life jackets, fire extinguishers) are functional and correctly stowed. Hold Safety Meetings: Brief crew members on the PSC inspection process and review critical areas prior to entering a new port, allowing time to rectify potential issues. 5\. Focus on Pollution Prevention Measures Oily Water Separator (OWS) Compliance: Ensure the OWS is operational and meets discharge standards; check bilge tank levels and ensure that waste handling records are up to date. Ballast Water Management: Verify compliance with ballast water exchange and treatment regulations, particularly in environmentally sensitive areas. Garbage Management: Maintain the Garbage Record Book and ensure garbage disposal procedures are in compliance with MARPOL (International Convention for the Prevention of Pollution from Ships). 6\. Work with a Third-Party Audit or Consultant Conduct Pre-PSC Audits: Engage third-party inspectors or consultants to perform PSC-style inspections. They can often identify compliance issues that may be overlooked by the crew.\ \ Identify Common Deficiency Trends: Use PSC inspection data to identify trends and recurring issues, allowing for proactive measures. 7\. Management and Reporting Culture Promote a Safety Culture: Encourage an onboard culture focused on safety and compliance, where crew feel comfortable reporting issues without fear of blame.\ \ Report Near Misses and Deficiencies: Implement a reporting system for near misses and equipment issues, and encourage the crew to document potential PSC findings. By implementing these preventive measures, cargo ships can significantly reduce the likelihood of recurrent PSC findings, promoting safer operations and avoiding costly delays.\ \ Expanding on these measures will involve providing more detail on specific areas of common PSC findings and actionable steps that can enhance compliance. Below are further recommendations divided into key focus areas: 1\. Lifesaving and Firefighting Equipment Compliance Lifesaving Equipment Inspections: Ensure lifeboats, life rafts, and life jackets are in good condition and accessible. Pay special attention to life rafts' expiration dates and hydrostatic releases.\ \ Firefighting Equipment Readiness: Inspect all fire extinguishers, fire hoses, hydrants, and emergency firefighting equipment for functionality and expiration. Test fire detection and alarm systems periodically. Escape Routes: Make sure escape routes are clearly marked, unobstructed, and lit. Perform regular drills to familiarize the crew with emergency exits and muster points.\ \ Safety Drills Documentation: Document each drill comprehensively with dates, times, and crew participation to demonstrate ongoing compliance during a PSC inspection. 2\. Hull and Structure Integrity Corrosion Control: Inspect hull plating, deck, and fittings for signs of corrosion, especially in high-risk areas like ballast tanks. Promptly repair or treat any corrosion to prevent degradation. Watertight Doors and Hatch Covers: Check that watertight doors and hatch covers are fully functional, ensuring seals are intact to avoid water ingress. Structural Repairs: Address any signs of cracks, dents, or fractures in the hull or superstructure. If repairs are needed, ensure they meet classification society standards and are recorded. 3\. Pollution Prevention Systems Oil Record Book (ORB): The ORB must be accurately maintained, recording all machinery space operations related to oily water, sludge disposal, and bilge water handling. Regular audits of the ORB can catch discrepancies before PSC inspectors do. Garbage Management Plan (GMP): Develop a GMP that adheres to MARPOL guidelines and includes designated waste storage areas, treatment methods, and procedures for discharge. Train the crew in waste segregation and disposal practices. Sewage and Ballast Water Compliance: Verify that the sewage treatment plant functions correctly and that records of any discharges are complete. Similarly, ensure ballast water exchange or treatment procedures are logged and compliant with the Ballast Water Management Convention. 4\. Engine Room and Machinery Maintenance Oily Water Separator (OWS) and Filters: Inspect the OWS, ensuring it meets legal discharge criteria and that crew can demonstrate its use. Check filters, bilge tanks, and control systems for proper operation. Fuel Oil Transfer and Separator Systems: Clean filters, inspect lines, and ensure the integrity of storage tanks to prevent fuel leaks. Monitor high-pressure fuel lines and any quick-closing valves. Alarm Systems and Indicators: Regularly test and calibrate machinery alarms, including those for bilge high-level indicators, temperature alarms, and fuel oil leakage. Ensure they are fully operational to avoid machinery space accidents. 5\. ISM Code and Safety Management System (SMS) Compliance Corrective Action Reports: Document non-conformities and corrective actions taken as per the ISM Code. These reports should be detailed and accessible to show that issues are identified and addressed systematically. Internal Audits and Follow-Up: Conduct ISM internal audits, identifying potential deficiencies similar to those commonly found in PSC inspections. Address findings promptly and document improvements. Safety Management Documentation: Maintain up-to-date SMS documentation, including procedures for routine operations, emergency response, and hazard identification. This should also include compliance records for training, maintenance, and reporting practices. 6\. Electrical Systems and Lighting Inspection of Electrical Systems: Ensure all electrical equipment is safe, with no exposed wiring or faulty insulation. PSC often checks for secured electrical components and systems free of corrosion or oil accumulation. Emergency Lighting: Verify that emergency lighting is functional, especially in critical areas such as stairways, muster stations, and lifeboat launching areas. Battery-Powered Equipment: Regularly test battery-operated equipment, including emergency lights and portable radios, ensuring batteries are charged and functional. 7\. Documentation and Logbook Accuracy Logbooks and Official Logs: Keep all logbooks (e.g., deck log, engine log, oil record book) updated with entries made in real-time. Incomplete or poorly kept logbooks are a frequent PSC finding. Certificate Validity: Ensure the validity of ship certificates (e.g., safety construction certificate, safety equipment certificate, pollution prevention certificates) and have them ready for PSC review. Expired certificates can lead to immediate detention. Medical and Training Records: Maintain medical certificates, training records, and STCW (Standards of Training, Certification, and Watchkeeping) compliance documentation for all crew members. 8\. Health, Safety, and Hygiene Compliance Crew Living Conditions: Inspect accommodation areas, ensuring clean and sanitary conditions. Poor hygiene and lack of facilities are often noted by PSC inspectors. Galley and Food Storage: Verify that galley equipment is functional, that food storage is appropriate, and that crew members handling food are trained in food hygiene. Pest Control: Conduct regular pest control checks in cargo holds, accommodation, and food storage areas to meet sanitary requirements. 9\. Developing a Continuous Improvement Plan Learning from Past PSC Reports: Review previous PSC reports and assess patterns in deficiencies to prioritize high-risk areas. Addressing these can prevent repeat deficiencies. Incorporate Feedback Loops: Encourage crew to report any minor findings and conduct post-inspection reviews to evaluate strengths and weaknesses in preparation.\ Third-Party Audits: Engage a qualified third party to carry out comprehensive audits and pre-PSC inspections regularly. A fresh set of eyes can often identify areas for improvement that the crew might overlook. 10\. Crew Awareness and Readiness PSC Training Program: Implement regular PSC-specific training sessions to prepare the crew for inspection routines, focusing on equipment demonstration and document presentation. PSC Inspection Rehearsals: Run mock PSC inspections to familiarize the crew with inspection routines and highlight any areas needing attention. Upkeep of Personal Protective Equipment (PPE): Ensure all PPE (helmets, gloves, goggles) is in good condition and accessible to demonstrate adherence to onboard safety requirements. By proactively addressing these areas with structured planning, ships can significantly improve compliance, reduce the risk of costly delays, and ensure a safer environment for all onboard. **TOPIC 14** Other relevant legislations connected to SOLAS, ISPS,MARPOL Each of the following countries and regions implements international maritime conventions like SOLAS (Safety of Life at Sea), MARPOL (International Convention for the Prevention of Pollution from Ships), and ISPS (International Ship and Port Facility Security Code) through their national legislation.\ \ Here's how each has integrated these conventions into their laws, with a focus on the regulatory agencies, frameworks, and specific rules each country or region enforces. a\. Philippines Implementing Agency: The Maritime Industry Authority (MARINA), the Philippine Coast Guard (PCG), and the Department of Transportation oversee maritime laws in the Philippines. SOLAS Compliance: The Philippines follows SOLAS provisions through the Philippine Merchant Marine Rules and Regulations (PMMRR), which incorporates SOLAS requirements into the safety standards for all ships operating in Philippine waters. SOLAS Implementation: The Philippines applies SOLAS through the Philippine Merchant Marine Rules and Regulations (PMMRR), tailored to enforce ship safety standards on both local and international vessels operating within the Philippines. MARINA mandates that vessels comply with safety equipment regulations, such as fire extinguishing, lifeboats, and navigation aids, which are regularly inspected. MARPOL Compliance: Under Republic Act No. 9275 (Clean Water Act), MARINA and the Department of Environment and Natural Resources (DENR) regulate water pollution in line with MARPOL standards, with strict controls on oily water discharges and other pollutants. MARPOL Implementation: The Clean Water Act ensures that all vessels in Philippine waters meet pollution control standards, with specific regulations on oil discharge and garbage disposal in line with MARPOL Annexes I and V. The DENR and PCG monitor compliance, focusing on preventing spills and unauthorized discharges in Philippine territorial waters. ISPS Compliance: Through Executive Order No. 1011 and the Philippine Port Authority (PPA), the country adopts ISPS provisions, mandating security protocols for ship and port operations, with specific guidelines on access control and surveillance at major ports. ISPS Implementation: Under Executive Order No. 1011, the Philippines' ISPS enforcement focuses on security in major ports like Manila and Cebu. The Philippine Ports Authority (PPA) and PCG ensure compliance by conducting random vessel security checks, implementing access control, and verifying crew identification to enhance maritime security. b\. USA Implementing Agency: The United States Coast Guard (USCG), alongside the Environmental Protection Agency (EPA), administers maritime regulations. SOLAS Compliance: Enforced under the Shipping Act of 1984 and subsequent amendments, the USCG ensures SOLAS provisions are met, focusing on safety drills, equipment standards, and structural integrity. SOLAS Implementation: In the U.S., SOLAS requirements are embedded within the Shipping Act of 1984 and enforced through U.S. Coast Guard regulations.\ \ The USCG's rigorous inspection regime emphasizes fire safety, navigation standards, and equipment integrity for both U.S. and foreign-flagged vessels entering U.S. waters. The USCG also conducts unannounced checks to enforce compliance. MARPOL Compliance: The Act to Prevent Pollution from Ships (APPS) implements MARPOL in the U.S., administered by both the USCG and the EPA. It enforces stringent controls on oil discharges, garbage, sewage, and air emissions. MARPOL Implementation: The Act to Prevent Pollution from Ships (APPS), aligned with MARPOL, is enforced by both the USCG and EPA. Under APPS, strict penalties apply for non-compliance, especially regarding oil pollution (Annex I) and air pollution from ships (Annex VI). Ships are required to use low-sulfur fuel within the U.S. Emission Control Areas (ECAs), and recordkeeping is critical for enforcement. ISPS Compliance: Through the Maritime Transportation Security Act (MTSA) of 2002, the USCG enforces the ISPS Code, requiring security assessments, plans, and drills for U.S.-flagged vessels and port facilities, focusing heavily on port security and counterterrorism.\   ISPS Implementation: Through the Maritime Transportation Security Act (MTSA) of 2002, the U.S. has stringent port security requirements that align with ISPS. Ports and facilities have dedicated security plans, while the USCG regularly conducts security drills and assessments. Additionally, the Transportation Worker Identification Credential (TWIC) system limits port access to authorized personnel only. c\. China Implementing Agency: The China Maritime Safety Administration (MSA) under the Ministry of Transport (MOT) oversees maritime legislation. SOLAS Compliance: China's Safety Regulations of the People's Republic of China on Ship Safety and Pollution Prevention mirror SOLAS requirements, mandating safety management systems, fire protection, and navigation equipment on Chinese ships. SOLAS Implementation: SOLAS is implemented through the Safety Regulations of the People's Republic of China on Ship Safety and Pollution Prevention. The China Maritime Safety Administration (MSA) oversees SOLAS compliance, with a strong focus on vessel inspections and the maintenance of safety equipment. China's large maritime fleet means inspections are frequent and comprehensive. MARPOL Compliance: China adopts MARPOL standards through the Marine Environment Protection Law of China, which enforces waste discharge limitations and air pollution control in Chinese waters. MARPOL Implementation: The Marine Environment Protection Law of China enforces MARPOL standards on pollution prevention. Given China's extensive coastline and busy ports, the MSA has strict controls on oil discharge, garbage, and air pollution from vessels, including the monitoring of fuel quality for compliance with MARPOL Annex VI. ISPS Compliance: Implemented under Regulations on the Security of Ship and Port Facilities, this mandates security plans, risk assessments, and access controls in line with ISPS. China's ports have strict security measures that align with ISPS, with additional national security standards. ISPS Implementation: Under China's Regulations on the Security of Ship and Port Facilities, ISPS is enforced with additional national standards. China's ports, such as Shanghai and Tianjin, have heightened security protocols with strict access control, surveillance, and crew verification. China's enforcement strategy includes regular risk assessments and coordination with international security agencies. d\. Japan Implementing Agency: The Japan Coast Guard (JCG) and Ministry of Land, Infrastructure, Transport, and Tourism (MLIT). SOLAS Compliance: Japan enforces SOLAS provisions through the Ship Safety Act, ensuring Japanese vessels meet safety requirements for lifesaving, fire safety, and structural integrity. SOLAS Implementation: Japan's Ship Safety Act translates SOLAS provisions into national law, particularly concerning the safety of both Japanese-flagged and foreign ships in Japanese waters. The Japan Coast Guard conducts detailed inspections focusing on structural integrity, fire safety, and navigational equipment to ensure vessels meet SOLAS standards. MARPOL Compliance: The Law Relating to the Prevention of Marine Pollution and Maritime Disaster reflects MARPOL's requirements, targeting oil spills, sewage, garbage, and air pollution from ships MARPOL Implementation: The Law Relating to the Prevention of Marine Pollution and Maritime Disaster enforces MARPOL. Japan emphasizes stringent controls on oil pollution and waste disposal, reflecting MARPOL Annex I and V standards, respectively. Japan is also proactive in enforcing Annex VI by requiring ships in its ECAs to use low-sulfur fuel, minimizing air pollution around busy ports like Yokohama and Osaka. ISPS Compliance: The Port and Harbor Act mandates security plans and access control for vessels and port facilities, aligning with ISPS. Japan has also introduced additional cybersecurity measures to strengthen ISPS compliance in light of digital threats. ISPS Implementation: Japan's Port and Harbor Act mandates compliance with ISPS standards, with additional cybersecurity measures for port facilities. Port security protocols include comprehensive access controls, crew identity verification, and restricted zones within major ports, aimed at countering both physical and digital security threats. e\. Australia Implementing Agency: The Australian Maritime Safety Authority (AMSA), with support from the Department of Infrastructure, Transport, Regional Development, and Communications. SOLAS Compliance: Enforced under the Navigation Act 2012, which incorporates SOLAS standards, focusing on vessel safety, crew competence, and emergency response procedures. SOLAS Implementation: Australia enforces SOLAS through the Navigation Act 2012. The Australian Maritime Safety Authority (AMSA) conducts regular ship inspections to ensure compliance with SOLAS provisions, especially for vessel construction, equipment standards, and emergency procedures. MARPOL Compliance: The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 implements MARPOL requirements, regulating oil and chemical discharges, sewage, garbage, and air pollution. MARPOL Implementation: The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 enforces MARPOL compliance, especially regarding oily water discharges and garbage disposal (Annex I and V). Australia also strictly enforces Annex VI, with heavy penalties for non-compliant ships using high-sulfur fuel within Australian waters. ISPS Compliance: Through the Maritime Transport and Offshore Facilities Security Act 2003, AMSA enforces ISPS requirements, mandating security assessments, plans, and drills at Australian ports, along with secure handling and monitoring systems. ISPS Implementation: The Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA) aligns Australia with ISPS standards. AMSA requires all port facilities to develop and maintain security plans, while ports regularly conduct security drills and assessments. Australia has also implemented electronic systems for tracking vessel movements and personnel access within port facilities. f\. European Union (EU) Implementing Agencies: European Maritime Safety Agency (EMSA) coordinates EU-wide maritime standards; individual countries implement these through their respective maritime authorities. SOLAS Compliance: The EU applies SOLAS standards through directives like Directive 2009/45/EC, which sets safety standards for passenger ships, and Directive 2008/106/EC, which mandates crew competence. SOLAS Implementation: The EU applies SOLAS standards through directives such as Directive 2009/45/EC for passenger ships and Directive 2008/106/EC for crew competence. The European Maritime Safety Agency (EMSA) supports SOLAS enforcement across member states, coordinating safety inspections and promoting harmonized standards. MARPOL Compliance: MARPOL is enforced through various EU directives, including Directive 2000/59/EC on port reception facilities for ship-generated waste, and Directive 2012/33/EU, which regulates sulfur content in fuels.\   MARPOL Implementation: The EU's Directive 2000/59/EC on port reception facilities ensures that ships have access to waste disposal facilities that comply with MARPOL. Directive 2012/33/EU enforces low-sulfur fuel usage in EU waters, helping meet MARPOL Annex VI requirements. Additionally, many EU countries have Emission Control Areas (ECAs) where stricter air pollution controls apply. SOLAS Compliance: The EU applies SOLAS standards through directives like Directive 2009/45/EC, which sets safety standards for passenger ships, and Directive 2008/106/EC, which mandates crew competence. SOLAS Implementation: The EU applies SOLAS standards through directives such as Directive 2009/45/EC for passenger ships and Directive 2008/106/EC for crew competence. The European Maritime Safety Agency (EMSA) supports SOLAS enforcement across member states, coordinating safety inspections and promoting harmonized standards. MARPOL Compliance: MARPOL is enforced through various EU directives, including Directive 2000/59/EC on port reception facilities for ship-generated waste, and Directive 2012/33/EU, which regulates sulfur content in fuels.\   MARPOL Implementation: The EU's Directive 2000/59/EC on port reception facilities ensures that ships have access to waste disposal facilities that comply with MARPOL. Directive 2012/33/EU enforces low-sulfur fuel usage in EU waters, helping meet MARPOL Annex VI requirements. Additionally, many EU countries have Emission Control Areas (ECAs) where stricter air pollution controls apply. ISPS Compliance: Regulation (EC) No 725/2004 enforces the ISPS Code across EU member states, with coordinated security standards for ships and port facilities, including port security monitoring and mandatory reporting protocols. ISPS Implementation: Regulation (EC) No 725/2004 incorporates ISPS requirements for EU member states. Ports and facilities within the EU must follow strict access control and security monitoring protocols, with additional cybersecurity measures mandated by the EU Network and Information Security (NIS) Directive, enhancing the ISPS Code's physical security focus with digital protections. g\. Other Countries Singapore: The Maritime and Port Authority of Singapore (MPA) enforces SOLAS, MARPOL, and ISPS through Merchant Shipping (Safety Convention) Regulations, the Prevention of Pollution of the Sea Act, and Maritime Security (ISPS Code) Regulations. Singapore: Singapore's Maritime and Port Authority (MPA) enforces international conventions through regulations like the Merchant Shipping (Safety Convention) Regulations for SOLAS compliance, the Prevention of Pollution of the Sea Act for MARPOL, and the Maritime Security (ISPS Code) Regulations. MPA emphasizes security in Singapore's strategic port, with strict ISPS measures including advanced surveillance systems. India: The Directorate General of Shipping oversees SOLAS, MARPOL, and ISPS compliance, with regulations embedded in the Merchant Shipping Act 1958. India has adopted stringent MARPOL Annex VI measures, especially in coastal waters. India: India's Directorate General of Shipping (DGS) integrates SOLAS, MARPOL, and ISPS into national legislation via the Merchant Shipping Act 1958. India has focused efforts on MARPOL Annex VI enforcement along its coastlines, with DGS conducting checks on vessels for pollution compliance. South Korea: The Ministry of Oceans and Fisheries (MOF) implements SOLAS, MARPOL, and ISPS requirements under the Ship Safety Act and Marine Environment Management Act, ensuring strict pollution prevention and security protocols. South Korea: The Ministry of Oceans and Fisheries (MOF) in South Korea implements SOLAS and MARPOL standards through the Ship Safety Act and the Marine Environment Management Act. South Korea emphasizes ISPS compliance by conducting regular port security audits and maintains an updated security framework to prevent unauthorized access. South Korea: The Ministry of Oceans and Fisheries (MOF) implements SOLAS, MARPOL, and ISPS requirements under the Ship Safety Act and Marine Environment Management Act, ensuring strict pollution prevention and security protocols. South Korea: The Ministry of Oceans and Fisheries (MOF) in South Korea implements SOLAS and MARPOL standards through the Ship Safety Act and the Marine Environment Management Act. South Korea emphasizes ISPS compliance by conducting regular port security audits and maintains an updated security framework to prevent unauthorized access. Each country's implementation of SOLAS, MARPOL, and ISPS may differ in administrative structures or minor regulatory details but aligns closely with the international standards set by the IMO.\ \ These national adaptations allow each country to address its unique maritime challenges and requirements while upholding global maritime safety and security standards.