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MARITIME SAFETY COMMITTEE

103rd session

Agenda item 21

REPORT OF THE MARITIME SAFETY COMMITTEE

ON ITS 103RD SESSION

Table of contents

MSC 103/21

25 May 2021

Original: ENGLISH

Section

INTRODUCTION – ADOPTION OF THE AGENDA

DECISIONS OF OTHER IMO BODIES

CONSIDERATION AND ADOPTION OF AMENDMENTS TO MANDATORY

INSTRUMENTS

CAPACITY-BUILDING FOR THE IMPLEMENTATION OF NEW MEASURES

REGULATORY SCOPING EXERCISE FOR THE USE OF MARITIME

AUTONOMOUS SURFACE SHIPS (MASS)

DEVELOPMENT OF FURTHER MEASURES TO ENHANCE THE

SAFETY OF SHIPS RELATING TO THE USE OF FUEL OIL

GOAL-BASED NEW SHIP CONSTRUCTION STANDARDS

MEASURES TO IMPROVE DOMESTIC FERRY SAFETY

MEASURES TO ENHANCE MARITIME SECURITY

PIRACY AND ARMED ROBBERY AGAINST SHIPS

UNSAFE MIXED MIGRATION BY SEA

FORMAL SAFETY ASSESSMENT

HUMAN ELEMENT, TRAINING AND WATCHKEEPING

(urgent matters emanating from the seventh session of the Sub-Committee)

NAVIGATION, COMMUNICATIONS AND SEARCH AND RESCUE

SHIP DESIGN AND CONSTRUCTION

Page

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SHIP SYSTEMS AND EQUIPMENT

APPLICATION OF THE COMMITTEE'S METHOD OF WORK

WORK PROGRAMME

ELECTION OF CHAIR AND VICE-CHAIR FOR 2021

ANY OTHER BUSINESS

CONSIDERATION OF THE REPORT OF THE COMMITTEE ON

ITS 103RD SESSION

LIST OF ANNEXES

RESOLUTION MSC.482(103) – AMENDMENTS TO THE INTERNATIONAL

CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS), 1974

RESOLUTION MSC.483(103) – AMENDMENTS TO THE INTERNATIONAL

CODE ON THE ENHANCED PROGRAMME OF INSPECTIONS DURING

SURVEYS OF BULK CARRIERS AND OIL TANKERS (ESP CODE), 2011

RESOLUTION MSC.484(103) – AMENDMENTS TO THE INTERNATIONAL

CODE FOR FIRE SAFETY SYSTEMS (FSS CODE)

RESOLUTION MSC.485(103) – AMENDMENTS TO THE INTERNATIONAL

LIFE-SAVING APPLIANCE CODE (LSA CODE)

RESOLUTION MSC.486(103) – AMENDMENTS TO THE INTERNATIONAL

CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND

WATCHKEEPING FOR SEAFARERS (STCW), 1978

RESOLUTION MSC.487(103) – AMENDMENTS TO PART A OF THE

SEAFARERS TRAINING, CERTIFICATION AND WATCHKEEPING CODE

(STCW CODE)

RESOLUTION MSC.488(103) – AMENDMENTS TO THE REVISED

RECOMMENDATION ON TESTING OF LIFE-SAVING APPLIANCES

(RESOLUTION MSC.81(70))

OUTCOME OF THE REGULATORY SCOPING EXERCISE FOR THE USE

OF MARITIME AUTONOMOUS SURFACE SHIPS (MASS)

RESOLUTION MSC.489(103) – RECOMMENDED ACTION TO ADDRESS

PIRACY AND ARMED ROBBERY IN THE GULF OF GUINEA

BIENNIAL STATUS REPORT OF THE SDC AND SSE SUB-COMMITTEES

PROVISIONAL AGENDAS OF THE SDC AND SSE SUB-COMMITTEES

BIENNIAL STATUS REPORT OF THE MARITIME SAFETY COMMITTEE

ANNEX 1

ANNEX 2

ANNEX 3

ANNEX 4

ANNEX 5

ANNEX 6

ANNEX 7

ANNEX 8

ANNEX 9

ANNEX 10

ANNEX 11

ANNEX 12

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ANNEX 13

ANNEX 14

POST-BIENNIAL AGENDA OF THE MARITIME SAFETY COMMITTEE

SUBSTANTIVE ITEMS FOR INCLUSION IN THE AGENDAS FOR MSC 104

AND MSC 105

RESOLUTION MSC.490(103) – RECOMMENDED ACTION TO PRIORITIZE

COVID-19 VACCINATION OF SEAFARERS

STATEMENTS BY DELEGATIONS AND OBSERVERS

ANNEX 15

ANNEX 16

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INTRODUCTION – ADOPTION OF THE AGENDA

1.1

The 103rd session of the Maritime Safety Committee was held remotely

from 5 to 14 May 2021, chaired by Mrs. Mayte Medina (United States). The Vice-Chair of the

Committee, Mr. Theofilos Mozas (Greece), was also present.

1.2

The session was attended by Members and Associate Members; representatives

from the United Nations programmes, specialized agencies and other entities; observers from

intergovernmental organizations with agreements of cooperation; and observers from

non-governmental organizations in consultative status, as listed in document MSC 103/INF.1.

Opening address of the Secretary-General

1.3

The Secretary-General welcomed participants and delivered his opening address, the

full text of which can be downloaded from the IMO website at the following link:

https://www.imo.org/en/MediaCentre/SecretaryGeneral/Pages/Secretary-

GeneralsSpeechesToMeetings.aspx

Maritime incidents

1.4

The Committee noted information by the delegation of Malaysia concerning an

accident of the offshore jack-up drilling rig

Velesto NAGA 7

on 3 May 2021, which developed

a list and subsequently submerged while operating in offshore Sarawak. The delegation also

expressed their support for the Secretary-General's call for seafarers to be designated as key

workers and to prioritize seafarers in national COVID-19 vaccination programmes. The full text

of the statement is set out in annex 16.

Measures taken to facilitate remote sessions

1.5

The Committee recalled that at the joint extraordinary session of all IMO Committees

(ALCOM/ES), held in September 2020, the Committees jointly approved

Interim guidance to

facilitate remote sessions of the Committees during the COVID-19 pandemic

(MSC-LEG-MEPC-TCC-FAL.1/Circ.1), and had agreed in particular to:

waive rule 3 of their respective Rules of Procedure, in part, to allow sessions

to be held remotely;

accept, for the purpose of facilitating remote sessions, electronically

submitted credentials, with originals to follow; and

consider Members that had submitted valid credentials, were registered at

the Online Meeting Registration System (OMRS) and were listed as

participants in the remote session as "present" within rule 28(1) of its Rules

of Procedure.

Adoption of the agenda and related matters

1.6

The Committee adopted the agenda (MSC 103/1) and agreed to be guided in its work,

in general, by the annotations contained in document MSC 103/1/1 and by the provisional

timetable (MSC 103/1/1, annex, as amended).

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Credentials

1.7

The Committee noted that the credentials of 110 delegations attending the session

were in due and proper form.

2.1

DECISIONS OF OTHER IMO BODIES

The Committee postponed consideration of this agenda item to MSC 104.

CONSIDERATION AND ADOPTION OF AMENDMENTS TO MANDATORY

INSTRUMENTS

ENERAL

3.1

Contracting Governments to the 1974 SOLAS Convention were invited to consider

and adopt proposed amendments to:

SOLAS chapters II-1 and III, in accordance with the provisions of article VIII

of the Convention;

the International Code on the Enhanced Programme of Inspections during

Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code), in

accordance with the provisions of article VIII and regulation XI-1/2 of the

Convention;

the International Code for the Construction and Equipment of Ships Carrying

Liquefied Gases in Bulk (IGC Code), in accordance with the provisions of

article VIII and regulation VII/11.1 of the Convention;

the International Code for Fire Safety Systems (FSS Code), in accordance

with the provisions of article VIII and regulation II-2/3.22 of the Convention;

and

the International Life-Saving Appliance Code (LSA Code), in accordance

with the provisions of article VIII and regulation III/3.10 of the Convention.

3.2

More than one third of the Contracting Governments to the 1974 SOLAS Convention

were present during the consideration and adoption of said amendments by the expanded

Maritime Safety Committee, in accordance with articles VIII(b)(iii) and VIII(b)(iv) of the Convention.

The proposed amendments to the Convention and the Codes mandatory under it have been

circulated, in accordance with SOLAS article VIII(b)(i), to all IMO Members and Contracting

Governments to the Convention by Circular Letter No.4339 of 13 November 2020.

3.3

In connection with the adoption of the aforementioned amendments, the Committee

was also invited to consider and:

adopt consequential draft amendments to the

Revised recommendation on

testing of life-saving appliances

(resolution MSC.81(70)); and

approve a draft MSC circular on voluntary early implementation of the draft

amendments to SOLAS chapter III and the LSA Code.

3.4

Parties to the 1978 STCW Convention were invited to consider and adopt proposed

amendments to chapter I of the 1978 STCW Convention and to section A-I/1 of the STCW

Code. More than one third of the Parties to the 1978 STCW Convention were present during

the consideration and adoption of said amendments by the expanded Maritime Safety

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Committee, in accordance with the provisions of article XII(1)(a)(iv) and regulation I/1.2.3 of

the Convention. The proposed amendments to the 1978 STCW Convention and the STCW

Code had been circulated in accordance with article XII(1)(a)(i) of the Convention to all

IMO Member States and Parties to the Convention by Circular Letter No.4340

of 13 November 2020.

3.5

Parties to the Protocol of 1988 relating to the International Convention on Load

Lines, 1966 (1988 Load Lines Protocol) were invited to consider and adopt proposed

amendments to chapters II and III of annex I of annex B to the 1988 Load Lines Protocol.

Parties constituting more than one third of the total of Parties to the Protocol were present

during the consideration of said amendments by the expanded Maritime Safety Committee,

in accordance with the provisions of paragraphs 2(c) and 2(d) of article VI of the 1988 Load

Lines Protocol. The proposed amendments had been circulated, in accordance with

paragraph 2(a) of article VI of the Protocol, to all IMO Member States and Parties to the

Protocol by Circular Letter No.4341 of 13 November 2020.

ROPOSED AMENDMENTS TO THE

1974 SOLAS C

ONVENTION

3.6

The Committee recalled that MSC 102 had approved draft amendments to

chapters II-1 and III of the annex to the 1974 SOLAS Convention, concerning:

new regulation II-1/25-1 on water level detectors on multiple hold cargo ships

other than bulk carriers and tankers (MSC 102/24, paragraph 17.23); and

regulation III/33.2 on survival craft embarkation and launching arrangements

(MSC 102/24, paragraph 19.20.1).

3.7

In this regard, the Committee considered document MSC 103/3/3 (Belgium et al.),

commenting on the draft new SOLAS regulation II-1/25-1 with respect to the differences

between water level detectors and bilge level alarm sensors located in the cargo hold.

3.8

Having agreed to the modifications proposed in document MSC 103/3/3, the

Committee confirmed the proposed amendments to chapters II-1 and III of the annex to

the 1974 SOLAS Convention, as modified, as set out in annex 1 to document MSC 103/WP.5,

subject to editorial improvements, if any.

Date of entry into force of the proposed amendments

3.9

The Committee agreed that the draft amendments to chapters II-1 and III of the annex

to the 1974 SOLAS Convention proposed for adoption at this session should be deemed to

have been accepted on 1 July 2023 and enter into force on 1 January 2024, in accordance

with articles VIII(b)(vi)(2)(aa) and VIII(b)(vii)(1) of the Convention and the

Guidance on entry

into force of amendments to the 1974 SOLAS Convention and related mandatory instruments

(MSC.1/Circ.1481).

Proposal to revise the Performance standards for water level detectors on bulk carriers

and single hold cargo ships other than bulk carriers (resolution MSC.188(79))

3.10

The Committee considered document MSC 103/3/4 (Belgium et al.), proposing to

revise the

Performance standards for water level detectors on bulk carriers and single hold

cargo ships other than bulk carriers

(resolution MSC.188(79)) as a consequential amendment

following the adoption of draft new SOLAS regulation II-1/25-1 (see paragraph 3.40).

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3.11

Having noted the offer of the observer from IACS to prepare a draft revision of the

Performance Standards, the Committee agreed to:

extend the scope of the output and change its title to "Revision

of the

Performance standards for water level detectors on bulk carriers and single

hold cargo ships other than bulk carriers

(resolution MSC.188(79))";

instruct the SDC Sub-Committee to review the Performance Standards to

include provisions for detectors for multiple hold cargo ships and to consider

the equivalency between bilge alarms and water level detectors; and

extend the target completion year for the output to 2022.

Errata and corrigenda for the 2020 Consolidated SOLAS Edition

3.12

The Committee noted that

errata and corrigenda

for the 2020 Consolidated SOLAS

Edition had been published in March 2021 and could be downloaded free of charge from IMO's

public website under the "Supplements" section.

ROPOSED AMENDMENTS TO THE

2011 ESP, IGC, FSS

AND

LSA

ODES

MANDATORY UNDER

THE

1974 SOLAS C

ONVENTION

Draft amendments to the 2011 ESP Code

3.13

The Committee recalled that MSC 102 had approved draft amendments to annex 2

(Minimum requirements for thickness measurements at renewal surveys of double-hull oil

tankers) of part A of annex B to the 2011 ESP Code, concerning minimum requirements for

thickness measurements at renewal surveys of double-hull oil tankers (MSC 102/24,

paragraph 17.24).

3.14

Having noted that no comments had been submitted, the Committee confirmed the

proposed amendments to the 2011 ESP Code, as set out in annex 2 to document

MSC 103/WP.5, subject to editorial improvements, if any.

Date of entry into force of the proposed amendments

3.15

The Committee agreed that the draft amendments to the 2011 ESP Code proposed

for adoption at this session should be deemed to have been accepted on 1 July 2022 and

enter into force on 1 January 2023, in accordance with the procedure for undertaking regular

updates of the Code (DE 57/25, paragraph 24.5) agreed by MSC 92.

Draft amendments to the IGC Code

3.16

The Committee recalled that:

MSC 101 had agreed on a new output to review the mandatory requirements

in SOLAS, MARPOL, the 1988 Load Lines Protocol and the IBC and

IGC Codes regarding watertight doors on cargo ships, to address

inconsistencies and that the amendments to be developed should apply to

new ships (MSC 101/24, paragraph 21.26);

SDC 7 prepared the draft amendments for submission to MSC 102 and

MEPC 76, as appropriate, for approval, with a view to adoption and entry into

force on 1 January 2024 for new ships only, with the expectation that the

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amendments would have no impact on existing ships and, therefore, the

Committees could consider applying the amendments to all ships on the date

of entry into force (SDC 7/16, paragraphs 12.11 and 12.13); and

MSC 102 had approved the draft amendments to chapter 2 (Ship survival

capability and location of cargo tanks) of the IGC Code concerning watertight

doors on cargo ships with no modification (MSC 102/24, paragraph 17.28).

3.17

In this regard the Committee considered document MSC 103/3/5 (Australia et al.),

proposing modifications to the draft amendments to the IGC Code, together with the same

modifications to MARPOL, the 1988 Load Lines Protocol and the IBC Code amendments to

extend the requirement for quick acting or single-action type arrangement to hinged watertight

doors that were kept ʺpermanently closed" at sea.

3.18

In the ensuing discussion, the Committee noted the following comments:

the proposed modifications were minor changes that would address the

inconsistency between the requirements for those hinged watertight doors

that were kept permanently and normally closed at sea, as well as contribute

to the watertightness of access doors, thereby improving safety;

the proposed modifications would add new requirements which did not exist

before and would therefore bring inconsistency, and they were beyond the

scope of the agreed output;

SOLAS did not specify the use of hinged doors in detail and the proposal

would not create inconsistency; and the necessity of having an application

provision should be reconsidered at the next session;

although the proposed modifications seemed editorial, their effect could be

significant and have operational safety implications, and would mean that

manually operated doors on new ships would be considered flooding points,

thereby effectively phasing this type of door out of use;

the proposed modifications could lead to ambiguity, which could be

overlooked by ship designers and necessitate structural changes at a later

stage; and

the SDC Sub-Committee should be tasked with considering existing

guidance and interpretations on this matter, if the proposal was agreed.

3.19

Taking into account that the majority of those that spoke were not in favour of the

modifications proposed in document MSC 103/3/5 and that the application provision in the draft

amendments to the IGC Code warranted further discussion, the Committee:

did not agree with the modifications proposed in document MSC 103/3/5,

noting that they would also apply to the draft amendments to the 1988 Load

Lines Protocol (see paragraph 3.33);

deferred the consideration of the necessity for an application provision and

the adoption of the proposed amendments to the 1988 Load Lines Protocol

and the IGC Code to MSC 104, and invited relevant submissions; and

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agreed to inform MEPC 76 of the outcome of the discussion, for further

consideration of associated amendments to MARPOL and the IBC Code.

Draft amendments to the FSS Code

3.20

The Committee recalled that MSC 102 had approved draft amendments to chapter 9

(Fixed fire detection and fire alarm systems) of the FSS Code, concerning fault isolation

requirements for cargo and passenger ship cabin balconies fitted with individually identifiable

fire detector systems (MSC 102/24, paragraph 19.8).

3.21

Having noted that no comments had been submitted, the Committee confirmed the

contents of the proposed amendments to the FSS Code, as set out in annex 4 to document

MSC 103/WP.5, subject to editorial improvements, if any.

Date of entry into force of the proposed amendments

3.22

The Committee agreed that the draft amendments to the FSS Code proposed for

adoption at this session should be deemed to have been accepted on 1 July 2023 and enter

into force on 1 January 2024, in accordance with articles VIII(b)(vi)(2)(aa) and VIII(b)(vii)(1) of

the Convention and the

Guidance on entry into force of amendments to the 1974 SOLAS

Convention and related mandatory instruments

(MSC.1/Circ.1481).

Draft amendments to the LSA Code

3.23

The Committee recalled that MSC 102 had approved draft amendments to chapter IV

(Survival craft) of the LSA Code concerning the exclusion of free-fall lifeboats from the

requirement of being capable of being launched and towed when the ship was making

headway at a speed of up to 5 knots in calm water (MSC 102/24, paragraph 19.20).

3.24

Having noted that no comments had been submitted, the Committee confirmed the

contents of the proposed amendments to the LSA Code, as set out in annex 5 to document

MSC 103/WP.5, subject to editorial improvements, if any.

Date of entry into force of the proposed amendments

3.25

The Committee agreed that the draft amendments to the LSA Code proposed for

adoption at this session should be deemed to have been accepted on 1 July 2023 and enter

into force on 1 January 2024, in accordance with articles VIII(b)(vi)(2)(aa) and VIII(b)(vii)(1) of

the Convention and the

Guidance on entry into force of amendments to the 1974 SOLAS

Convention and related mandatory instruments

(MSC.1/Circ.1481).

PROPOSED AMENDMENTS TO THE 1978 STCW CONVENTION AND THE STCW CODE

Draft amendments to the 1978 STCW Convention

3.26

The Committee recalled that MSC 102 had approved draft amendments to chapter I

(General provisions) of the 1978 STCW Convention, concerning the inclusion of a new

definition of the term "high-voltage" (MSC 102/24, paragraph 13.9).

3.27

Having noted that no comments had been submitted, the Committee confirmed the

contents of the proposed amendments to the 1978 STCW Convention, as set out in annex 6 to

document MSC 103/WP.5, subject to editorial improvements, if any.

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Date of entry into force of the proposed amendments

3.28

The Committee agreed that the draft amendments to the 1978 STCW Convention

proposed for adoption at this session should be deemed to have been accepted on 1 July 2022

and enter into force on 1 January 2023 in accordance with articles XII(1)(a)(vii)(2), XII(1)(a)(ix)

and regulation I/1.2.3 of the Convention.

Draft amendments to the STCW Code

3.29

The Committee recalled that MSC 102 had approved draft amendments to section A-I/1

of the STCW Code, concerning an amendment to the definition of "operational level" to include

the capacity "electro-technical officer" as a consequential amendment to the introduction of

this capacity as part of the 2010 Manila Amendments (MSC 102/24, paragraph 13.10).

3.30

Having noted that no comments had been submitted, the Committee confirmed the

contents of the proposed amendments to the STCW Code, as set out in annex 7 to document

MSC 103/WP.5, subject to editorial improvements, if any.

Date of entry into force of the proposed amendments

3.31

The Committee agreed that the draft amendments to the STCW Code proposed for

adoption at this session should be deemed to have been accepted on 1 July 2022 and enter

into force on 1 January 2023.

PROPOSED AMENDMENTS TO THE 1988 LOAD LINES PROTOCOL

3.32

The Committee recalled that MSC 102 had approved a minor correction to

regulation 22(1)(g) (SDC 7/16, annex 15) and draft amendments to regulation 27(13(a) of

annex I (Regulations for determining load lines) of annex B to the 1988 Load Lines Protocol,

the latter concerning inconsistencies regarding watertight doors on cargo ships (MSC 102/24,

paragraph 17.28).

3.33

In this regard, the Committee considered proposed modifications to the

above-mentioned draft amendments to the 1988 Load Lines Protocol, contained in document

MSC 103/3/5 (Australia et al.). Having recalled its earlier decision concerning proposed

identical modifications to the IGC Code which warranted further discussion on the application

provisions (see paragraph 3.19), the Committee deferred the adoption of a minor correction to

regulation 22(1)(g) and draft amendments to regulation 27(13(a) of annex I of annex B to

the 1988 Load Lines Protocol to MSC 104 and invited relevant submissions; and agreed to

inform MEPC 76 accordingly.

ELATED NON

MANDATORY INSTRUMENTS

Draft amendments to the Revised recommendation on testing of LSA

3.34

The Committee recalled that MSC 102 had approved, in principle, draft consequential

amendments to the

Revised recommendation on testing of life-saving appliances

(resolution MSC.81(70)), emanating from the draft amendments to SOLAS chapter III and the

LSA Code (MSC 102/24, paragraph 19.21), with a view to adoption in conjunction with the

adoption of the draft amendments to SOLAS regulation III/33 and chapter IV of the LSA Code

(see paragraphs 3.40 and 3.44).

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3.35

Having noted that no comments on the draft amendments to the Revised

recommendation had been submitted, the Committee confirmed its contents, as set out in

annex 9 to document MSC 103/WP.5, subject to editorial improvements, if any.

Draft MSC circular on voluntary early implementation of the draft amendments to

SOLAS chapter III and the LSA Code

3.36

The Committee recalled that SSE 7 had invited it to approve a draft MSC circular on

voluntary early implementation of the draft amendments to SOLAS chapter III and the LSA

Code, in conjunction with the adoption of the draft amendments to SOLAS regulation III/33.2

and paragraph 4.4.1.3.2 of the LSA Code regarding testing requirements of free-fall lifeboats

(SSE 7/21, paragraph 15.7).

3.37

Having noted that no comments had been submitted on the draft MSC circular, the

Committee confirmed its contents, as set out in annex 10 to document MSC 103/WP.5, subject

to editorial improvements, if any.

STABLISHMENT OF THE

RAFTING

ROUP

3.38

Having considered the above matters, the Committee established the Drafting Group

on Amendments to Mandatory Instruments and instructed it, taking into account comments

made and decisions taken in plenary, to prepare, for consideration by the Committee with

a view to adoption and/or approval, as appropriate, the final text of the:

draft amendments to chapters II-1 and III of the 1974 SOLAS Convention,

including the associated MSC resolution;

draft amendments to annex 2 of part A of annex B to the 2011 ESP Code,

including the associated MSC resolution;

draft amendments to chapter 9 of the FSS Code, including the associated

MSC resolution;

draft amendments to chapter IV of the LSA Code, including the associated

MSC resolution;

draft amendments to chapter I of the 1978 STCW Convention, including the

associated MSC resolution;

draft amendments to part A chapter I of the STCW Code, including the

associated MSC resolution;

draft amendments to the

Revised recommendation on testing of life-saving

appliances

(resolution MSC.81(70)), including the associated MSC

resolution; and

draft MSC circular on voluntary early implementation of the draft

amendments to SOLAS chapter III and the LSA Code.

EPORT OF THE

RAFTING

ROUP

3.39

Having considered the report of the Drafting Group (MSC 103/WP.7), the Committee

approved it in general and took action as outlined below.

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Adoption of amendments to the 1974 SOLAS Convention and related mandatory codes

Amendments to chapters II-1 and III of the annex to the 1974 SOLAS Convention

3.40

The expanded Committee, including delegations of 109 Contracting Governments to

the 1974 SOLAS Convention, considered the final text of the proposed amendments to

chapters II-1 and III of the annex to the Convention, prepared by the Drafting Group

(MSC 103/WP.7, annex 1), and adopted them unanimously by resolution MSC.482(103), as

set out in annex 1.

3.41

In adopting resolution MSC.482(103), the expanded Committee determined, in

accordance with article VIII(b)(vi)(2)(aa) of the 1974 SOLAS Convention, that the adopted

amendments to the Convention should be deemed to have been accepted on 1 July 2023

(unless, prior to that date, objections were communicated to the Secretary-General, as

provided for in article VIII(b)(vi)(2) of the Convention) and enter into force on 1 January 2024,

in accordance with article VIII(b)(vii)(2) and the

Guidance on entry into force of amendments

to the 1974 SOLAS Convention and related mandatory instruments

(MSC.1/Circ.1481).

Amendments to the 2011 ESP Code

3.42

The expanded Committee, including delegations of 109 Contracting Governments to

the 1974 SOLAS Convention, considered the final text of the proposed amendments to annex 2

of part A of annex B to the 2011 ESP Code, prepared by the Drafting Group (MSC 103/WP.7,

annex 2), and adopted them unanimously by resolution MSC.483(103), as set out in annex 2.

3.43

In adopting resolution MSC.483(103), the expanded Committee determined, in

accordance with article VIII(b)(vi)(2)(bb) of the 1974 SOLAS Convention, that the adopted

amendments to the 2011 ESP Code should be deemed to have been accepted on 1 July 2022

(unless, prior to that date, objections were communicated to the Secretary-General, as

provided for in article VIII(b)(vi)(2) of the Convention) and enter into force on 1 January 2023.

Amendments to the FSS and LSA Codes

3.44

The expanded Committee, including delegations of 109 Contracting Governments to

the 1974 SOLAS Convention, considered the final text of the proposed amendments to:

chapter 9 of the FSS Code (MSC 103/WP.7, annex 3); and

chapter IV of the LSA Code (MSC 103/WP.7, annex 4),

prepared by the Drafting Group, and adopted them unanimously by resolutions MSC.484(103)

and MSC.485(103), respectively, as set out in annexes 3 and 4, respectively.

3.45

In adopting the above resolutions, the expanded Committee determined,

in accordance with article VIII(b)(vi)(2)(aa) of the 1974 SOLAS Convention, that the adopted

amendments to the FSS and LSA Codes should be deemed to have been accepted

on 1 July 2023 (unless, prior to that date, objections were communicated to the

Secretary-General, as provided for in article VIII(b)(vi)(2) of the Convention) and enter into

force on 1 January 2024, in accordance with the provisions of SOLAS article VIII.

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Adoption of amendments to the 1978 STCW Convention and the STCW Code

Adoption of amendments to the 1978 STCW Convention

3.46

The expanded Committee, including delegations of 108 Parties to the 1978 STCW

Convention, considered the final text of the proposed amendments to chapter 1 of the 1978

STCW Convention, prepared by the Drafting Group (MSC 103/WP.7, annex 5), and adopted

them unanimously by resolution MSC.486(103), as set out in annex 5.

3.47

In adopting resolution MSC.486(103), the expanded Committee determined, in

accordance with article XII(1)(a)(vii)(2) of the 1978 STCW Convention, that the adopted

amendments to the 1978 STCW Convention should be deemed to have been accepted

on 1 July 2022 (unless, prior to that date, objections were communicated to the

Secretary-General, as provided for in article XII(1)(a)(ix)) of the Convention) and enter into

force on 1 January 2023, in accordance with the provisions of article XII of the Convention.

Adoption of amendments to the STCW Code

3.48

The expanded Committee, including delegations of 108 Parties to the 1978 STCW

Convention, considered the final text of the proposed amendments to part A, chapter I, of the

STCW Code, prepared by the Drafting Group (MSC 103/WP.7, annex 6), and adopted them

unanimously by resolution MSC.487(103), as set out in annex 6.

3.49

In adopting resolution MSC.487(103), the expanded Committee determined, in

accordance with article XII(1)(a)(vii)(2) of the 1978 STCW Convention, that the adopted

amendments to the STCW Code should be deemed to have been accepted on 1 July 2022

(unless, prior to that date, objections were communicated to the Secretary-General, as

provided for in article XII(1)(a)(ix)) of the Convention) and enter into force on 1 January 2023,

in accordance with the provisions of article XII of the Convention.

Adoption of amendments to, and approval of new, non-mandatory instruments

3.50

The Committee considered the final text of amendments to a non-mandatory

instrument, and of a new instrument, as prepared by the Drafting Group (MSC 103/WP.7,

annexes 7 and 8, respectively), and:

adopted resolution MSC.488(103) on

Amendments to the Revised

recommendation on testing of life-saving appliances (resolution MSC.81(70)),

as set out in annex 7; and

approved MSC.8/Circ.2 on

Voluntary early implementation of the draft

amendments to SOLAS chapter III and the LSA Code.

Authorization of the Secretariat

3.51

The Committee authorized the Secretariat, when preparing the authentic texts of the

amendments adopted at this session, to make any editorial corrections that might be identified,

including updating references to renumbered paragraphs, and to bring to the attention of the

Committee any errors or omissions.

3.52

The Committee further requested the Secretariat to ensure that the final text of the

amendments contained in the annexes to the report was presented as clean text (i.e. not

showing tracked changes).

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4.1

CAPACITY-BUILDING FOR THE IMPLEMENTATION OF NEW MEASURES

The Committee postponed consideration of this agenda item to MSC 104.

REGULATORY SCOPING EXERCISE FOR

AUTONOMOUS SURFACE SHIPS (MASS)

THE

USE

MARITIME

5.1

The Committee recalled that MSC 102 had deferred consideration of this agenda item

to MSC 103 (MSC 102/24, paragraphs 1.13 and 5.1) and that, as a result, all documents

submitted on this matter to MSC 102 would also be considered at this session.

5.2

The Committee also recalled that MSC 100 had approved the framework for the

regulatory scoping exercise (RSE) for the use of MASS, including the plan of work and

procedures (MSC 100/20, paragraphs 5.28 and 5.29 and annex 2) and noted that, in

accordance with this plan, the RSE should have been completed at MSC 102 in May 2020 but

that owing to the COVID-19 pandemic the work was delayed and thus should be completed at

this session.

5.3

In order to meet the above objective of finalizing the RSE so as to subsequently

enable Member States to submit proposals for substantial work on MASS, the Committee

further recalled its earlier decision to limit the objective of the RSE to assess the degree to

which the existing regulatory framework might be affected in order to address MASS

operations and to identify items for further discussion in the future; and that, therefore, the

objective was not to discuss or decide on recommendations.

Progress of the RSE

5.4

With respect to the progress made on the RSE, the Committee noted document

MSC 102/5 (Secretariat) reporting on developments and containing the agreed timeline for

finalizing the RSE.

Report of the Intersessional Working Group on MASS

5.5

The Committee considered the report of the Intersessional Working Group

(MSC 102/5/1), held from 2 to 5 September 2019 and chaired by Mr. Henrik Tunfors (Sweden),

approved it in general and took action as outlined below.

5.6

The Committee noted the Group's consideration of the results of the first step of the

RSE and that the Group had commenced the second step for all instruments considered, as

well as the consideration of matters to be used as guidance for the second step and beyond.

5.7

The Committee also noted the consideration of the expected outcome of the RSE,

which had provided guidance on the required format and content of the necessary input to

MSC 102. It was further noted that the Group had agreed that the outcome of the RSE, to be

finally agreed by the Committee, should contain:

a background section, inter alia including the process followed during the

RSE;

information for all degrees of autonomy for every instrument under the

purview of the Committee expected to be affected by MASS operations;

the most appropriate way(s) of addressing MASS operations in those

instruments, as appropriate;

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identification of themes and/or potential gaps that required addressing;

identification of possible links between instruments;

identification of priorities for further work, including terminology and the order

in which instruments could be addressed taking into account common

themes and potential gaps; and

references to the material produced before and during the RSE, in particular

IMO documents.

5.8

In this connection, the Committee:

noted the format of the report on the outcome of the second step to MSC 102

and that the volunteering Member States had reported in line with the agreed

format;

endorsed, with respect to any work on MASS to be undertaken in the future,

the Group's agreement on the need for justification in relation to any future

proposals for changes to the regulatory framework; and

endorsed the Group's view on the need to establish a MASS Working Group

at MSC 102 (now, owing to the pandemic, MSC 103, see paragraph 5.1),

considering the work remaining to finalize the RSE.

Results of the second step of the RSE

5.9

The Committee referred the reports provided by volunteering Member States,

containing the results of the second step of the RSE, directly to the MASS Working Group,

without consideration in plenary, i.e. documents MSC 102/5/3 (Marshall Islands), MSC 102/5/4

(Belgium et al.), MSC 102/5/5 (India), MSC 102/5/6 (France), MSC 102/5/8 (Liberia),

MSC 102/5/9 (China), MSC 102/5/10, MSC 102/5/11 and MSC 102/5/12 (Finland),

MSC 102/5/13 (France, Spain), MSC 102/5/15 (Turkey), MSC 102/5/17 (United States),

MSC 102/5/19 to MSC 102/5/24 (Japan), MSC 102/5/25 (Norway), MSC 102/5/26 (Japan) and

MSC 103/5/4 (Japan) (for the part commenting on Step 2 only).

Common potential gaps and/or themes

5.10

With respect to the common potential gaps and/or themes identified during the RSE,

the Committee considered the following documents:

MSC 102/5/7 (Germany), proposing to develop a common and goal-based

understanding on the main issues, and providing a list of common potential

gaps and/or themes identified during the first step of the RSE;

MSC 102/5/30 (Republic of Korea), commenting

MSC 102/5/1, MSC 102/5/2 and MSC 102/5/7;

documents

MSC 103/5/1 (Republic of Korea), commenting on several documents

regarding issues identified as common potential gaps and themes during

Step 1 of the RSE;

the relevant part of document MSC 103/5 (IACS), supporting the proposal in

document MSC 102/5/7; and

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MSC 103/5/2 (Islamic Republic of Iran), commenting on documents

MSC 102/5/7 and MSC103/5 and providing suggestions to facilitate the

finalization of the RSE and prioritize future work.

5.11

The Committee noted the information provided in the aforementioned documents and

agreed to refer them to the MASS Working Group:

MSC 102/5/7, instructing it to take the list into account when considering the

identification of themes and/or potential gaps that required addressing;

MSC 102/5/30, MSC 103/5, MSC 103/5/1 and MSC 103/5/2, instructing it to

take the information into account when considering the identification of

themes and/or potential gaps that required addressing; and

MSC 103/5/2 and the relevant part of MSC 103/5, instructing it to take the

information into account when considering, in particular, the priorities for

further work.

5.12

The Committee considered document MSC 102/5/2 (IFSMA), commenting on

document MSC 102/5/1 and highlighting the identified common potential gap with respect to

the role of the master; and proposing recommendations for the Organization's future work on

MASS (see also paragraphs 5.31 to 5.36). After consideration, the Committee agreed to

consider the suggested next steps in paragraph 27 of the document at a time when it was

agreed to undertake work on this particular topic and, consequently, to keep the document in

abeyance for future consideration, as appropriate.

5.13

The Committee noted the information in document MSC 102/5/16 (CMI) containing a

summary of the analysis by CMI's International Working Group on MASS on instruments under

the purview of the Committee and identifying horizontal issues which cut across various

instruments. Acknowledging the relevance of the work carried out by CMI, the Committee

agreed to keep the document in abeyance for future consideration, as appropriate, and invited

CMI to provide additional information when it became available.

Priorities for further work

5.14

With respect to identifying priorities for the further work on MASS, the Committee

considered the following documents submitted by Japan:

MSC 102/5/27, proposing elements to be considered regarding the prioritization

of further work and proposals on the way forward after the RSE; and

MSC 103/5/4, commenting on documents MSC 102/5/9, MSC 102/5/11,

MSC 102/5/15 and MSC 102/5/27, in particular on the outcome of the

second step with respect to SOLAS chapters IV, V and XI-2 (see also

paragraph 5.9).

5.15

During the ensuing discussion, the following views were expressed:

a stepped approach to proceed with the discussion on MASS was supported

as MASS operations were implemented in stages, following developments

of technology as well as through gaining social acceptance;

the concept of a gradual, or stepped, approach was supported to cover the

degrees of autonomy as they materialized; and to provide for the

development of IMO instruments on an actual needs basis, and not on the

basis of potential needs;

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the stepped approach proposed in document MSC 102/5/27 was not

supported as different paths were pursued instead of a global approach to

cover all inherent issues of MASS operations; and

the next step in the development of a MASS regulatory framework should be

the development of guidelines to accelerate the IMO regulatory framework

for MASS and to gain experience, in particular, for degree of autonomy ONE.

5.16

After discussion, the Committee agreed to refer documents MSC 102/5/27 and

MSC 103/5/4 to the MASS Working Group instructing it to take the information in both

documents into account and the comments from plenary, when considering identification of

priorities for further work.

5.17

The Committee further considered the relevant parts of document MSC 103/5 (IACS)

commenting on issues such as "common potential gaps", "appropriate ways" and "degrees of

autonomy", as addressed in documents MSC 102/5/1, MSC 102/5/7, MSC 102/5/27 and

MSC 102/5/32, and also on the MASS terminology developed by ISO (MSC 102/5/18), and

referred the document to the MASS Working Group for further consideration, instructing it to

take the information into account when considering, in particular, the priorities for further work.

5.18

The Committee also considered the following documents submitted by China:

MSC 102/5/32, commenting on document MSC 102/5/1 and proposing five

policy issues to be considered as priorities to be included in the outcome of

the RSE; and

MSC 103/5/6, providing recommendations for work arrangements after the

RSE and the tasks that needed to be completed for the use of MASS, as well

as the political and technical issues to be overcome for the use of MASS in

future,

and agreed to refer them to the MASS Working Group for further consideration, instructing it to

take the information into account when considering the identification of priorities for further work.

5.19

The Committee considered document MSC 103/5/11 (Russian Federation), proposing

a phased MASS development with several strategic prospects, together with document

MSC 103/5/12 (Russian Federation) presenting the methodological principle of "complete

functional equivalence" presuming the full performance of all operational functions regardless

of control methods, including through the use of automatic and remote control; and referred

both documents to the MASS Working Group for further consideration instructing it to take the

information into account when considering identification of priorities for further work.

Development of internationally agreed terminology

5.20

With respect to the development of internationally agreed terminology for MASS, the

Committee considered the following documents:

MSC 102/5/18 (ISO), reporting on the ongoing work undertaken by ISO TC8

to develop internationally agreed terminology for MASS;

MSC 103/5/3 (ISO), providing an update of the work of ISO TC8 on MASS

terminology since MSC 102;

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MSC 102/5/31 (Republic of Korea), commenting on the ISO standardization

work on terminology for MASS (MSC 102/5/18) and proposing that ISO's

terminology should be based on the final results of the RSE;

the relevant part of document MSC 103/5 (IACS), stating that the ISO

standard did not provide clear definitions for "automatic" and "autonomous",

and that the proposed acronym "RCC" was already in use and therefore not

supported; and

MSC 103/5/2 (Islamic Republic of Iran), commenting on documents

MSC 102/5/18, MSC 102/5/7 and MSC 103/5 and, in supporting IACS views

in document MSC 103/5, not supporting the terminology proposed by ISO.

5.21

The observer from ISO, referring to documents MSC 102/5/18 and MSC 103/5/3,

informed the Committee that the term "RCC" had been removed and that the ISO definition of

"autonomy" was in line with the definition used in the RSE, albeit differently worded. In addition,

the observer invited Member States and international organizations to submit proposals to ISO for

the improvement of the MASS terminology, with the aim of submitting an updated version to a

future session, a process which would be supported by the planned international ballot on the

issue.

5.22

After consideration, the Committee:

invited ISO to take the Committee's discussion into account when continuing

their work on MASS terminology, in particular the issues raised in documents

MSC 102/5/31, MSC 103/5 and MSC 103/5/2, and to keep the Committee

abreast of future developments;

agreed that the development of a harmonized and well-defined terminology

was essential, especially as the progress on MASS would be considered by

various organizations and the industry, as well as by other IMO organs, such

as the LEG and FAL Committees; and

referred document MSC 103/5/3 to the MASS Working Group for further

consideration.

Future work

5.23

The Committee noted the information provided in document MSC 103/5/10 (Russian

Federation) on test results and suggestions on design, installation and use of remote-control

stations in real operational conditions, based on accumulated practical experience.

The Committee agreed to keep the document in abeyance for future consideration, as

appropriate, when it was agreed to undertake work on related matters.

5.24

With respect to the development of national legislation for conducting trials and

subsequent operations of MASS, the Committee considered the following documents

submitted by the Russian Federation:

MSC 102/5/14, informing on work carried out regarding the development of

national legislation for conducting trials and subsequent operations of MASS;

MSC 103/5/7, informing on the progress made in the preparation of draft law for

autonomous ships and highlighting matters for further discussion in developing

MASS-related legislation, on which initial information was provided in document

MSC 102/5/14; and

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MSC 103/5/8, providing an update on the development of national legislation for

conducting trials, on which initial information was provided in document

MSC 102/5/14.

5.25

Several delegations agreed with the proposals contained in document MSC 103/5/7, in

particular on the need to consider the issue of civil liability for MASS operations.

5.26

After discussion, the Committee concurred that the matters addressed in the above

documents should be further considered and, in the case of civil liability, would need to be

considered by the Legal Committee. Noting that such work could only be undertaken when

those particular topics were part of the work programme, the Committee agreed to keep all

three documents in abeyance for future consideration, as appropriate.

5.27

The Committee considered document MSC 103/5/5 (China), proposing to conduct a

comprehensive review of COLREG 1972, based on document MSC 102/5/3, and to identify all

issues that affected operations of MASS and/or conventionally steered ships; and agreed to

keep the document in abeyance until consideration of the matter in the future, when it had

been agreed to undertake work on this particular topic.

5.28

In noting the information provided in document MSC 102/5/28 (IMSO), proposing to

develop a new instrument to cover the regulation and operation of MASS communications, the

Committee agreed to keep the document in abeyance for future consideration when it had

been agreed to undertake work on those particular topics, as appropriate.

Coordination of work between the Maritime Safety, Legal and Facilitation Committees

5.29

With respect to the joint consideration of MASS by the Maritime Safety, Legal and

Facilitation Committees, the Committee considered the following documents:

MSC 102/5/2 (IFSMA), proposing that main potential gaps and themes for

the conventions under the purview of different committees should be

considered jointly by the Committees; and

MSC 102/5/30 (Republic of Korea), suggesting establishing a joint

LEG/MSC/FAL Working Group to consider the common potential gaps and

themes.

5.30

In this regard, the Committee recalled that it had already recognized that future work

with respect to main issues and common potential gaps and/or themes should be coordinated

between the Committees and that such coordination could be realized by establishing a joint

working group or through other means, for instance through active liaising between the

Committees on the common issues.

5.31

The Committee noted the view of some delegations that the work on MASS could be

progressed faster by establishing a joint MSC/LEG/FAL Working Group, given that there was

an urgent need to keep pace with fast-changing industry and technology developments. Other

delegations highlighted the need to keep in mind the legal implications in light of the Law of

the Sea as reflected in UNCLOS.

5.32

While there was wide support for establishing a joint MSC/LEG/FAL working group to

coordinate MASS-related regulatory work, the Committee agreed that it would be premature

to do so at this point in time, recognizing that the Committees had not yet completed the

regulatory scoping exercise for instruments under their purview, and that any future work on

MASS undertaken by a joint working group would require identifying common potential gaps

and/or themes as well as priorities for future work from all Committees. In this connection, the

Committee recalled that establishing a joint working group would require a new output, agreed

and approved by all three Committees.

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5.33

After discussion, the Committee agreed to take a decision on establishing a joint

working group after the RSE had been finalized, as the prerequisite for identifying further work

for consideration by such a joint group; and to proceed, in the meantime, by actively liaising

between the Committees on the common issues with the aim of aligning any future work.

Immediate further work on MASS

5.34

Having noted the industry's fast advancement with respect to developing MASS

technology and conducting trials, some delegations supported the inclusion of a standing

agenda item on MASS in the Committee's agenda and the establishment of an intersessional

working group to ensure a timely regulatory response to emerging MASS operations.

5.35

In this regard, the Committee noted views that certain high-priority items, among

others the consideration of the "role of the master" and the review of terminology, should be

considered and decided on before regulatory work on any instrument could commence; and

also views on the need for a road map, detailing priorities for further work.

5.36

In considering the proposal for a standing agenda item on MASS, the Committee

concluded that a focused approach was needed to progress the work on MASS and that a

standing agenda item would not be an efficient way to address the complexity of MASS

regulatory development, taking into account that the Committee had endorsed the

intersessional working group's conclusion of the need for justification in relation to any future

proposals for changes to the regulatory framework (see paragraph 5.8.2).

5.37

While there was consensus on the eventual establishment of an intersessional MASS

working group and on developing corresponding terms of reference to facilitate immediate

commencement of future work based on the RSE-identified common potential gaps and/or

themes and priorities for further work, the Committee noted that the current output was limited

to completing the regulatory scoping exercise for MASS and that any further work by the

Committee would require a new output proposal.

5.38

In light of the above and bearing in mind that the MASS Working Group would not be

in a position to draft terms of reference for any future work to be undertaken by an

intersessional working group prior to having an output proposal for future work considered and

approved, the Committee agreed not to undertake any further work on MASS beyond the

scope of the current output until it had approved a new output; and consequently invited

interested Member States to submit proposals for new output(s) on MASS to a future session

of the Committee, as appropriate.

MASS trials

5.39

Mindful of the

Interim guidelines for MASS trials

(MSC.1/Circ.1604), which

encouraged relevant authorities to report the results and lessons learned from trials to the

Organization through appropriate means, the Committee noted the following documents by the

Russian Federation and Japan:

MSC 102/5/29, providing information on MASS trials contributing to the

development of national legislation for conducting trials and subsequent

operation of MASS;

MSC 103/5/9, providing the interim results of the Autonomous and Remote

Navigation Trial Project, carried out by the Russian Federation as outlined in

document MSC 102/5/29; and

MSC 102/INF.8 (Japan) providing information on MASS trials conducted by

NYK Group, in accordance with the Interim Guidelines.

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5.40

In this regard, the Committee noted a statement by the delegation of Panama

regarding the authorization of MASS trials complying with the Interim Guidelines, maintaining

its support as a registry to advance this work, the full text of which is set out in annex 16.

5.41

The Committee noted the information contained in document MSC 102/INF.17

(Finland) on remote and autonomous technologies, including artificial intelligence (AI).

Establishment of a working group

5.42

The Committee noted document MSC 103/WP.11 (Chair of the MASS Working

Group), containing a draft assessment of the degree to which the existing regulatory framework

under the purview of the Committee might be affected in order to address MASS operations,

and agreed to use it as the base document to prepare the outcome of the RSE.

5.43

The Committee established the MASS Working Group, chaired by Mr. Henrik Tunfors

(Sweden), and instructed it, taking into account comments and decisions made in plenary, to

consider the results of the second step of the RSE (MSC 102/5/3, MSC 102/5/4, MSC 102/5/5,

MSC 102/5/6, MSC 102/5/8, MSC 102/5/9, MSC 102/5/10, MSC 102/5/11, MSC 102/5/12,

MSC 102/5/13, MSC 102/5/15, MSC 102/5/17, MSC 102/5/19, MSC 102/5/20, MSC 102/5/21,

MSC 102/5/22, MSC 102/5/23, MSC 102/5/24, MSC 102/5/25 and MSC 102/5/26), taking into

account document MSC 102/5/1 and the relevant parts of document MSC 103/5/4, and to

prepare, using the annex to document MSC 103/WP.11 as the basis for the work, the outcome

of the RSE, which should contain as a minimum:

information for all degrees of autonomy for every instrument under the

purview of the Maritime Safety Committee expected to be affected by

MASS operations;

the most appropriate way(s) of addressing MASS operations in those

instruments, as appropriate;

identification of common themes and/or potential gaps that required

addressing, taking into account documents MSC 102/5/7, MSC 102/5/30,

MSC 103/5, MSC 103/5/1 and MSC 103/5/2;

identification of possible links between instruments; and

identification of priorities for further work, including terminology and the

order in which instruments could be addressed taking into account common

themes and potential gaps, and documents MSC 102/5/27, MSC 102/5/32,

MSC 103/5, MSC 103/5/2, MSC 103/5/3, MSC 103/5/4, MSC 103/5/6,

MSC 103/5/11 and MSC 103/5/12.

Report of the Working Group

5.44

Having considered the report of the MASS Working Group (MSC 103/WP.8), the

Committee approved it in general and took action as described below.

Finalization of the regulatory scoping exercise (RSE)

5.45

The Committee approved the outcome of the regulatory scoping exercise, as set out

in annex 8.

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5.46

In order to facilitate the forthcoming work on developing a regulatory framework for

MASS operations and add more transparency to the outcome of the RSE, as well as making

it available to a wider audience for use as the platform for further work, the Committee agreed

to also disseminate the outcome of the RSE by means of MSC.1/Circ.1638.

Submission of new output proposals for MASS operations

5.47

The Committee noted that the best way forward to address MASS in the IMO regulatory

framework could, preferably, be in a holistic manner through the development of a goal-based

MASS instrument. The Committee further noted that, bearing in mind that even the introduction

of a new MASS instrument might still require amendments to existing IMO instruments, the

Group had also considered the possibility of addressing MASS operations in individual IMO

instruments and had agreed that, in this respect, tables 3 to 5 of the outcome of the regulatory

scoping exercise (see annex 8) should be taken into account, listing the high, medium and

low-priority instruments, respectively (see also MSC 103/WP.8, paragraphs 12 to 14).

5.48

In this regard, the Committee invited Member States to submit output proposals on

how to achieve the best way forward (see paragraphs 5.38 and 5.47) and also to report on the

experience gained in the operation of MASS.

Completion of the output

5.49

Having completed the work on this output, the Committee noted with appreciation

that, although this was only the beginning of a long way to go in addressing MASS operations

in the Organization's regulatory framework, it was the all-important first step, paving the way

to focused discussions in order to ensure that regulation would keep pace with technological

developments.

DEVELOPMENT OF FURTHER MEASURES TO ENHANCE THE SAFETY OF

SHIPS RELATING TO THE USE OF FUEL OIL

Background

6.1

The Committee recalled that MSC 101 had adopted

Recommended interim measures

to enhance the safety of ships relating to the use of oil fuel

(resolution MSC.465(101));

endorsed the related action plan (MSC 101/24, annex 13); and established a correspondence

group to continue the work on the development of further measures to enhance the safety of

ships relating to the use of oil fuel (MSC 101/24, paragraph 8.18).

6.2

The Committee also recalled that MSC 102 had postponed the consideration of this

agenda item to this session.

Outcome of MSC 101 and MEPC 75

6.3

The Committee recalled that MSC 101 had:

agreed that a GISIS platform for the reporting of non-compliance with

flashpoint requirements should be developed;

invited interested parties to participate in the Correspondence Group on Data

Collection and Analysis under Regulation 18 of MARPOL Annex VI

(MEPC 75/5/1) established by MEPC 74; and

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requested the Secretariat to provide the outcome related to the GISIS

module to the MEPC Correspondence Group.

6.4

The Committee also recalled that MSC 101 had invited MEPC 75 to advise on the

outcome of the investigation for the reporting of additional items on GISIS, in particular

regarding the reporting of confirmed cases where oil fuel suppliers delivered fuel failing to meet

the requirements specified in SOLAS regulation II-2/4.2.1 in the GISIS module.

6.5

In this context, the Committee noted that MEPC 75 had deferred the consideration of

the report of the Correspondence Group on data collection and analysis (MEPC 75/5/1) to

MEPC 76 (MEPC 75/18, paragraph 5.15).

Report of the Correspondence Group

6.6

The Committee had for its consideration document MSC 102/6 (Germany), containing

the report of the Correspondence Group on the development of further measures to enhance

the safety of ships relating to the use of oil fuel. In this context, the Committee also had for its

consideration the following documents providing comments on the report:

MSC 102/6/1 (China), referring to lessons learned from cases provided in

documents MSC 102/INF.19 (assessments of three explosions in fuel oil tanks

and two explosions of components of fuel oil booster unit/systems, in particular

lessons learned regarding the necessity of developing specific precautionary

and hazard mitigation measures of viscous substances in fuel oil) and

MSC 102/INF.18 (mechanical incident caused by non-compliant fuel oil

containing deleterious chemicals (organic chlorinated hydrocarbons) and

three lessons learned from the incident, in particular that shipping companies

should consider establishing a fuel oil quality sampling and verification

mechanism and a non-compliant fuel oil investigation and reporting scheme

as a temporary measure);

MSC 102/6/2 (Cook Islands and ICS), proposing solutions for a list of items

that were either not resolved or found to be beyond the scope of work of the

Correspondence Group;

MSC 103/6 (Japan), commenting, in particular, on the verification procedure

for fuel oil samples and the measures taken in the event of indicative test

results obtained from the ship's own tests; and

MSC 103/6/1 (China), encouraging Member States to provide consolidated

fuel oil parameter testing services for shipping industry at their pivotal

bunkering ports; proposing to refer to the practice of experience-building

phase (EBP) of the Ballast Water Management Convention

(BWM Convention) and encouraging Member States to report confirmed

cases of fuel oil safety issues to IMO.

Reporting confirmed cases

6.7

In considering the Group's discussion on reporting confirmed cases where oil fuel

suppliers failed to meet the flashpoint requirements (MSC 102/6, paragraphs 4 to 11 and

annex 1), the Committee instructed the Working Group (see paragraph 6.16) to further develop

mandatory requirements regarding the reporting of confirmed cases where oil fuel suppliers

failed to meet the flashpoint requirements, based on annex 1 to document MSC 102/6 and

taking into account documents MSC 102/6/1, MSC 103/6, MSC 102/INF.18 and

MSC 102/INF.19.

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Action against oil fuel suppliers in confirmed cases of deliveries of oil fuel not

complying with flashpoint requirements

6.8

The Committee considered the Group's discussion on action against oil fuel suppliers

in confirmed cases of deliveries of oil fuel not complying with the requirements specified in

SOLAS regulation II-2/4.2.1 (MSC 102/6, paragraphs 12 to 19 and annex 2) and noted the

following views:

the proposal to develop mandatory licensing schemes for bunker suppliers

had already been considered by the Correspondence Group;

the development of mechanisms for licensing schemes for bunker suppliers

was supported and should be carried out in coordination with MEPC;

the Working Group should be instructed to further consider licensing

schemes for bunker suppliers from a safety point of view; and

consideration of licensing schemes for bunker suppliers should have a lower

priority in the Working Group.

6.9

Following consideration, the Committee instructed the Working Group to:

further consider the implementation of licensing schemes for bunker suppliers

as part of further actions to enhance the safety of ships relating to the use of fuel

oil (see paragraph 6.16.5) and advise the Committee how best to proceed; and

further develop mandatory requirements to ensure SOLAS Contracting

Governments took action, as appropriate, against oil fuel suppliers in

confirmed cases of deliveries of oil fuel that did not comply with the

requirements specified in SOLAS regulation II-2/4.2.1, based on annex 2 to

document MSC 102/6, taking into account document MSC 102/6/2.

Documentation of the flashpoint of the actual fuel batch when bunkering

6.10

In considering the Group's discussion on requirements regarding the documentation

of the flashpoint of the actual fuel batch when bunkering (MSC 102/6, paragraphs 20 to 26 and

annex 3), the Committee noted the following views:

the benefits and effectiveness of further regulations regarding flashpoint

were not proven and there was no merit in requiring the actual flashpoint as

opposed to a statement that it met the 60°C from a practical perspective;

the proposal in paragraph 14 of document MSC 102/6/2 should be carefully

considered, in particular with regard to the mandating of the sample location;

the flashpoint of the actual fuel batch when bunkering should be documented

and fuel suppliers should verify the flashpoint in accordance with SOLAS

requirements; and

through incident investigations, significant differences of flashpoint among

different batches had been found and the impacts on the safety of ships and

seafarers should be addressed.

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6.11

Following consideration, the Committee instructed the Working Group to further

develop mandatory requirements regarding the documentation of the flashpoint of the actual

fuel batch when bunkering, taking into account annex 3 to document MSC 102/6 and document

MSC 102/6/2.

Guidelines for ships to address situations where they have indicative test results

suggesting that oil fuel supplied may not comply with flashpoint requirements

6.12

The Committee considered the Group's discussion on guidelines for ships to address

situations where they had indicative test results suggesting that the oil fuel supplied might not

comply with SOLAS regulation II-2/4.2.1 (MSC 102/6, paragraphs 27 to 33 and annex 4) and

noted the following views:

ships' voluntary fuel tests should be encouraged, and measures taken in

case of indicative test results obtained from the ship's own tests should be

carefully considered;

measures which might cause deviation from the planned route or undue

delay of the voyage, resulting in a negative incentive for carrying out ships'

voluntary tests, should be avoided;

flashpoints below 60°C were relatively rare and the existing operational

procedures should prevent accidents in case of flashpoints measured a few

degrees lower than 60°C, and safety procedures and equipment should be

designed to tolerate a flashpoint slightly below the limits;

the Committee should develop guidelines on pragmatic and workable

measures to address situations where indicative test results suggested that

the oil fuel supplied might fall slightly below the SOLAS requirements;

non-compliant fuel oil debunker requirements should be carefully considered;

and

the development of guidelines for ships to address situations where they had

indicative test results suggesting that the oil fuel supplied might not comply

with SOLAS regulation II-2/4.2.1 should be supported and document

MSC 102/INF.19 should be taken into account by the Working Group.

6.13

Following consideration, the Committee instructed the Working Group to develop

guidelines for ships to address situations where they had indicative test results suggesting that

the oil fuel supplied might not comply with SOLAS regulation II-2/4.2.1, taking into account the

draft requirements as set out in annex 4 to document MSC 102/6 and documents MSC 102/6/1,

MSC 102/6/2, MSC 103/6 and MSC 102/INF.19.

Measures related to oil fuel parameters other than flashpoint

6.14

Having considered the information on possible measures related to oil fuel

parameters other than flashpoint (MSC 102/6, paragraphs 34 to 36 and annex 5), the

Committee instructed the Working Group to consider further possible actions, including

measures related to oil fuel parameters other than flashpoint, taking into account annex 5 to

document MSC 102/6 and documents MSC 102/6/1, MSC 102/6/2, MSC 103/6/1,

MSC 102/INF.18 and MSC 102/INF.19, and advise the Committee how best to proceed.

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Action plan for measures to enhance the safety of ships relating to the use of oil fuel

6.15

Having noted that the action plan for measures to enhance the safety of ships relating

to the use of oil fuel (MSC 101/24, annex 13) might require updating owing to the COVID-19

pandemic and the consequent postponement of the work under this agenda item, the

Committee instructed the Working Group to update the plan, taking into account the progress

made at this session.

Establishment of the Working Group

6.16

Having considered the above matters, the Committee established the Working Group

on Measures to Enhance the Safety of Ships Relating to the Use of Oil Fuel and instructed it,

taking into account comments and decisions made in plenary, to:

further develop mandatory requirements regarding the reporting of confirmed

cases where oil fuel suppliers had failed to meet the flashpoint requirements,

based on annex 1 to document MSC 102/6 and taking into account

documents MSC 102/6/1, MSC 103/6, MSC 102/INF.18 and

MSC 102/INF.19;

further develop mandatory requirements to ensure SOLAS Contracting

Governments took action as appropriate against oil fuel suppliers in

confirmed cases of deliveries of oil fuel that did not comply with the

requirements specified in SOLAS regulation II-2/4.2.1, based on annex 2 to

document MSC 102/6 and taking into account document MSC 102/6/2;

further develop mandatory requirements regarding the documentation of the

flashpoint of the actual fuel batch when bunkering, taking into account

annex 3 to document MSC 102/6 and document MSC 102/6/2;

develop guidelines for ships to address situations where they had indicative

test results suggesting that the oil fuel supplied might not comply with SOLAS

regulation II-2/4.2.1, taking into account the draft requirements as set out in

annex 4 to document MSC 102/6 and documents MSC 102/6/1,

MSC 102/6/2, MSC 103/6 and MSC 102/INF.19;

consider further possible actions, including measures related to oil fuel

parameters other than flashpoint, taking into account annex 5 to document

MSC 102/6 and documents MSC 102/6/1, MSC 102/6/2, MSC 103/6/1,

MSC 102/INF.18 and MSC 102/INF.19, and advise the Committee on how

best to proceed;

review and update the action plan for the work under this output, based on

annex 13 to document MSC 101/24; and

consider whether the Correspondence Group should be re-established and,

if so, prepare terms of reference for consideration by the Committee.

Report of the Working Group

6.17

Having considered the report of the Working Group (MSC 103/WP.10), the Committee

approved it in general and took action, as described below.

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Reporting of confirmed cases of oil fuel suppliers failing to meet flashpoint

requirements

6.18

The Committee noted the progress made by the Group on the draft SOLAS

amendments on reporting of confirmed cases where oil fuel suppliers had failed to meet the

flashpoint requirements of the Organization (MSC 103/WP.10, paragraph 15 and annex 1).

Actions against oil fuel suppliers delivering non-compliant oil fuel

6.19

The Committee noted the progress made by the Group on the draft SOLAS

amendments on actions against oil fuel suppliers that had been found to deliver oil fuel that did

not comply with minimum flashpoint requirements (MSC 103/WP.10, paragraph 19 and

annex 2).

Documentation of flashpoint of actual fuel batch when bunkering

6.20

The Committee noted the progress made by the Group on developing mandatory

requirements regarding the documentation of the flashpoint of the actual fuel batch when

bunkering (MSC 103/WP.10, paragraph 25 and annex 3).

Guidelines for ships to address non-compliant oil fuel

6.21

The Committee noted the progress made by the Group on developing guidelines for

ships to address situations where indicative test results suggested that the oil fuel supplied

might not comply with flashpoint requirements (MSC 103/WP.10, paragraph 30 and annex 4).

Additional actions

6.22

The Committee, having noted the deliberations of the Group with regard to

coordination between MSC and MEPC (MSC 103/WP.10, paragraphs 10, 21 and 34), invited

Member States to submit information on cases where oil fuel jeopardized the safety of ships

or personnel or adversely affected the performance of the machinery under this output

(MSC 103/WP.10, paragraph 32).

6.23

Having noted the deliberations of the Group with regard to licensing schemes for

bunker suppliers (MSC 103/WP.10, paragraphs 33 to 36), the Committee invited Member

States to consider the implementation of such schemes for bunker suppliers operating in their

jurisdiction.

6.24

In this connection, the Committee also noted a statement by the delegation of Greece,

stating that fuel oil safety was a matter of paramount importance and enhanced safety

measures should be undertaken by Member States and that, therefore, a more robust wording

should be used in this context and the Committee should encourage Member States to

implement, rather than invite them to consider implementing, licensing schemes for bunker

suppliers operating in their jurisdiction.

6.25

Furthermore, the Committee noted that the Group had prepared a list of relevant

information and references to related documents (MSC 103/WP.10, paragraph 38 and

annex 5) to support the work of the Correspondence Group, if established (see

paragraph 6.27).

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Action plan for further work

6.26

The Committee endorsed the updated action plan for the work under this agenda item

(MSC 103/WP.10, paragraph 40 and annex 6) and extended the target completion year for the

output on ʺDevelopment of further measures to enhance the safety of ships relating to the use

of fuel oilʺ to 2023 (MSC 103/WP.10, paragraph 41).

Re-establishment of a correspondence group

6.27

Having considered the above matters and in order to progress the work

intersessionally, the Committee re-established the Correspondence Group on Oil Fuel Safety,

under the coordination of Germany,

with the following terms of reference:

further develop, with a view towards finalization, draft SOLAS amendments

regarding the reporting of confirmed cases where oil fuel suppliers have

failed to meet the flashpoint requirements of the Organization, taking into

account that feedback should also be provided to the supplier, based on

annex 1 to document MSC 103/WP.10;

further develop, with a view towards finalization, the draft SOLAS

amendments on actions against oil fuel suppliers that have been found to

deliver oil fuel that does not comply with minimum flashpoint requirements,

based on annex 2 to document MSC 103/WP.10;

further develop, with a view to finalization, the mandatory requirements

regarding the documentation of the flashpoint of the actual fuel batch when

bunkering, taking into account annex 3 to document MSC 103/WP.10 and

the outcome of MEPC 76, as appropriate;

further develop the guidelines for ships to address situations where indicative

test results suggest that the oil fuel supplied may not comply with SOLAS

regulation II-2/4.2.1, taking into account annex 4 to document

MSC 103/WP.10;

collect information on and consider possible measures related to oil fuel

parameters other than flashpoint; and

submit a written report to MSC 105.

7.1

GOAL-BASED NEW SHIP CONSTRUCTION STANDARDS

The Committee postponed consideration of this agenda item to MSC 104.

Coordinator:

Mr. Christian Allgeier

Maritime Safety Division

Federal Ministry of Transport and Digital Infrastructure

Robert-Schuman-Platz 1

53175 Bonn

Germany

Tel: +49 (0)228 99-300-4631

Email:

[email protected]

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MEASURES TO IMPROVE DOMESTIC FERRY SAFETY

Background

8.1

The Committee recalled that MSC 101 agreed to:

include a new item on ʺMeasures to improve domestic ferry safetyʺ in the

provisional agenda of the Committee, with four sessions needed to complete

the work;

develop Model Regulations on Domestic Ferry Safety;

provide guidance on the incorporation of such model regulations in domestic

law;

develop online training material on domestic ferry safety; and

continue to provide technical assistance to countries in need through the

Organizationʹs Integrated Technical Cooperation Programme (ITCP).

8.2

The Committee also recalled that MSC 101 had approved a plan of work

(MSC 101/24, annex 30); requested the Secretariat to lead the work in collaboration with

interested parties and report to MSC 102 on the progress made; and invited Member States,

particularly China, and international organizations to actively contribute to the work.

8.3

The Committee noted that, as MSC 102 had deferred the agenda item to this session,

this affected the target completion date of the item and, therefore, agreed that it was now

envisaged that the item would be completed in 2023 though overall requiring four sessions to

complete the work, as indicated in document MSC 103/8, annex 2.

Progress report

8.4

Having considered document MSC 102/8 (Secretariat), providing information on

progress made since MSC 101, the Committee:

noted that the Secretariat, as agreed at MSC 101, had continued to develop

further the basic structure of the draft model regulations in consultation with

stakeholders and submitted the expanded structure for consideration at this

session (MSC 102/8, paragraph 1.4 and annex 2);

endorsed the list of observed and potential gaps in domestic ferry safety

(MSC 102/8, paragraph 3);

invited IMLI to note the developments and to develop a curriculum, or take

other appropriate steps, whereby interested IMLI students could undertake

assignments on incorporating the model regulations into the domestic

legislation of their respective countries (MSC 102/8, paragraph 4.3);

endorsed the outcome of the Regional Workshop on Safety of Domestic

Ferries and Non-convention Ships, held in Lagos, Nigeria, in October 2019,

to develop explanatory notes to the framework Model Regulations on

Domestic Ferry Safety (MSC 102/8, paragraph 4.4);

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noted the updated plan of work subject to necessary adjustments in the

future (MSC 102/8, paragraph 5 and annex 2);

considered the future status of the framework model regulations including

the possibility of developing a stand-alone convention on domestic ferry

safety (MSC 102/8, paragraph 8) and invited stakeholders to submit relevant

comments and proposals to a future session of the Committee for detailed

consideration;

noting the complexities involved in determining the status of the draft

framework model regulations as to sole IMO, joint or collaborative, and the

related impact on possible future amendments to the regulations

(MSC 102/8, paragraph 10), agreed that, for the time being, these

regulations should be reflected as regulations developed in collaboration with

stakeholders, and invited stakeholders to submit relevant comments and

proposals to a future session of the Committee for consideration;

approved, in principle, the basic structure of the framework Model

Regulations on Domestic Ferry Safety, subject to ongoing review

(MSC 102/8, paragraph 11 and annex 3) and consideration (MSC 103/8,

annex 1);

noted that the Secretariat would continue to deliberate on how to proceed

with developing online training material on domestic ferry safety and would

submit options for consideration at a future session of the Committee,

following the adoption of the model regulations (MSC 102/8, paragraph 12);

and

noted the potential development of a joint IMO and United Nations ESCAP

database on domestic ferry safety which could be incorporated in the new

Country Maritime Profile module in GISIS to assist in monitoring and managing

initiatives relating to domestic ferry safety (MSC 102/8, paragraph 13).

.10

Bangkok Declaration 2020

8.5

The Committee, having considered the Bangkok Declaration on Enhancing Domestic

Ferry Safety in Asia and the Pacific Region and the Development of Model Regulations on

Domestic Ferry Safety (MSC 102/8/Add.1, annex), endorsed the Declaration.

8.6

The Committee thanked all those who had taken part in the Expert Group Meeting on

Improving Domestic Ferry Safety in Support of Safe Maritime Connectivity in Asia and the

Pacific, which had initially been planned to take place at UNCC, Bangkok, Thailand, on 17

and 18 March 2020, but had taken place virtually due to issues surrounding COVID-19.

Proposals on the development of model regulations, guidance and online training

8.7

In the context of the development of the Model Regulations on Domestic Ferry Safety,

guidance on the incorporation of the regulations in domestic law, and online training, the

Committee considered the following documents:

MSC 102/8/1 (China), proposing to develop and providing an outline for an

online training course on domestic ferry safety from an educational and

training standpoint and making an alignment with the upcoming model

regulations and related guidelines;

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MSC 102/8/2 (China), providing a draft framework of guidance on the

incorporation of the model regulations in domestic law, in accordance with

decisions taken at MSC 101;

MSC 102/8/3 (China), proposing measures to address challenges identified

in workshops and training conducted by China over the last three years on

domestic ferry safety;

MSC 102/8/4 (Indonesia), emphasizing that the model regulations should not

be prescriptive in nature since domestic ferries varied in terms of size,

design, operational profile and purposes;

MSC 102/8/5 (Islamic Republic of Iran), providing comments on document

MSC 102/8 (Secretariat) and containing proposals for inclusion of a number

of important issues among the causes for accidents involving domestic

ferries, as well as important issues to be addressed in the draft model

regulations; and

MSC 102/8/6 (Philippines), supporting the approach of the Secretariat in

document MSC 102/8 and suggesting that, parallel to the development of

framework model regulations, certain key aspects related to improving

domestic ferry safety needed to be considered.

8.8

In the ensuing discussion, the following views, inter alia, were expressed:

the draft model regulations (MSC 103/8, annex 2) were framework in nature

and as such not prescriptive;

the regulations were flexible and interested countries could adapt them

according to their needs; and

technical cooperation played an important role in improving domestic ferry

safety.

8.9

Following discussion, the Committee thanked China, Indonesia, the Islamic Republic

of Iran and the Philippines for the valuable suggestions and agreed that the contents of the

documents should be taken into account by the Secretariat and stakeholders when taking

forward matters pertaining to domestic ferry safety.

8.10

The Committee noted the information provided by the Republic of Korea in documents

MSC 102/INF.12 regarding inflatable buoyancy support system against flooding of ships and

MSC 102/INF.13 regarding simulation data-based decision support for incident response for

ferries.

Model Regulations on Domestic Ferry Safety

8.11

The Committee, in considering document MSC 103/8 (Secretariat), providing a further

update on the work on domestic ferry safety, noted the updated work plan (MSC 103/8,

annex 2) and the following comments on the model regulations set out in annex 1 of the

document:

some of the provisions in the model regulations needed further thorough

consideration;

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clarity regarding the delegation of authority as described in the model

regulations should be introduced;

the relation of the model regulations with the publicly available Global

Regulations issued by the Organization should be clarified;

the responsibilities of the master, as set out in the model regulations, should

be reconsidered, taking into account the provisions of the ISM Code; and

while the non-mandatory nature of the model regulations had been

confirmed, the language used was of mandatory nature.

8.12

Having agreed that the draft model regulations, while supported in general, needed

further work, the Committee agreed to establish a Working Group on Domestic Ferry Safety at

MSC 104 to further develop the model regulations, on the basis of document MSC 103/8,

annex 1, taking into account documents MSC 102/8, MSC 102/8/Add.1, MSC 102/8/1,

MSC 102/8/2, MSC 102/8/3, MSC 102/8/4, MSC 102/8/5 and MSC 102/8/6, and the comments

made at this session. The Committee also agreed that it would consider at the next session

the need for a correspondence group to further progress the work and invited Member States

and interested parties to make submissions on amendments to the model regulations to

MSC 104.

8.13

Following the above decisions, the Committee requested the Secretariat to submit an

updated work plan to MSC 104 for consideration.

8.14

The Committee thanked the Secretariat for taking forward the development of the

regulations in collaboration with stakeholders, particularly ESCAP and INTERFERRY, and the

Government of Thailand in facilitating the observation of domestic ferry safety in Thai waters.

8.15

The text of statements made by the delegation of the Philippines and the observers

from UN ESCAP and INTERFERRY are set out in annex 16.

MEASURES TO ENHANCE MARITIME SECURITY

Updates on developments related to maritime security

9.1

The Committee considered document MSC 103/9 (Secretariat), reporting on

developments related to maritime security since MSC 101 and noted information on the

delivery of maritime security-related activities as part of the ITCP, including information

regarding two EU-funded port security projects currently being implemented by the Secretariat,

and encouraged promoting a "whole of government and industry" approach to addressing

maritime security threats and risks, focusing on the strategic level, in addition to the operational

level, in the delivery of IMO's technical assistance.

9.2

In this context, the Committee encouraged SOLAS Contracting Governments to:

review and update the information contained in the Maritime Security module

of GISIS, in particular that related to port facility security plans;

consider using the new option for electronic transfer of information into and

from the Maritime Security module of GISIS so as to reduce the

administrative burden on behalf of the nominated national point(s) of contact;

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develop effective maritime security governance structures, including national

maritime security committees and strategies, and to strengthen these where

they already existed;

continue to effectively implement, in partnership with industry, IMO security

measures, including SOLAS chapter XI-2 and the ISPS Code, taking into

account new and emerging security threats, and to request IMO's technical

assistance, as appropriate; and

consider donating to the International Maritime Security Trust Fund (IMST

Fund) to support the continued delivery of technical assistance under the

global programme for the enhancement of maritime security.

9.3

Additionally, the Committee, having noted an offer by the observer from EMSA to

develop web services to download information from the maritime security module of GISIS into

the SafeSeaNet network, encouraged consultations with the Secretariat in this regard and

requested that an update on the matter be submitted to a future session.

Cyber risk management for ships and ports

9.4

The Committee recalled that, when approving the

Guidelines on maritime cyber risk

management

(MSC-FAL.1/Circ.3) in 2017, it had underlined that they were complementary to

the ISM and ISPS Codes, noting that the Guidelines included functional elements that

supported effective cyber risk management and provided references to further detailed

guidance, including the industry guidelines on cybersecurity on board ships.

9.5

The Committee considered the following documents:

MSC 103/9/1 (ICS et al.), inviting it to endorse the fourth version of

The Guidelines on cyber security onboard ships,

set out in the annex to the

document, and disseminate them as an MSC circular;

MSC 103/9/2 (IAPH), providing an update on the IAPH Port Community

Cybersecurity Note and the ongoing development of the cybersecurity

guidelines for ports and port facilities; and

MSC 103/INF.8 (IACS), providing an update on how cyber safety was being

further addressed by IACS within the context of MSC-FAL.1/Circ.3 with the

publication of its consolidated

Recommendation on cyber resilience

(Recommendation 166), and the work being taken forward.

9.6

In the ensuing discussion, the Committee noted the voluntary nature of

The Guidelines on cyber security onboard ships

and that issuing them under cover of an MSC

circular should not be taken to mean that it had endorsed every detail, but rather recognized

the helpfulness of the Guidelines and promoted their availability. In relation to the upcoming

IAPH cybersecurity guidelines for ports and port facilities (see paragraph 9.5.2), the Committee

noted a view that a future session would need to carefully consider any legal implications for

ports of such guidelines, which might be outside the scope of the Organization's work.

9.7

Following discussion, the Committee:

noted with appreciation the information provided on initiatives relating to

cyber risk management for both ships and ports;

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approved the dissemination of the fourth version of

The Guidelines on cyber

security onboard ships

by means of MSC.1/Circ.1639; and

requested the Secretariat to update the industry guidance listed in

paragraph 4.2 of the

Guidelines on maritime cyber risk management

(MSC-FAL.1/Circ.3) to include the consolidated IACS

Recommendation on

cyber resilience

(Recommendation 166) and issue the updated Guidelines

as MSC-FAL.1/Circ.3/Rev.1, subject to concurrent decision by the

FAL Committee.

Maritime safety and security in the Red Sea

9.8

The Committee recalled that MSC 100, in considering draft recommendations on how

to deal with mental and psychological effects of navigating in high-risk areas, noted a view that

this should be discussed by the HTW Sub-Committee.

9.9

In this regard, the Committee considered document MSC 103/9/3 (Islamic Republic

of Iran) providing information on recent incidents involving commercial shipping in the Red

Sea; raising serious concerns about maritime safety and security in the area; and suggesting

that IMO recognize the Red Sea as a high-risk area, requiring further regional collaboration

and requesting the Committee to develop the required recommendations and guidance.

9.10

In the ensuing discussion, several delegations opposed the suggestion that IMO should

recognize the Red Sea as a high-risk area, stating that while impediments to freedom of

navigation should be given full attention, no other flag State had voiced similar concerns or

suggestions and that all Member States are encouraged to report to GISIS the occurrence of

such incidents. Several delegations bordering the Red Sea outlined that they were taking all

necessary measures to secure the Red Sea and were cooperating in order to preserve the safety

of navigation, including through the Council of Arab and African Red Sea States. The delegation

of the United Arab Emirates, supported by the delegation of Saudi Arabia, expressed the view

that the high-risk area was not under the mandate or the remit of the Organization. The

amendment of the high-risk area, as defined in BMP 5, which provided guidance by the shipping

industry for the shipping industry and its amendment, was not an action that IMO could either

undertake or require. The delegation of the Islamic Republic of Iran stressed the need for

strengthening regional collaboration, ensuring that implementation and compliance with security

requirements contained in SOLAS and the ISPS Code were adhered to. With respect to

requesting the Committee to develop the required recommendations and guidance, it was noted

that there was no specific proposal to be considered by the Committee. The full text of statements

made by the delegations of Egypt, Eritrea, France, the Islamic Republic of Iran, Saudi Arabia

and the United Arab Emirates on the matter is set out in annex 16.

9.11

In this regard, the Committee recalled its discussion under agenda item 10

(see paragraphs 10.5 to 10.9) regarding the existing high-risk area in the Western Indian

Ocean, where it had noted that it was not within its remit to declare or define such areas.

Consequently, the Committee found the issue to be outside its remit and, therefore, did not

support the proposal contained in document MSC 103/9/3.

Passenger facilitation and control

9.12

The Committee considered document MSC 103/9/4 (WCO), updating documents

MSC 102/9/1 and MSC 102/INF.23 on WCO-led initiatives to develop measures for passenger

facilitation and control in the maritime environment in general, and for cruise ships and ferries

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in particular, discussing the need for Advanced Passenger Information (API) and Passenger

Name Record (PNR) data standards and transmission methodology.

9.13

In the ensuing discussion, the following views were expressed:

WCO was thanked for its continued work on developing standardized

procedures for passenger facilitation and control, including electronic

systems that could enhance security and render cruise ship operations more

timely and effective, and help counter challenges posed to customs

administrations as well as other border agencies;

it was essential that such systems were based on an international standard

and that any new requirements were standardized with existing global best

practices. Cruise ships regularly changed operating regions over the course

of a year, and compliance with different systems in different regions or

countries was costly and inefficient;

these initiatives should not come at the expense of the seamless boarding

and travel experiences of passengers and crew members, nor result in

unnecessary disruption of maritime traffic. The legal, technical and financial

challenges of the development of a PNR standard or instrument was

underlined; and

any new system should be as similar as possible to the existing United

States' Advanced Passenger Information System, with which many

operators were already fully compliant, and fully in line with the European

Entry/Exit System and Travel Information and Authorization System already

under way.

9.14

Following discussion, the Committee:

noted the information provided on the WCO initiatives relating to passenger

facilitation and control and, in particular, on the Cruise Ship Report – Way

Forward to Improve Cruise Ship Controls, including consideration to

contribute to the Compendium of Best Practices to ensure familiarization with

the ISPS Code among customs administrations;

invited Member States to share their national practices, including existing

cooperation and exchange of information with relevant entities, in the area of

cruise ship passenger controls and pre-arrival information for security;

invited Member States to consider regular attendance at the relevant WCO

working bodies, primarily the planned WCO Passenger Control and

Facilitation Working Group where relevant international standards and

instruments would be developed and ultimately published, in particular new

or updated existing global API and PNR standards, for facilitating the

submission of information by the cruise line industry to regulatory bodies in

advance of the arrival of a cruise ship, with the possibility of extending this to

other ship types; and

requested the Secretariat to attend meetings of the WCO Passenger

Controls and Facilitation Working Group and report back on developments

to future sessions of the Committee as well as to inform the FAL Committee

of the outcome of its deliberations.

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PIRACY AND ARMED ROBBERY AGAINST SHIPS

Developments since MSC 101, including information-sharing on incidents of piracy and

armed robbery

10.1

The Committee considered documents MSC 103/10 and 102/10 (Secretariat),

reporting on developments concerning piracy and armed robbery against ships since

MSC 101, including relevant statistics and updates on the implementation of the Djibouti Code

of Conduct, the situation in the Gulf of Guinea and risks to shipping in littoral waters off Yemen,

and noted, in particular, the following:

226 incidents of piracy and armed robbery against ships had been reported

to the Organization as having occurred or been attempted in 2020.

This constituted an increase of about 17% at the global level compared to

last year. The areas most affected by acts of piracy and armed robbery

against ships in 2020 were West Africa (87 incidents), the Straits of Malacca

and Singapore (48 incidents) and South China Sea (37 incidents). The

number of incidents that took place in the Gulf of Guinea (West Africa)

increased by 20 compared to 2019, with a total of 112 crew members

reported as kidnapped/missing.

In relation to initiatives in the Gulf of Guinea, the Secretariat in 2020

continued its support to the Interregional Coordination Centre (ICC) for

implementation of the Yaoundé Code of Conduct (YCC). IMO was facilitating

a series of expert-level dialogues to assess the current implementation of the

YCC and provide recommendations for the Economic Community of West

Africa States (ECOWAS), the Economic Community of Central Africa States

(ECCAS) and the Gulf of Guinea Commission (GCC).

The aim of a new UNDP project on Explosive ordnance contamination in

Yemen's littoral waters was to provide safe areas within which vessels could

operate with a degree of confidence without the effects of explosive

ordnance, and to clear those items of ordnance deemed high-threat and

high-impact. Notable events that had a potential to affect shipping would be

disseminated with a Notice to Mariners.

10.2

Having considered the information provided by the Secretariat, the Committee:

requested Member States to report incidents of piracy and armed robbery to

the Secretariat to

[email protected],

using the reporting form in appendix 5

to MSC.1/Circ.1333/Rev.1;

requested Member States to provide and keep updated the information

related to their National Point(s) of Contact for communication of information

on piracy and armed robbery through the Contact Points module of GISIS;

requested Member States to complete and keep updated the

Questionnaire

on information on port and coastal State requirements related to privately

contracted armed security personnel on board ships

(PCASP)

(MSC-FAL.1/Circ.2), to be sent to the Secretariat through

[email protected]

for posting on the IMO website;

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noted the efforts undertaken to ensure continued implementation of the

Djibouti Code of Conduct and the Yaoundé Code of Conduct, including the

support provided to ICC;

reminded companies, masters and seafarers to continue the diligent

application of existing IMO guidance and the global counter-piracy guidance,

including updated guidance for protection against piracy and armed robbery

in the Gulf of Guinea region – Best Management Practices West Africa;

invited Member States to continue to provide naval assets off the coast of

Somalia and flag States to continue to monitor the threat to ships flying their

flag, and set appropriate security levels in accordance with the ISPS Code;

noted the information provided by UNDP regarding the conflict in Yemen,

including the threat to shipping and seaports posed by sea mines and other

improvised explosive devices in Yemen's littoral waters; and

called upon Member States, in line with resolution A.1069(28), in cooperation

with the Organization and as might be requested by Member States of the

region, to assist efforts in the region and to consider making financial

contributions to the IMO WCA Maritime Security Trust Fund.

Progress report of the Regional Cooperation Agreement on Combating Piracy and

Armed Robbery against Ships in Asia (ReCAAP)

10.3

The Committee noted with appreciation the information contained in documents

MSC 103/INF.7 and MSC 102/INF.11 (ReCAAP-ISC) providing an update of the activities

carried out by ReCAAP-ISC and the situation of piracy and armed robbery against ships in

Asia, and thanked them for their continuous support to the Organization's piracy reporting. In

this regard, the observer from ReCAAP-ISC made a statement, including information on a

decrease of total incidents in Asia in the first quarter of 2021, as set out in annex 16.

10.4

The Committee noted a statement by the delegation of Indonesia, commenting on the

ReCAAP-ISC mechanism for classification of incidents and expressing concern regarding

reputational damage caused by reporting incidents of so-called petty theft under the definition

of armed robbery; together with a reply statement by the observer from ReCAAP-ISC that there

was no definition of petty theft and that all unauthorized boardings were crimes posing threats

to seafarers. The full text of both statements is set out in annex 16.

Comments and analysis on the review of the HRA for piracy in the Indian Ocean

10.5

The Committee recalled that MSC 101 noted information from the industry authors

related to the 2019 review of the geographical boundaries of the high-risk area (HRA) to better

reflect the threat of piracy in the region while retaining the primary objective to ensure the

safety and security of seafarers.

10.6

The Committee considered the comments and analysis of the previous review of the

HRA for piracy in the Indian Ocean provided by Kenya in document MSC 103/10/2, presenting

key considerations on the status of Kenyan waters stemming from this analysis. In a separate

statement, the delegation of Kenya outlined the contributions by the Kenyan government and

the African Union Mission to Somalia (AMISOM) forces in neutralizing the threat posed by

Somali pirates, as evidenced by no attacks occurring in Kenyan waters since the last review

of the HRA; explained the negative economic effects stemming from the current classification

not only to Kenya and the wider East African region, which were dependent on the port

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of Mombasa; and invited the Committee to recommend to the appropriate bodies to consider

excluding the specific adjacent area to the south of the equator from the HRA. The full text of

the statement is set out in annex 16.

10.7

In this regard, the Committee also considered the comments by the industry group in

document MSC 103/10/4 (ICS et al.), advising it that a new review of the HRA had commenced

in February 2021 and that consultations were being sought with interested States and

organizations.

10.8

In the ensuing discussion, all delegations that spoke supported the Kenyan proposal

contained in document MSC 103/10/2 and commended the efforts by Kenya in suppressing

the piracy threat, and a suggestion was raised that Kenya could also provide an update of their

efforts in the annual reoccurring resolution by the UN General Assembly on Oceans and the

Law of the Sea. An industry observer explained that two consultations had already taken place

with Kenya as part of the currently ongoing review (MSC 103/10/4), and that while the Kenyan

concerns were well understood, some of the waters concerned to the south of the equator

were Somali waters, and it was necessary to keep the overarching aim of ensuring seafarers'

safety in mind. Concerns were voiced over the process of review of the HRA as conducted by

the industry group and appropriate bodies and further involvement of the Organization and all

interested parties in the process was encouraged.

10.9

In view of the above, the Committee encouraged the industry group and appropriate

bodies to continue to work on the matter with regional stakeholders, including coastal States

and military authorities, and requested them to provide an update report to MSC 104, taking

into account further consultations with Kenya.

Piracy and armed robbery against ships in the Gulf of Guinea

10.10 The Committee recalled that MSC 101 had noted remarks by the Secretary-General

that a concerted effort by all key stakeholders was needed in the Gulf of Guinea, namely

Member States, industry and international organizations working in partnership for the benefit

of the safety and security of seafarers, and that the significant efforts undertaken by coastal

States to address the threat were recognized as critical to a successful outcome.

10.11 Addressing the Committee, the Secretary-General expressed his serious concerns

over the current situation in the Gulf of Guinea, which presented a worrying threat to the safety

and security of crews and ships operating in the region, especially since, despite the global

pandemic, an increasing number of attacks had been noted. He stressed that, as highlighted

in Circular Letter No.4382, he was taking all possible measures to facilitate the coordination of

initiatives among stakeholders and to enhance capacity-building programmes in the region.

He appreciated the collective efforts of littoral States in the region, in particular those by Nigeria

in implementing the Deep Blue Project. He expressed his desire for a successful future

development and supported the establishment of a working group to show commitment and to

enhance support for international, regional and national efforts to tackle piracy.

10.12 The Committee agreed with the proposal of the Chair, given the renewed urgency to

protect seafarers performing their duties on ships operating in the region and in the interest of

time, to refer all documents relating to piracy and armed robbery against ships in the Gulf of

Guinea directly to the Working Group on Piracy, i.e. documents MSC 103/10/3 and

MSC 102/10/1 (Greece), MSC 103/10/5 and MSC 102/10/5 (Nigeria), MSC 103/10/6 (China),

MSC 102/10/2 (France), MSC 102/10/3 and MSC 102/10/6 (ICS et al.) and MSC 102/INF.22

(Ghana).

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10.13 The delegation of Portugal, in concurring with the Secretary-General's call for action

to deter piracy in the region, supported further initiatives, such as a working group convening

at this session. The discussions should take into account the work within the G7++ Friends of

the Gulf of Guinea, consistent with Portugal's continuous support for the current interregional

framework, the Yaoundé Architecture, in addressing the threats in the Gulf. The full text of the

statement is set out in annex 16.

10.14 The delegation of Nigeria stated that owing respect for the sovereignty of the coastal

State was important to ensure effective regional collaboration and informed on their efforts and

initiatives undertaken, including the establishment of a sub-committee to enable a robust

collaboration between the Nigerian Maritime Administration and Safety Agency's (NIMASA)

command, control, communication, computers and intelligence operations, the International

Maritime Bureau (IMB) and the Maritime Domain Awareness for Trade – Gulf of Guinea

(MDAT-GoG) centre. Nigeria and ICC in Yaoundé had formed a new collaborative forum to

galvanize regional and international efforts: the Gulf of Guinea Maritime Collaboration Forum

(GOG-MCF/SHADE GoG), purposed to facilitate shared awareness and deconfliction of

activities in the Gulf of Guinea. The full text of the statement is set out in annex 16.

10.15 The delegation of Argentina recognized the efforts by the States in the region and

shared the concern at the increase in episodes; and supported addressing the matter in a

working group and, in that regard, highlighted that the situation in the Gulf of Guinea was not

addressed by the United Nations Security Council under Chapter VII of the UN Charter,

therefore cooperative efforts to suppress piracy and armed robbery against ships had to be

undertaken within the framework of UNCLOS and duly respect the sovereignty and jurisdiction

of the Coastal States in the area with regard to the territorial sea, as well as their specific

jurisdictions in the EEZ. The delegation stated that the remarks made by Nigeria with regard

to the need to respect the sovereignty of the coastal States of the region should be duly taken

into account and addressed in the draft Assembly resolution contained in document

MSC 103/10/1; and added that the deployment of armed personnel or weapons on board

private ships was not allowed under UNCLOS.

10.16 The observer from IMB informed that actions to allow relevant authorities to be

immediately notified had secured good outcomes thanks to early notification by shipowners;

stated that a dedicated single information exchange platform for the Gulf of Guinea could be

helpful, including identification of the responding authority, reduced response times, and

alerting responses by neighbouring authorities; and encouraged all maritime authorities to

continue to report all incidents to IMB. The full text of the statement is set out in annex 16.

10.17

In the ensuing extensive discussion, the following views, inter alia, were expressed:

the services of MDAT-GoG needed to be enhanced and a reporting

mechanism should be developed taking into account crew members'

nationality;

international maritime security exercises were important to support

capacity-building, such as the Grand African Nemo and the OBANGAME

express, and the EU pilot case of a coordinated maritime presence in the

Gulf of Guinea was supported;

due respect for the sovereignty of the coastal State was important and the

Gulf of Guinea did not present a situation under Chapter 7 of the UN Charter

and should be addressed in the context of UNCLOS, as recognized in the

updated draft Assembly resolution on

Prevention and suppression of piracy,

armed robbery against ships and illicit maritime activity in the Gulf of Guinea

(MSC 103/10/1);

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the United Kingdom and Senegal as co-chairs of the G7++ Friends of the

Gulf of Guinea in 2021 had presented a joint road map with three overarching

objectives; namely broadening engagement and building regional capability,

working towards initial operating capability of the Yaoundé architecture, and

bringing industry, civil society and other actors more closely together;

non-regional navies were needed to solve the situation since the pirates in

the Gulf of Guinea operated from a geographically limited area, but attacked

at up to 200 nautical miles from their bases, and pirates should be

suppressed from the sea, like Somali pirates had been;

all States should be encouraged to act in accordance with UNCLOS to

suppress piracy outside territorial waters in the Gulf of Guinea, and regional

States were encouraged to support and collaborate to accept transfer of

arrested pirates, prosecution of suspected pirates and imprisonment of

convicted pirates; and

a working group on the use of private and military maritime security assets

under the Montreux document forum was about to publish an integrated

guide as a reference document on their website, which could have a positive

impact for many actors.

10.18

Following discussion, the Committee agreed that:

the many and complex challenges associated with the fast-changing nature

of piracy in the Gulf of Guinea required a holistic, integrated and global

approach, focused on reaching lasting solutions that reinforced local and

regional ownership;

there was a need for sustained technical cooperation activities on anti-piracy

benefiting the regional countries, such as providing training workshops/

webinars, developing online courses and conducting anti-piracy exercises to

improve collaboration between countries;

constructive proposals presented in a number of submitted documents

formed a good basis for supporting and promoting cooperation among

stakeholders, and further discussion in a working group would help to identify

cooperation routes and feasible actions to resolve the issue;

the Yaoundé Code of Conduct framework, supported by the G7++ Friends

of the Gulf of Guinea was a long-term solution, but was progressing well, and

regional States were coming together, even during the current COVID-

related challenges;

Nigeria and ICC in Yaoundé had formed a new collaborative forum to

galvanize regional and international efforts: the Gulf of Guinea Maritime

Collaboration Forum (GOG-MCF/SHADE GoG), purposed to facilitate

shared awareness and deconfliction of activities in the Gulf of Guinea;

the Secretary-General should continue to work with other UN bodies,

Member States and regional and international partners in order to align

efforts and support, in particular Nigerian and ICC initiatives;

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regional States should support and collaborate to accept transfer of arrested

pirates, prosecution of suspected pirates and imprisonment of convicted

pirates; and

the tasks of the working group should be prioritized to ensure sufficient time

for important outcomes, such as the updated Assembly resolution

(MSC 103/10/1).

Establishment of a Working Group on Piracy

10.19 During the discussion of the proposed terms of reference for the Working Group

(MSC 103/WP.4), prepared by the Secretariat in consultation with the Chair of the Working

Group on Piracy, Captain Derrick Attachie (Ghana), a number of delegations expressed

concerns and suggested amendments, including omitting references to navies as this was

deemed outside the remit of the Organization; concern about possible duplication of work

between working groups under the G7++ Friends of the Gulf of Guinea; and concern about

lack of universal applicability if the group were to discuss requirements for the use of privately

armed security personnel in territorial waters in the region.

10.20 Following discussion, the Committee instructed the Working Group, taking into

account comments and decisions made in plenary and documents MSC 103/10/3,

MSC 103/10/5, MSC 103/10/6, MSC 102/10/1, MSC 102/10/2, MSC 102/10/3, MSC 102/10/5,

MSC 102/10/6 and MSC 102/INF.22, in order of priority, to:

prepare an MSC resolution for adoption at this session demonstrating the

Organization's determination to continue to address piracy and armed

robbery against ships in the waters of the Gulf of Guinea, and to encourage

Member States and all stakeholders to work together and take effective and

efficient preventive measures;

finalize the text of the draft Assembly resolution contained in document

MSC 103/10/1, including urging the United Nations and other international

agencies to continue to address piracy in the Gulf of Guinea;

amend MSC.1/Circ.1601 on

Revised industry counter-piracy guidance,

replacing annex 3 with the BMP West Africa guidance, as referenced in

document MSC 102/10/6;

discuss the need for cooperative mechanisms for countering piracy and

armed robbery against ships in the Gulf of Guinea region;

provide an update on the status of regional and international efforts to arrest

and prosecute suspected pirates;

consider options for available protection solutions and their implications; and

identify reasons for under-reporting of piracy and armed robbery incidents

with a view to optimizing current incident reporting, response coordination

and information-sharing mechanisms.

Verification of reports of piracy and armed robbery incidents

10.21 The Committee recalled that MSC 95, prior to approving the

Recommendations to

Governments for preventing and suppressing piracy and armed robbery against ships

(MSC.1/Circ.1333/Rev.1), discussed the issue of verification of incidents and did not support

development of a validation regime, based on concerns over the practicability and usefulness

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of such a regime for the purpose of the GISIS piracy and armed robbery module, bearing in

mind the additional administrative burden for flag and coastal States; and instead agreed to

the establishment of a national focal point to interface with the Organization on these matters,

including to provide further details of incidents or correct inaccuracies. The Committee also

recalled that it had, including at this session (see paragraph 10.2.2), repeatedly encouraged

Member States to provide a national focal point, as many had not yet done so. The Committee

noted that a total of 58 Member States, out of 174, had provided the national focal point

information in the Contact Points module of GISIS.

10.22 The Committee considered document MSC 102/10/4 (Argentina et al.) presenting an

analysis of the findings of a regional study on incidents of piracy and armed robbery against

ships registered in the GISIS module, and requesting the Committee to implement a

mechanism for prior validation of the information by coastal States, in order not to compromise

the integrity of GISIS statistics, particularly with regard to incidents not involving physical

violence against the crew.

10.23

In the ensuing discussion, the following views were expressed:

if reports first had to be analysed and approved by coastal States, this could

hinder the immediate action requested, upon which the lives of mariners

depended;

the reporting of incidents and the response to incidents should not be

confused and reporting should not be done unilaterally by industry to IMO

without consultation with the coastal State concerned;

introducing a validation mechanism would result in additional administrative

burden and lead to fewer reports in a situation where under-reporting was

already of concern;

while the highest quality of data was important, careful consideration of

practical implications was necessary; including how an element of validation

could be added to the incident report in GISIS; and

it was not the intention to introduce additional burdens or create delays, but

to contribute to accurate reporting of incidents.

10.24 Following discussion, the Committee thanked the co-sponsors for drawing attention

to the importance of accurate reporting, and:

agreed that collation, assessment and dissemination of accurate information

and statistics on attacks by pirates and armed robbers at sea was critical in

countering the threat;

noted that the Committee had earlier, under this agenda item, requested

Member States to continue to report incidents to the Secretariat and had also

requested Member States to provide and make use of the National Point(s)

of Contact for communication of information on piracy and armed robbery

(see paragraph 10.2);

noted that, should there be a rise in incidents being disputed or found

inaccurate by Member States concerned, the Secretariat could consider

amending the GISIS module to allow easier identification of disputed

incidents in regard to the compiled statistics generated from the module; and

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requested the Secretariat to study the matter and report to the next session

of the Committee, taking into account document MSC 102/10/4 and the

comments made in plenary.

Report of the Working Group on Piracy

10.25 Having considered the report of the Working Group (MSC 103/WP.9), the Committee

approved it in general and took action as described in the following paragraphs.

10.26

The Committee:

adopted resolution MSC.489(103) on

Recommended action to address

piracy and armed robbery in the Gulf of Guinea,

set out in annex 9;

acknowledged the progress made on a draft Assembly resolution updating

the previous resolution A.1069(28) on

Prevention and suppression of piracy,

armed robbery against ships and illicit maritime activity in the Gulf of Guinea

(MSC 103/WP.9, annex 2) and agreed to finalize it at MSC 104 for approval,

with a view to submission to A 32 for adoption, noting the outstanding issues

highlighted by the Group (MSC 103/WP.9, paragraphs 4.1 to 4.5);

requested the Secretariat to update MSC.1/Circ.1601 on

Revised industry

counter-piracy guidance,

replacing annex 3 with the BMP West Africa

guidance, as referenced in document MSC 102/10/6, for dissemination as

MSC.1/Circ.1601/Rev.1;

noted the Group's discussion on the need for cooperative mechanisms for

countering piracy and armed robbery against ships in the Gulf of Guinea

region, and the international framework as announced by Nigeria and ICC;

noted the updates provided during the Group's discussions on the status of

regional and international efforts to arrest and prosecute suspected pirates

and the encouragement for future updates;

noted the Group's discussion on options for available protection solutions

and their implications; and

noted the Group's identified reasons for under-reporting of piracy and armed

robbery incidents with a view to optimizing current incident reporting,

response coordination, and information-sharing mechanisms and the

recommendation that this should be discussed at the next session.

10.27 Concerning the issue of under-reporting of incidents (see paragraph 10.26.7), the

Committee noted a statement by the observer from ReCAAP-ISC, supported by the delegation

of Bangladesh, that they did not support a review of IMO's guidance for incident reporting

contained in MSC.1/Circ.1333/Rev.1 and MSC.1/Circ.1334, as amending the circulars would

have implications for governance mechanisms in other regions. Any future review would need

clear terms of reference and should bear in mind that MSC 101, after lengthy discussions, had

not agreed to undertake a review. Upholding regional differences in reporting arrangements

was necessary to ensure the close link between incident reporting and incident responses of

coastal States, which had proven highly successful in Asia. The full text of the statement is set

out in annex 16.

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10.28 The view was expressed that among the reasons identified for under-reporting was

the lack of a common understanding of the definition of "armed robbery against ships" and

that, therefore, a future discussion might mean amendments to the aforementioned two

circulars in this regard; however, the main aim of the action requested (see paragraph 10.26.7)

was to have a full and detailed discussion at the next session. In response, the view was

expressed that the definition of "armed robbery against ships" used by the UN Security Council

and the UN General Assembly involved not only some of the United Nations main organs but

also the application of UNCLOS, and therefore it was not a term IMO could itself define.

11.1

12.1

UNSAFE MIXED MIGRATION BY SEA

The Committee postponed consideration of this agenda item to MSC 104.

FORMAL SAFETY ASSESSMENT

The Committee postponed consideration of this agenda item to MSC 104.

HUMAN ELEMENT, TRAINING AND WATCHKEEPING

Urgent matters emanating from HTW 7

13.1

The Committee considered urgent matters emanating from the seventh session of the

Sub-Committee on Human Element, Training and Watchkeeping (HTW) (HTW 7/16), as

outlined in document MSC 103/13 (Secretariat), and took action as indicated below.

Strategic direction on the human element

13.2

Taking into account the broad spectrum of areas that the human element embraced

and its ongoing relevance, especially during the pandemic, as well as the fact that C/ES.32

had already considered document C/ES.32/4/13 (Spain) on this matter, the Committee agreed

to request C 125 to include a specific strategic direction on the human element in the current

Strategic Plan for the Organization at the earliest opportunity.

Correspondence Group on COVID-19 Training and Certification Matters

13.3

The Committee endorsed the establishment of a Correspondence Group on

COVID-19 Training and Certification Matters and the submission of its report to MSC 104 in

order to expedite action on this matter (HTW 7/16, paragraphs 4.10 to 4.12).

Draft guidelines for fishing vessels of 24 m in length and over operating in polar waters

13.4

The Committee took the modifications proposed by the HTW Sub-Committee to

paragraph 11.5 of the draft guidelines for fishing vessels of 24 m in length and over operating

in polar waters into account when approving the guidelines (see paragraph 15.2).

Draft interim guidelines on safe operation of OPS service in port

13.5

The Committee noted that HTW 7, having recognized that thorough and detailed

consideration of the personnel, training and familiarization provisions was required before the

approval of the draft interim guidelines on safe operation of onshore power supply (OPS)

service in port for ships engaged on international voyages, had postponed the consideration

of these provisions to HTW 8 (see paragraphs 16.2 and 16.3).

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Secretary-General's reports pursuant to STCW regulations

Secretary-General's report pursuant to STCW regulation I/7

13.6

The Committee noted that no reports on initial communication of information, pursuant

to STCW regulation I/7, paragraph 2, had been completed for consideration at this session.

Secretary-General's report pursuant to STCW regulation I/8

13.7

The Committee considered the reports for Bahrain, Ghana, Greece, Honduras, Peru,

the Republic of Korea and Seychelles, as set out in documents MSC 103/WP.3 and Add.1,

and confirmed that the information provided by:

Bahrain, Ghana, Greece, Peru, the Republic of Korea and Seychelles

demonstrated that they continued to give full and complete effect to the

provisions of the STCW Convention; and

Honduras demonstrated that they continued to give effect to the provisions

of the STCW Convention for support level only, since the information and

traceability did not allow verifying compliance for operational and

management levels,

and requested the Secretariat to issue updated information concerning the subsequent reports

by means of MSC.1/Circ.1164/Rev.23.

13.8

The Committee also encouraged Parties to the STCW Convention to submit their

subsequent reports, in accordance with sections A-I/7 and A-I/8 of the STCW Code.

Approval of competent persons

13.9

The Committee considered documents MSC 103/13/1 and Add.1 (Secretariat),

containing information provided by STCW Parties regarding experts made available or

recommended for inclusion in the list of competent persons, as well as competent persons

withdrawn from the list.

13.10

Following consideration, the Committee:

approved the inclusion and updated information of four competent persons

recommended by two Parties in the

List of competent persons maintained by

the Secretary-General pursuant to section A-I/7 of the STCW Code

(MSC.1/Circ.797/Rev.34) and requested the Secretariat to issue the revised

List by means of MSC.1/Circ.797/Rev.35;

noted the competent persons who had been withdrawn from the List by one

STCW Party;

invited STCW Parties to inform the Secretariat of any amendments that the

List might require (withdrawals, additions, change of address, etc.), with a

view to ensuring that those listed in the latest revision were available to serve

as competent persons and were readily contactable; and

having thanked those STCW Parties that had nominated competent persons,

encouraged all Parties to submit additional nominations to ensure the

effective implementation of the provisions of the STCW Convention.

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Joint ILO/IMO working group on seafarers' issues and the human element

13.11 The Committee recalled that MSC 102 had deferred consideration of document

MSC 102/13/2 (Secretariat), concerning the establishment of a joint ILO/IMO working group to

identify and address seafarers' issues and the human element, to this session, pending the

outcome of LEG 107.

13.12 In this connection, the Committee noted that LEG 107 had considered this matter

(LEG 107/14/3) and had:

agreed to request, as a matter of urgency, the Special Tripartite Committee

(STC) of MLC, 2006, of ILO to authorize the establishment of an ILO/IMO

tripartite working group to identify and address seafarers' issues and the

human element, which would need to be endorsed by the ILO Governing

Body during its meeting in November 2021, as recommended by the ILO

Sectoral Meeting; and

invited the Committee to make a similar request to the Council when

considering document MSC 102/13/2 (Secretariat).

13.13 The Committee also noted that the STC of MLC, 2006, at its fourth meeting held

remotely from 19 to 23 April 2021, had:

considered a document requesting the establishment of said joint group,

submitted by the IMO Secretariat in line with the agreement of LEG 107;

based on the consensus in favour of IMO's proposal, requested the ILO

Secretariat to liaise with the IMO Secretariat to prepare a draft resolution in

close consultation with, and under the overall guidance of, the STC Officers,

recommending the establishment of the group to the ILO Governing Body,

including precise terms of reference;

agreed that, as an exceptional decision-making method, once this draft

resolution had been finalized by the ILO and IMO Secretariats, and

unanimously approved by the STC Officers, it would be submitted to STC

members for adoption by correspondence; and

agreed that, if adopted by correspondence, the resolution would be

submitted to the 343rd session of the ILO Governing Body (November 2021)

for consideration and decision, or alternatively to the 344th session

(March 2022), as necessary.

13.14 In this regard, the Committee also considered document MSC 102/13/2 (Secretariat),

also on the establishment of the joint ILO/IMO working group, following the recommendation

emanating from the ILO Sectoral Meeting on the Recruitment and Retention of Seafarers and

the Promotion of Opportunities for Women Seafarers (25 February to 1 March 2019).

13.15

In the ensuing discussion, the Committee noted the following views:

the joint tripartite working group would strengthen synergies between ILO

and IMO in areas of common interest;

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ILO/IMO joint groups operated well if the terms of reference were tight with

respect to the expected work to be accomplished and were agreeable to the

membership of both organizations;

recognizing that this would be a standing group, the ILO and IMO

Secretariats should ensure that specific terms of reference and a detailed

framework for the group were agreed by the Committees before its

establishment;

the establishment of the group should not entail duplication or

reconsideration of work already being undertaken by either ILO or IMO

bodies; and

the functions and method of work of the group should not digress from those

approved prior to its establishment.

13.16

The Committee also noted information provided by the Secretariat that:

the aforementioned draft resolution to be prepared in cooperation with the

ILO Secretariat was intended to address the scope of work and terms of

reference, meeting details and the framework of proceedings; and

the STC had agreed to have a standing joint ILO/IMO working group and that

specific terms of reference for matters to be discussed by this group would

have to be approved by relevant bodies of both organizations.

13.17

Subsequently, the Committee:

requested the Secretariat to keep it informed of developments relating to the

draft resolution to be adopted by the STC of ILO;

approved, in principle, the establishment of a standing joint ILO/IMO working

group to identify and address seafarers' issues and the human element,

subject to the approval of the terms of reference and other arrangements for

the standing group as may be provided in the STC resolution; and

invited C 125 to endorse this decision, in principle, subject to approval of the

group's method of work, as may be provided in the resolution to be adopted

by the STC of ILO, by relevant IMO Committees.

NAVIGATION, COMMUNICATIONS AND SEARCH AND RESCUE

Amendments to the IAMSAR Manual

14.1

The Committee recalled that MSC 102 had authorized the Secretariat to submit the

draft amendments to the International Aeronautical and Maritime Search and Rescue Manual

(IAMSAR Manual), as finalized by the twenty-seventh meeting of the ICAO/IMO Joint Working

Group on Harmonization of Aeronautical and Maritime Search and Rescue, directly to

MSC 103 for approval (MSC 102/24, paragraph 16.26).

14.2

In this context, the Committee considered document MSC 103/14 (Secretariat)

containing, in the annex, the draft amendments to the IAMSAR Manual finalized by the

ICAO/IMO Joint Working Group, and taking into account ICAO's concurrence with the inclusion

of the draft amendments in the 2022 edition of the IAMSAR Manual, approved

MSC.1/Circ.1640 on

Amendments to the IAMSAR Manual.

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Dissemination of MSI and SAR-related information over multiple GMDSS recognized

mobile satellite services

14.3

The Committee recalled that MSC 102 had considered the report of NCSR 7 and,

having briefly considered the discussions on dissemination of maritime safety information

(MSI) and search and rescue (SAR) related information over multiple recognized mobile

satellite services for use in the Global Maritime Distress and Safety System (GMDSS), deferred

the consideration of matters concerning cost implications for MSI and SAR information

providers to MSC 103 (MSC 102/24, paragraphs 16.8 to 16.13).

14.4

In this connection, the Committee had for its consideration the following documents:

MSC 102/16/3 (IMSO), providing comments on cost implications related to

the dissemination of MSI over multiple recognized mobile satellite services

and presenting options for discussion to address them;

MSC 102/16/4 (Canada et al.), providing comments on cost implications

related to multiple recognized mobile satellite services and proposing

consideration of possible solutions to mitigate the cost impacts to MSI

providers for dissemination of MSI;

MSC 102/16/5 (New Zealand), providing comments on cost implications

related to the dissemination of MSI over multiple recognized mobile satellite

services, including requirements for broadcast monitoring, as well as on

personnel and infrastructure required to support additional mobile satellite

services, both for MSI and SAR information providers;

MSC 103/14/1 (Secretariat), providing background information

considerations at NCSR 7 and MSC 102 on this matter; and

MSC 103/14/2 (France), providing comments and supporting the

establishment of a dedicated fund by IMO, replenished by Member States on

the basis of their merchant fleet and subject to a cost ceiling, which would

allow costs to be shared between States responsible for the dissemination

of MSI and beneficiary States.

14.5

The Committee also took into consideration the discussion and decisions taken at

NCSR 8 on issues concerning the dissemination of MSI and SAR-related information over

multiple recognized mobile satellite services, including broadcast monitoring (MSC

103/WP.13).

14.6

Before inviting comments, the Chair provided a summary of the main issues,

comments and proposals presented in the above documents, highlighting in particular the

important role of MSI and SAR information providers (i.e. NAVAREA and METAREA

Coordinators and SAR services) in ensuring the timely dissemination of information over

recognized mobile satellite services for the benefit of the whole shipping community and the

need to address the cost burden for information providers associated with the recognition of

new mobile satellite services for use in the GMDSS. The Chair also recognized that this was

a complex issue and that further information would be necessary before the Committee could

take a final decision, such as detailed information on actual costs for dissemination of

information and other related functions, consideration of options to either eliminate or reduce

the shore-to-ship charge for dissemination of navigational and meteorological warnings, and

procedural aspects related to the possible establishment of a fund by IMO to spread the cost.

Consequently, the Chair invited comments on the cost issue and on the possible establishment

of a correspondence group to progress this work intersessionally with a view to reporting to

MSC 105 with a final recommendation on how to address the matter.

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14.7

During the ensuing discussion, both the comments by the Chair and the proposal to

establish a correspondence group were supported in general and the importance of

maintaining the consideration of this matter at Committee level and finding a resolution as soon

as possible was stressed. In particular, the following views were expressed:

the Committee should consider whether to make it explicitly mandatory for

all area coordinators to provide MSI and SAR information to all mobile

service providers recognized by the Organization;

the establishment of a dedicated fund by IMO in order to share the cost

burden across all beneficiaries Member States was supported, but also

exploring other possible solutions, including revising resolution A.707(17) or

maintaining the current implementation; and

no additional cost should be borne by Member States, shipowners, ship

operators or end users due to the recognition of new mobile satellite services.

14.8

The observer from WMO emphasized that the cost issue was related to the decision

by the Committee to recognize additional mobile satellite services and, therefore, this matter

was not under the remit of WMO or IHO and should be resolved by IMO; in addition, it should

be made clear that METAREAs and NAVAREAs Coordinators should not be responsible for

any extra costs associated with this decision. The observer, while supporting progressing the

work on the cost issue intersessionally without further delay, recommended the Committee to

urgently clarify the confusion regarding the mandatory requirement to disseminate information

over all recognized mobile satellite services. She also suggested that NAVAREA and

METAREA Coordinators, together with the IMO Enhanced Group Call Coordinating Panel and

relevant WMO and IHO bodies, should be part of the correspondence group proposed by the

Chair.

14.9

After consideration, the Committee:

noted the information provided regarding the implementation of the Iridium

SafetyCast service;

agreed that the implementation of mobile satellite services recognized by the

Organization was of utmost importance to protect the integrity of the GMDSS,

providing not only advance information necessary for safe navigation, but

also essential information for SAR operations and timely assistance to

persons in distress at sea;

encouraged Member States responsible for the promulgation of MSI through

the World-Wide Navigational Warning Service (WWNWS) and the Worldwide

Met-Ocean Information and Warning Service (WWMIWS), as well as those

responsible for the dissemination and reception of SAR-related information,

to progress the implementation of GMDSS mobile satellite services

recognized by the Organization and to communicate this information through

the GISIS module on GMDSS Master Plan, as and when changes occurred;

agreed to the establishment of a correspondence group to consider the

matter intersessionally and report to MSC 105;

invited Member States responsible for the dissemination of MSI and

SAR-related information and having concerns about the cost issues to submit

detailed information on cost implications directly to the correspondence

group and, in particular, an estimation of the actual cost for the dissemination

of such information over recognized mobile satellite services;

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invited the United Kingdom and the United States, in cooperation with

Inmarsat and Iridium, respectively, to advise the correspondence group on

the feasibility of eliminating or reducing the shore-to-ship charge for

navigational and meteorological warnings (as was the case with distress

alerts) and to share their views on how the cost issues could be addressed;

and

requested the Secretariat to submit information directly to the

correspondence group on procedural aspects related to the possible

establishment of a fund, including any other relevant information, as

appropriate.

Establishment of a correspondence group

14.10 The Committee established the Correspondence Group on Dissemination of MSI and

SAR-related information, under the coordination of Australia,

and instructed it, taking into

account decisions, comments and proposals made at this session, as well as any additional

information that might be submitted directly to the Group, to:

consider the mandatory use of all recognized mobile satellite services

providing services within the service area for dissemination of information by

MSI and SAR information providers, and advise the Committee, as

appropriate;

consider options to address cost implications for MSI and SAR information

providers concerning the dissemination of information over multiple GMDSS

mobile satellite services; present an analysis of the advantages and

disadvantages of each option; and recommend a way forward for

consideration by the Committee, including an implementation plan, as

appropriate; and

submit a report for consideration by MSC 105.

14.11 The Committee invited experts representing the recognized mobile satellite service

providers, NAVAREA and METAREA Coordinators, SAR authorities, Member States and

international organizations concerned, in particular WMO and IHO, to actively participate in the

deliberations of the Correspondence Group in order to ensure a satisfactory resolution of the

issue for all parties concerned.

14.12 Taking into account the current circumstances and in order to make as much progress

as possible intersessionally, the Committee agreed that the coordinator of the Correspondence

Group should have the flexibility to convene virtual meetings, as necessary, to facilitate the

consideration of issues of particular complexity, as a complement to the work by

correspondence.

Coordinator:

Mr. Stuart Shepard

Systems Safety | Policy and Regulation

Australian Maritime Safety Authority

82 Northbourne Avenue, Braddon ACT, 2612

Australia

Tel: +61 2 6279 5703

Email:

[email protected]

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SHIP DESIGN AND CONSTRUCTION

Background

15.1

The Committee recalled that it had considered the report of the seventh session of

the Sub-Committee on Ship Design and Construction (SDC) (SDC 7/16) at its last session

(MSC 102/24, section 17) but kept the draft guidelines for fishing vessels and for pleasure

yachts operating in polar waters in abeyance, pending input from HTW 7.

Safety measures for non-SOLAS ships operating in polar waters

Guidelines for safety measures for fishing vessels operating in polar waters

15.2

Having considered the relevant part of document MSC 103/15/1 (Secretariat),

reporting on the input from HTW 7 on paragraph 11.5 of the draft guidelines (SDC 7/16,

annex 3) (see paragraph 13.4), the Committee agreed to the changes proposed by HTW 7

and approved MSC.1/Circ.1641 on

Guidelines for safety measures for fishing vessels of 24 m

in length and over operating in polar waters.

15.3

The observer from FOEI made a statement welcoming the approval of the Guidelines,

the full text of which is set out in annex 16.

Guidelines for pleasure yachts operating in polar waters

15.4

The Committee approved MSC.1/Circ.1642 on

Guidelines for pleasure yachts

of 300 gross tonnage and above not engaged in trade operating in polar waters

(SDC 7/16,

annex 4).

Report of the Intersessional Working Group on Carriage of Industrial Personnel

15.5

The Committee noted the information provided in document MSC 103/15/1

(Secretariat), reporting on the outcome of the Intersessional Working Group on Carriage of

Industrial Personnel (IP), which met remotely from 8 to 12 March 2021. In particular, the

Committee noted that the Group had finalized draft SOLAS chapter XV and the draft IP Code,

including provisions for high-speed craft carrying no more than 60 industrial personnel, and

the Model Industrial Personnel Safety Certificate Form; had agreed on grandfathering

provisions for ships permitted to operate under the interim recommendations

(resolution MSC.418(97)); and that the outcome of the Group would be considered in detail

by SDC 8.

15.6

The Committee also noted that, given the progress made by the Group, there was no

need for an intersessional correspondence group as it was expected that SDC 8 would

conclude the work and submit the new draft SOLAS chapter XV and the draft IP Code to

MSC 105 for approval with a view to subsequent adoption.

SHIP SYSTEMS AND EQUIPMENT

Outcome of SSE 7, HTW 7 and MSC 102

16.1

Regarding the outcome of SSE 7, HTW 7 and MSC 102, as contained in document

MSC 103/16 (Secretariat), the Committee had the following matters for consideration:

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draft interim guidelines on safe operation of onshore power supply (OPS)

service in port for ships engaged on international voyages (SSE 7/21,

annex 6);

draft amendments to the

Guidelines for the maintenance and inspections of

fixed carbon dioxide fire-extinguishing systems

(MSC.1/Circ.1318)

(SSE 7/21, annex 18) (MSC 103/16, paragraphs 3 and 4); and

draft MSC circular on voluntary early implementation of the draft

amendments to SOLAS chapter III and the LSA Code, which had been

discussed under agenda item 3 and referred to the drafting group for

finalization (see paragraph 3.36).

Draft interim guidelines on safe operation of OPS service in port

16.2

With respect to the personnel, training and familiarization provisions of the draft interim

guidelines on onshore power supply service in port for ships engaged on international voyages,

the Committee noted that HTW 7, owing to time constraints, had postponed consideration of

those provisions to HTW 8 (see paragraph 13.5).

16.3

In this respect, the Committee also considered document MSC 103/16/1 (IACS),

commenting on the draft interim guidelines and proposing several modifications. Bearing in

mind the pending input from HTW 8, as well as the comments in document MSC 103/16/1, the

Committee referred the draft interim guidelines, together with the proposals by IACS, to SSE 8

for further consideration under the agenda item on "Any other business", with a view to

finalization and submission of the draft guidelines to MSC 105 for approval, pending the input

from HTW 8.

Draft amendments to the guidelines for fixed carbon dioxide fire-extinguishing systems

16.4

With regard to draft amendments to the

Guidelines for the maintenance and

inspections of fixed carbon dioxide fire-extinguishing systems

(MSC.1/Circ.1318), the

consideration of which MSC 102 had postponed to this session, the Committee considered

document MSC 103/16/2 (United Kingdom and IACS), proposing modifications to align them

with the

Revised guidelines for the maintenance and inspection of fire protection systems and

appliances

(MSC.1/Circ.1432).

16.5

Having agreed with the modifications proposed in the document, the Committee

approved the

Revised guidelines for the maintenance and inspections of fixed carbon dioxide

fire-extinguishing systems

(MSC.1/Circ.1318/Rev.1).

Correction of references to standards for coated fabric material tests for inflatable

liferafts

16.6

The Committee recalled that SSE 7, when considering the replacement of the

outdated standard ISO/TR 6065 with ISO 15372:2000 in the

Revised recommendation on

testing of life-saving appliances

(resolution MSC.81(70)), had:

agreed not to take any action, confirming that the discrepancy between the

temperature for the oil exposure tests in ISO/TR 6065 and ISO 15372:2000

was a typographical error; and

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noted a statement by the ISO/TC 8 observer that ISO had initiated the

process to issue an amendment to rectify this error (SSE 7/21,

paragraphs 20.16 and 20.17).

16.7

In this regard, the Committee had the following documents for consideration:

MSC 103/16/3 (ISO), addressing the need for minor corrections to references

to standards for material tests for inflatable liferafts and hydrostatic release unit

membranes in the revised recommendation (resolution MSC.81(70)); and

MSC 103/16/4 (China), supporting the draft corrections suggested in

document MSC 103/16/3 and proposing new working procedures when

considering revisions of standards referenced in IMO instruments, in

accordance with the procedure for minor modifications established

by C/ES.27.

16.8

While some delegations were of the view that the proposed modifications should be

referred to SSE 8 for a review to confirm them as being minor, other delegations expressed

the view that the modifications, which would update outdated references, had been thoroughly

considered by SSE 7 and, therefore, should be accepted as minor changes.

16.9

Following discussion, the Committee, having recalled the agreement at SSE 7 that

the outdated references should be revised after the typographical errors had been addressed

(SSE 7/21, paragraph 20.16):

agreed to the modifications proposed in document MSC 103/16/3 as minor

corrections in accordance with the decisions of C/ES.27 (C/ES.27/D,

paragraph 3.2(vi)); and

requested the Secretariat to:

incorporate these modifications in the final MSC resolution on

amendments to the revised recommendation (see paragraph 3.34),

containing other consequential modifications emanating from

amendments to SOLAS chapter III and the LSA Code; and

submit a document with suggested consequential amendments to

the

Revised standardized life-saving appliance evaluation and test

report forms (survival craft)

(MSC.1/Circ.1630) for consideration

at SSE 8, with a view to aligning them with the aforesaid

amendments to resolution MSC.81(70).

Procedure for revising standards referenced in IMO instruments

16.10 With regard to the procedure for revising standards referenced in IMO instruments

proposed in document MSC 103/16/4, the following views were expressed:

the procedure would ensure that references to industry standards in IMO

instruments were updated appropriately when such standards had been

revised and, therefore, should be supported;

Assembly resolution A.911(22) on

Uniform wording for referencing IMO

instruments

should be taken into account when referencing industry

standards in IMO instruments, together with the earlier relevant discussion

at NCSR 8;

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cases where updating referenced standards could lead to more than minor

changes should be carefully considered and how the proposed procedure

would be documented should be clarified; and

international standardization organizations had greater expertise in

examining standards than IMO bodies and interested parties should take part

in their work.

16.11 Following discussion, noting that more thorough deliberation of the procedure

proposed in document MSC 103/16/4 was required, the Committee agreed to refer the matter

to the III Sub-Committee for further consideration and invited interested Member States and

international organizations to submit relevant proposals to III 8.

17.1

APPLICATION OF THE COMMITTEE'S METHOD OF WORK

The Committee postponed consideration of this agenda item to MSC 104.

WORK PROGRAMME

Proposals for new outputs

Review of the IGC Code

18.1

The Committee considered document MSC 102/21/1 (Marshall Islands et al.)

proposing a new output to conduct a review of the International Code for the Construction and

Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) to clarify its requirements,

taking into account experience gained in its implementation; together with documents

MSC 102/21/14 (Norway), MSC 102/21/16 (Japan) and MSC 102/21/20 (Republic of

Korea),

commenting on the proposal.

18.2

Following discussion, and having agreed that the scope of the review should not be

limited to specific paragraphs of the Code, the Committee agreed to include in its post-biennial

agenda an output on "Review of the IGC Code", with two sessions needed to complete the

item, assigning the CCC Sub-Committee as the associated organ.

18.3

The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed,

accordance

with

MSC.1/Circ.1481

and

the amendments to be developed should apply to all new ships to which the

IGC Code applied on or after the date of entry into force;

the instrument to be amended was the IGC Code; and

the amendments to be developed should enter into force on 1 January 2028,

provided that they were adopted before 1 July 2026.

Revision of MODU Code provisions to prohibit use of materials and products containing

asbestos

18.4

The Committee considered document MSC 102/21/2 (Russian Federation) proposing

amendments to the 1979, 1989 and 2009 MODU Codes to align them with the provisions of

SOLAS regulation II-1/3-5 to prohibit the use of materials containing asbestos in the structure

of mobile offshore drilling units and develop respective interpretations.

18.5

Following discussion, the Committee agreed to include in the biennial agenda of the

SDC Sub-Committee for 2022-2023 and the provisional agenda for SDC 8 an output on

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"Revision of the 1979, 1989 and 2009 MODU Codes and associated MSC circulars to prohibit

the use of materials containing asbestos, including control of storage of such materials on

board", with a target completion year of 2023.

Fire protection on containerships

18.6

The Committee had for its consideration documents:

MSC 102/21/3 (Marshall Islands et al.) proposing a new output to evaluate

the adequacy of fire protection, detection and extinction arrangements on

board containerships to fight container fires, with a view to amending SOLAS

and the FSS Code, as required; and

MSC 102/21/7 and Corr.1 (Bahamas et al.), MSC 102/INF.2 and

MSC 102/INF.3 (IUMI), proposing amendments to SOLAS chapter II-2 to

enhance provisions for early fire detection and effective control of fires in

containerized cargoes stowed on and under deck of containerships.

18.7

As these documents addressed similar matters on fire protection on containerships,

the Committee considered the two proposals together with document MSC 102/21/24 (Liberia

et al.) commenting on both proposals, and noted the following views:

both documents MSC 102/21/3 and MSC 102/21/7 had the same goals

and therefore should be considered uniformly to establish a single unified

output to effectively address the matter;

more information and evidence were needed concerning the inadequacy of

the current fire-extinguishing systems, as the main cause of containership

fires was erroneous declaration of cargoes leading to unsafe stowage;

careful consideration should be given to the heavy workload of the

SSE Sub-Committee, which was already working on fire safety on ro-ro

passenger ships;

the

scientific and economic feasibility of the advanced risk control options

mentioned in paragraph 17 of document MSC 102/21/7 should be examined;

an analytic approach should be followed before amending the relevant

regulations, and prioritization should be given to enhancement of risk

prevention and mitigation; and

the matter of erroneous declarations and the existing gap in the fire

protection regulatory framework should be discussed in parallel with

enhancing the safety of crew.

18.8

Following discussion, and having noted, in particular, the need for a holistic risk-based

approach and prioritization of risk prevention and mitigation enhancement when developing

amendments, the Committee agreed to include in the biennial agenda of the

SSE Sub-Committee for 2022-2023 and the provisional agenda for SSE 8 an output on

"Development of amendments to SOLAS chapter II-2 and the FSS Code concerning detection

and control of fires in cargo holds and on the cargo deck of containerships", with a target

completion year of 2025, in association with the CCC Sub-Committee as and when requested

by the SSE Sub-Committee.

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18.9

The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed,

accordance

with

MSC.1/Circ.1481

and

the amendments to be developed should apply to new ships;

the output was to amend regulations in SOLAS chapter II-2 and the

FSS Code to enhance provisions for early fire detection and effective control

of fires in containerized cargoes stowed on and under deck of containerships;

and

the amendments to be developed should enter into force on 1 January 2028,

provided that they were adopted before 1 July 2026.

Amendments to SOLAS chapter V and development of VDES-relevant IMO instruments

18.10 The Committee considered documents MSC 102/21/4 and MSC 103/18 (Japan et al.)

proposing amendments to SOLAS chapter V to introduce the VHF Data Exchange System

(VDES), develop related performance standards and guidelines, and revise/amend relevant

IMO instruments.

18.11 During the ensuing discussion, the delegations that took the floor supported in general

the proposal to advance developments related to the introduction of VDES, recognizing also

the need to progress the development of relevant SOLAS amendments to comply with the

four-year cycle (MSC.1/Circ.1481). Views were also expressed indicating, in particular, the

need to:

include also the development of amendments to SOLAS chapter IV as part

of this output; and

develop related performance standards and guidelines before approving

amendments to SOLAS.

18.12 Following discussion, the Committee agreed to include in its post-biennial agenda an

output on "Development of amendments to SOLAS chapters IV and V and performance

standards and guidelines to introduce VHF Data Exchange System (VDES)", with two sessions

needed to complete the item, assigning the NCSR Sub-Committee as the associated organ,

and also agreed to exempt those SOLAS amendments from the four-year amendment cycle.

18.13 The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed,

accordance

with

MSC.1/Circ.1481

and

the amendments to be developed should apply to all ships of 300 gross

tonnage and above engaged on international voyages, cargo ships of 500

gross tonnage and above not engaged on international voyages, and

passenger ships irrespective of size, taking into account the application

provisions of SOLAS chapters IV and V, on or after the date of entry into

force;

the instrument to be amended was SOLAS, chapters IV and V, including the

development of related performance standards and guidelines, and

consequential amendments to existing instruments; and

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the NCSR Sub-Committee should recommend the appropriate entry-into-

force date for the amendments and also consider options with a view to

developing appropriate guidance for early implementation.

Extension of SOLAS requirements for emergency towing arrangements to all ship types

18.14 The Committee considered documents MSC 102/21/5 and Corr.1 (France et al.)

proposing an extension of the requirements for emergency towing arrangements in SOLAS

regulation II-1/3-4, applicable to tankers of not less than 20,000 tonnes deadweight, to all types

of large new ships. In this connection, the Committee noted the information contained in

documents MSC 102/INF.4 and MSC 102/INF.5 (France), providing information on the

evolution of ship size in the English Channel and a summary of a towing exercise between a

large container ship and a rescue tug, respectively.

18.15 Following discussion, the Committee agreed to include in the biennial agenda of the

SDC Sub-Committee for 2022-2023 and the provisional agenda for SDC 8 an output on

"Development of amendments to SOLAS regulation II-1/3-4 to apply requirements for

emergency towing equipment for tankers to other types of ships", with a target completion year

of 2023.

18.16 The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed,

accordance

with

MSC.1/Circ.1481

and

the amendments to be developed should apply to all types of new ships of

[20,000] gross tonnage and above, whereby the tonnage threshold was left

in square brackets for consideration by the SDC Sub-Committee and advice

to the Committee;

the instrument to be amended was SOLAS regulation II-1/3-4; and

the amendments to be developed should enter into force on 1 January 2028,

provided that they were adopted before 1 July 2026.

Development of performance standards for NAVDAT

18.17 The Committee considered document MSC 102/21/6 (Belgium et al.), together with

document MSC 102/INF.6 (China and France), proposing a new output to develop

performance standards for a digital navigational data system (NAVDAT) for the reception of

maritime safety and security-related information.

In this connection, the Committee also

considered document MSC 102/21/25 (United Kingdom),

proposing additionally to assess

the need for a NAVDAT coordination scheme and propose solutions; develop a NAVDAT

manual; amend MSI manuals to support the introduction of NAVDAT and the relationship with

the existing MSI services; and update the GMDSS Master Plan in GISIS to reflect NAVDAT

stations; and agreed to include these additional items in the work under the output.

18.18 Following discussion, the Committee agreed to include in its post-biennial agenda an

output on "Development of performance standards for a digital navigational data system

(NAVDAT)", with two sessions needed to complete the item, assigning the NCSR

Sub-Committee as the associated organ.

Revision of COLREG, 1972, for vessels carrying special types of cargo

18.19 The Committee considered document MSC 102/21/8 (Islamic Republic of Iran)

proposing, with reference to the report on the investigation of the collision between

MT Sanchi

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and

MV CF Crystal,

a partial revision of COLREG, 1972, for vessels carrying dangerous

goods; together with documents MSC 102/21/18 (China) and MSC 102/21/23 (OCIMF)

commenting on the proposal.

18.20 Following discussion, and having noted, in particular, views indicating that a key

outcome of the casualty investigation was that a proper lookout had not been carried out; that

the COLREG provisions, in particular rule 5, already provided requirements for a proper

lookout irrespective of type and size of a vessel; and that the existing regulatory framework

was sufficient, the Committee concluded that the proposed output was not supported and,

therefore, was not to be taken forward.

Amendments to SOLAS chapter XII and revision of associated unified interpretations

18.21 The Committee considered document MSC 102/21/9/Rev.1 (Brazil et al.) proposing

amendments to SOLAS chapter XII (Additional safety measures for bulk carriers) and a

revision of the unified interpretations of SOLAS regulations XII/4.2 and XII/5.2 (MSC/Circ.1178)

in order to close gaps in these regulations that were identified during the flag State's marine

safety investigation of the loss of

MV Stellar Daisy,

together with

document

MSC 102/21/21(IACS) commenting on the proposal.

18.22 During the ensuing discussion, several delegations, while supporting a review of

SOLAS chapter XII and MSC/Circ.1178 in general, recognized that it was premature to

commence the work since this matter required a thorough analysis before developing a

requirement regarding water level detectors in addition to the existing requirements and

strength and stability of bulk carriers.

18.23 Following discussion, the Committee instructed the SDC Sub-Committee to consider

both documents under its agenda item "Any other business", taking into account the comments

made, and report back to the Committee with a recommendation on the way forward.

Amendments to the 2011 ESP Code

18.24 The Committee considered document MSC 102/21/10 (Brazil et al.) proposing

amendments to the International Code on the Enhanced Programme of Inspections during

Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code) to address safety issues

that were identified during the flag State's marine safety investigation of the loss of

MV Stellar

Daisy;

together with document MSC 102/21/17 (IACS) commenting on the proposal.

18.25 Having noted general support for considering the matters raised in document

MSC 102/21/10, as well as support for the comments provided by IACS and the perceived lack

of evidence that would warrant additional survey requirements of water ballast tank and void

spaces for all bulk carriers, the Committee instructed the SDC Sub-Committee to consider the

matter under its existing continuous output "Amendments to the ESP Code", taking into

account both documents.

18.26 The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed

accordance

with

MSC.1/Circ.1481

and

the SDC Sub-Committee consider in detail proposed amendments to the

2011 ESP Code to address matters related to surveys of ballast tanks and

void spaces, and advise the Committee on the application requirements;

the instrument to be amended was the 2011 ESP Code; and

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the amendments to be developed should enter into force with other

amendments being developed under the existing output.

Review of the 2010 FTP Code

18.27 The Committee considered document MSC 102/21/11 (Austria et al.) proposing a new

output on a revision of the International Code for Application of Fire Test Procedures, 2010

(2010 FTP Code) in order to allow for new fire protection systems and materials, also taking

into account unified interpretations of the Code and most recent ISO fire test standards.

18.28 Following discussion, the Committee agreed to include in its post-biennial agenda an

output on "Revision of the 2010 FTP Code to allow for new fire protection systems and

materials", with three sessions needed to complete the item, assigning the SSE Sub-

Committee as the associated organ.

18.29 The Committee also

MSC.1/Circ.1500/Rev.1, that:

agreed,

accordance

with

MSC.1/Circ.1481

and

the amendments to be developed should apply to all new ships to which

the 2010 FTP Code applied;

the instrument to be amended was the 2010 FTP Code; and

the amendments to be developed should enter into force on 1 January 2028,

provided that they were adopted before 1 July 2026.

Review of guidance on the application of SOLAS provisions related to safe return to

port

18.30 The Committee considered document MSC 102/21/12 (Bahamas et al.) proposing a

new output for a revision of the

Interim explanatory notes for the assessment of passenger

ship systems' capabilities after a fire or flooding casualty

(MSC.1/Circ.1369) and related

circulars; together with document MSC 102/21/22 (CLIA) commenting on the proposal.

18.31 Following discussion, the Committee agreed to include in its post-biennial agenda an

output on "Revision of the

Interim explanatory notes for the assessment of passenger ship

systems' capabilities after a fire or flooding casualty

(MSC.1/Circ.1369) and related circulars", with

two sessions needed to complete the item, assigning the SDC Sub-Committee as the

coordinating organ, in association with the SSE and HTW Sub-Committees as and when

requested by the SDC Sub-Committee.

Containers lost at sea

18.32 The Committee considered document MSC 102/21/13 (Vanuatu) proposing the

development of measures to facilitate the detection, reporting, positioning, tracking and

recovery of containers lost at sea; together with document MSC 102/21/19 (Austria et al.)

commenting on the proposal.

18.33 During the ensuing discussion, the delegations that took the floor supported the

importance and urgency of the issue. Having noted the timing of CCC 7, scheduled for

September 2021, the Committee recognized that consideration by the CCC Sub-Committee

should commence in the 2022-2023 biennium. The delegation of the Netherlands expressed

the view that following recent incidents involving large numbers of lost containers, a principal

and holistic discussion was warranted on whether the requirements and standards developed

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by the Organization had kept pace with the unrestrained increase in scale of containerships in

the previous decades. The observer from WSC made a statement on the issue as set out in

annex 16.

18.34 Following discussion, the Committee agreed to include in its post-biennial agenda an

output on "Development of measures regarding the detection and mandatory reporting of

containers lost at sea that may enhance the positioning, tracking and recovery of such

containers", with two sessions needed to complete the item, assigning the CCC

Sub-Committee as the coordinating organ, in association with the NCSR Sub-Committee as

and when requested by the CCC Sub-Committee.

New outputs proposed by the III Sub-Committee

New entrant training manual for PSC personnel

18.35 The Committee considered a proposal for a new output prepared by III 6 (III 6/15,

annex 5) to develop a training manual for new entrant PSC personnel, which would be regularly

updated, for voluntary use.

18.36 Following discussion, the Committee agreed to include in the biennial agenda of the

III Sub-Committee for 2022-2023 and the provisional agenda for III 8 an output on

"Development of an entrant training manual for PSC personnel", with a target completion year

of 2023, subject to concurrent decision by MEPC.

IMSAS guidance to assist in the implementation of the III Code by Member States

18.37 The Committee considered a proposal for a new output prepared by III 6 (III 6/15,

annex 7) to develop guidance in relation to the IMO Member State Audit Scheme (IMSAS) to

assist Member States in the implementation of the III Code.

18.38 Following discussion, the Committee agreed to include in the biennial agenda of the

III Sub-Committee for 2022-2023 and the provisional agenda for III 8 an output on

"Development of guidance in relation to IMSAS to assist in the implementation of the III Code

by Member States", with a target completion year of 2023, subject to concurrent decision by

MEPC.

Endorsement of new outputs

18.39 In accordance with Assembly resolution A.1111(30) on

Application of the Strategic

Plan of the Organization,

the Committee invited the Council to endorse the agreed new

outputs.

18.40 Following the consideration of the proposals for new outputs, the Committee noted a

statement by the Chair of the CCC Sub-Committee with respect to ongoing considerations in

the Sub-Committee to allocate more meeting time for working groups; and that, in this context,

document CCC 7/12 (Chair of CCC Sub-Committee) had been submitted to CCC 7 with two

proposed options, and interested Member States and international organizations were invited

to submit commenting documents by the submission deadline of 11 June 2021.

Biennial agendas of the Sub-Committees and provisional agendas for their forthcoming

sessions

18.41 Owing to time constraints, the Committee only considered the biennial agendas of the

SDC and SSE Sub-Committees and the provisional agendas for their forthcoming sessions,

taking into account that MSC 102 had already confirmed the biennial and provisional agendas

of the CCC, HTW, III and NCSR Sub-Committees.

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Biennial agenda of the SDC Sub-Committee and provisional agenda for SDC 8

18.42 The Committee, having recalled its earlier decisions to include three new or renamed

outputs on:

"Revision of the 1979, 1989 and 2009 MODU Codes and associated

MSC circulars to prohibit the use of materials containing asbestos, including

control of the storage of such materials on board";

"Development of amendments to SOLAS regulation II-1/3-4 to apply

requirements for emergency towing equipment for tankers to other types of

ships"; and

"Revision of the

Performance standards for water level detectors on bulk

carriers and single hold cargo ships other than bulk carriers

(resolution

MSC.188(79))",

in the biennial agenda of the SDC Sub-Committee for 2022-2023 and the provisional agenda

for SDC 8, approved the Sub-Committee's biennial agenda and the provisional agenda for

SDC 8, as set out in annexes 10 and 11, respectively.

Biennial agenda of the SSE Sub-Committee and provisional agenda for SSE 8

18.43 The Committee, having recalled its earlier decision to include a new output on

"Development of amendments to SOLAS chapter II-2 and the FSS Code concerning detection

and control of fires in cargo holds and on the cargo deck of containerships" in the biennial

agenda of the SSE Sub-Committee for 2022-2023 and the provisional agenda for SSE 8,

approved the Sub-Committee's biennial agenda and the provisional agenda for SSE 8, as set

out in annexes 10 and 11, respectively.

Biennial status report and post-biennial agenda of the Committee

18.44 Having recalled that, as usual, the status of outputs and the updated post-biennial

agenda would be produced after the session as annexes to its report to avoid any unnecessary

duplication of work, the Committee invited the Council to note the report on the status of

outputs for the 2020-2021 biennium and its post-biennial agenda, as set out in annexes 12

and 13, respectively.

Intersessional meeting

18.45 In addition to the intersessional meetings approved by MSC 102 to take place in 2021

(MSC 102/24, paragraphs 21.11 to 21.23), the Committee approved, subject to endorsement

by the Council, the holding of the thirty-sixth meeting of the E&T Group on the IMSBC Code,

to take place in the first half of 2022.

Substantive items for inclusion in the agendas for MSC 104 and MSC 105

18.46 Having considered the proposals in document MSC 103/WP.6, the Committee agreed

to the substantive items to be included in the agendas of its 104th and 105th sessions, as set

out in annex 14.

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Establishment of working and drafting groups at MSC 104

18.47 The Committee agreed that, based on the decisions taken under various agenda

items, working and drafting groups on the following subjects could be established at MSC 104:

piracy;

domestic ferry safety; and

amendments to mandatory instruments.

Duration and dates of the next two sessions

18.48 The Committee noted that MSC 104 had been scheduled to take place

from 4 to 8 October 2021 and that MSC 105, expected to take place in the first half of 2022,

had not yet been scheduled.

18.49 The Committee noted that owing to the uncertainty of which kind of meetings

(physical, remote or hybrid) would be held in 2022, the preliminary programme of meetings

for 2022 was not yet available and that meeting dates for 2022 were expected to be published

shortly after C 125 in July 2021.

ELECTION OF CHAIR AND VICE-CHAIR FOR 2021

19.1

In accordance with its Rules of Procedure, the Committee unanimously elected, at

the beginning of the session, Ms. Mayte Medina (United States) as Chair and Mr. Theofilos

Mozas (Greece) as Vice-Chair, both for 2021.

19.2

In this regard, the Committee noted that, with her election as Chair of the Committee,

Ms. Medina stepped down from her position as Chair of the HTW Sub-Committee.

Expression of appreciation

19.3

The Committee expressed sincere thanks and appreciation to Mr. Brad Groves

(Australia) and Mr. Juan Carlos Cubisino (Argentina) for their excellent services during the last

five years when they served as Chair and Vice-Chair, respectively.

ANY OTHER BUSINESS

20.1

The Committee recalled that MSC 102 had only considered documents related to the

impact of the COVID-19 pandemic on safety-related matters under this agenda item and had

postponed consideration of all remaining documents to this session (MSC 102/24,

paragraphs 1.13 and 22.1).

COVID-19 related matters

General

20.2

The Committee noted information provided orally by the Secretariat on the current

status of seafarers' designation as "key workers" and latest relevant developments relating to

the pandemic, in particular that:

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as of 10 May 2021, 58 Member States and 2 Associate Members had notified

the Organization of their recognition of seafarers as "key workers"

(Circular Letter No.4204/Add.35/Rev.6), and urged Governments that had

not yet done so to designate seafarers as ʺkey workersʺ, taking into account

the relevance of this designation, including for seafarersʹ prioritization for

vaccination;

as requested by MSC 102, the new GISIS module on Crew Change and

Repatriation of Seafarers had been developed and was available for the

notification and dissemination of information on ports that facilitated crew

changes and on National Focal Points on the matter (Circular Letter No.4398

of 8 April 2021) and that, following the deployment of the module, the MSC.7

circular series for the dissemination of such information would be

discontinued; and

the

Industry-recommended framework of protocols for ensuring safe ship

crew changes and travel during the coronavirus (COVID-19) pandemic

(MSC.1/Circ.1636) had been revised and disseminated by means of

MSC.1/Circ.1636/Rev.1, as agreed at MSC 102 (MSC 102/24,

paragraph 22.7). This revision took into account issues relevant to the global

roll out of vaccines and the critical part they played in facilitating shipsʹ crew

changes and the efficient movement of world trade, including, inter alia,

Circular Letter No.4204/Add.38 of 25 March 2021 containing a Joint

Statement by ICAO, ILO, IMO, WHO and IOM, urging all United Nations

Member States to prioritize seafarers in their national COVID-19 vaccination

programmes, to protect them through vaccination as soon as possible and

to facilitate their safe movement across borders; and endorsed

MSC.1/Circ.1636/Rev.1.

Ongoing work on COVID-19 related matters

20.3

The Committee noted the information provided in document MSC 103/20

(Secretariat), on the ongoing work of the Organization on COVID-19 matters, in particular on

the dissemination of relevant information and statements of the Secretary-General and joint

statements with other UN organizations; regulatory work, including in partnership with

UN organizations; collaboration on matters other than regulatory with the UN and other

UN agencies; collaboration with the shipping industry; and assistance and support provided to

seafarers, including through IMOʹs Seafarer Crisis Action Team (SCAT).

COVID-19 vaccination of seafarers

20.4

The Committee considered documents:

MSC 103/20/13 (France), proposing to develop and adopt a resolution to set

out the principles of a strategy for the vaccination of seafarers as key

workers; and to put in place powerful means to exchange information on the

various vaccination strategies implemented by States to avoid creating new

obstacles to crew changes; and

MSC 103/20/16 (Viet Nam), urging the Organization to adopt a resolution

requesting Member States to prioritize seafarers, both national and foreign,

calling at ports under a State's jurisdiction, for COVID-19 vaccination (as a

result of designating seafarers as ʺkey workersʺ).

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20.5

The Committee noted information provided orally by the Secretariat on the latest

developments relating to COVAX

and prioritization of seafarersʹ vaccination, in particular, that:

the Organization had actively engaged in supporting the analysis,

development and implementation of measures to address the impact of the

COVID-19 pandemic on seafarers, particularly those related to crew change

and vaccination, in relation to which IMO continued to engage with the UN

COVID-19 Crisis Management Team which, among many other matters,

addressed the impact of the pandemic on trade and travel, including the

shipping sector;

the discussions in the UN framework were led by WHO and the important

role of seafarers and their particular circumstances had been recognized and

acknowledged, as evidenced by the Joint Statement by IMO, ICAO, IMO,

ILO, WHO and IOM (Circular Letter No.4204/Add.38);

the global and equitable distribution of COVID-19 vaccines was a challenge

and the support from Member States to prioritize seafarers as key workers

within their national vaccination programmes in accordance with the advice

from the WHO SAGE Roadmap

was paramount; and

Member States and all other stakeholders were encouraged to share their

plans and initiatives with the Secretariat, communicate experiences and

lessons learned and, above all, support the initiatives of the Organization in

calling for the designation of seafarers as key workers and recognition of

their priority needs in national vaccination programmes.

20.6

The Committee also noted that the Secretariat, in consultation with the Chair of the

Committee, and taking into account the ongoing crew change crisis, the need for prioritization

of seafarers' vaccination and the aforementioned documents related thereto, had prepared a

draft resolution on recommended action to prioritize COVID-19 vaccination of seafarers, as set

out in document MSC 103/WP.12, with a view to facilitating consideration and action, as

appropriate.

20.7

In considering these matters

the Committee noted the following views:

national vaccination policies around the world were uneven, complex and

numerous, and differing groups had been prioritized in different States;

IMO needed to play an important role in the exchange of information and in

the development of a global strategy for the vaccination of seafarers;

proof of vaccinations should not be required of seafarers as they travelled

across boundaries;

the draft resolution on seafarersʹ vaccination should:

COVAX is the vaccines pillar of the Access to COVID-19 Tools (ACT) Accelerator. It is co-led by the Coalition

for Epidemic Preparedness Innovations (CEPI is a global partnership launched in 2017 to develop vaccines

to stop future epidemics) and Gavi (an international organization – a global Vaccine Alliance, bringing

together public and private sectors with the shared goal of creating equal access to new and underused

vaccines for children living in the world's poorest countries) and WHO.

WHO Strategic Advisory Group of Experts on Immunization:

WHO SAGE Roadmap for Prioritizing Uses of

COVID-19 Vaccines in the Context of Limited Supply.

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present a practical and realistic scheme of measures to prioritize

seafarersʹ vaccination, taking into account the limitations on ports in

administering vaccines and the consequences of any adopted

measures for seafarersʹ health on board ships;

embody the current status of COVID-19 vaccination globally,

acknowledging the reality of access to vaccines; and highlight the

importance of the role that the Secretary-General played in the

prioritization of seafarersʹ vaccination; and

be kept under review following its adoption owing to the evolving

nature of access to vaccines and national vaccination programmes;

vaccines should be administered before seafarers joined ships, in particular

taking into account that most vaccines required two doses;

vaccination of seafarers, regardless of their nationality, under national

vaccination programmes would be advisable, but this was beyond the ability

of many States;

although a global vaccination strategy and a unified procedure for the

maritime sector under the coordination of IMO would be desirable, this fell

under the responsibility of WHO with the assistance of UNICEF, and was

already being coordinated as part of the WHO SAGE Roadmap, with the

support of relevant stakeholders and maritime administrations; and

exchange of information on the various vaccination strategies implemented

by States and coordinated by IMO would be of paramount importance to

avoid creating new obstacles to crew change and for the global allocation of

vaccines; however, the dynamic nature of this information might hinder its

continuous reliability and accuracy.

20.8

In this connection, the Committee also noted statements by the delegations of

Indonesia and Philippines, as set out in annex 16.

20.9

Following consideration, the Committee:

acknowledging the difficulties of maintaining reliability and accuracy of

information on vaccination strategies implemented by States, invited

Member States to provide updated information on national vaccination

programmes, and relevant information related thereto, to the Secretariat with

a view to dissemination via circular letters;

recognized that the coordination of a global vaccination strategy, including

prioritization of seafarers, was undertaken by WHO with the assistance of

UNICEF, as part of the WHO SAGE Roadmap;

adopted resolution MSC.490(103) on

Recommended action to prioritize

COVID-19 vaccination of seafarers,

as set out in annex 15; and

requested the Secretariat to prepare a draft Assembly resolution consolidating

issues related to crew change, access to medical care, ʺkey workerʺ

designation and vaccination to further highlight the relevance of these

problems, for consideration at MSC 104, with a view to adoption by A 32.

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Proposal for agreement by Member States to address the pandemic

20.10 The Committee considered document MSC 103/20/14 (Dominica), proposing that all

IMO Member States create and sign an agreement to commit to and implement five actions

(designation of seafarers as ʺkey workersʺ; related internationally recognized documentation

of this status; allowances for travel; creation of quarantine facilities; and provision of access to

medical care, including access to vaccines) in order to address the crew change crisis, avoid

adverse impact on seafarersʹ physical and mental well-being, and ensure maritime safety.

20.11 In considering the proposal, the Committee noted that the five actions highlighted in

the document had already been the subject of substantial discussion within the UN, ILO and

IMO, resulting in the following resolutions:

MSC.473(ES.2) on

Recommended action to facilitate ship crew change,

access to medical care and seafarer travel during the COVID-19 pandemic,

adopted by the Committee on 21 September 2020;

A/75/L.37 on

International cooperation to address challenges faced by seafarers

as a result of the COVID-19 pandemic to support global supply chains,

adopted

by the United Nations General Assembly on 1 December 2020;

GB.340/Resolution (Rev.2) –

Resolution concerning maritime labour issues

and the COVID-19 pandemic,

adopted by ILO on 8 December 2020;

Resolution concerning the implementation and practical application of the

MLC, 2006, during the COVID-19 pandemic,

and the

Resolution concerning

COVID-19 vaccination for seafarers,

adopted by the Special Tripartite

Committee of the Maritime Labour Convention, 2006, as amended

(MLC, 2006) on 23 April 2021; and

resolution MSC.490(103) on

Recommended action to prioritize COVID-19

vaccination of seafarers,

adopted at this session (see paragraph 20.9.3).

20.12 The Committee also noted that the proposal raised a number of questions, inter alia,

how an agreement signed by Member States would fit within IMO proceedings in terms of its

nature (mandatory or non-mandatory); and that no draft text for such an agreement had been

provided.

20.13 Following consideration and recognizing that the matters raised in the document had

been addressed in resolutions of IMO, ILO, WHO and the UN General Assembly (see

paragraph 20.11), draft text for the agreement had not been provided, and that the use of an

agreement raised questions, the Committee agreed not to take any action at this stage.

Matters postponed

20.14 Owing to time constraints the Committee postponed consideration of documents

MSC 102/22, MSC 102/INF.9, MSC 103/20/4 and MSC 102/22/1 (Secretariat), MSC 103/20/2

and MSC 103/20/11 (Iceland et al.), MSC 103/20/7 (Secretariat), MSC 102/22/3 (WMO),

MSC 103/20/9 (IALA), MSC 103/20/6 (United States), MSC 102/22/6 (ISO), MSC 103/20/15

(IACS), MSC 103/20/17 (ICS et.al), MSC 102/22/4 (Ukraine), MSC 102/22/7 (Russian

Federation), MSC 102/INF.10 (Japan), MSC 102/INF.21 (ICS and OCIMF), MSC 103/20/1

(ISO), MSC 103/20/3 (IACS), MSC 103/20/5 (France and IALA), MSC 103/20/8 (Secretariat),

MSC 103/20/10 (France et al.), MSC 103/20/12 (Secretariat), MSC 103/INF.10 (Mauritius),

MSC 103/INF.11 (ICS) and MSC 103/INF.12 (Austria et al.) to the next session.

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CONSIDERATION OF THE REPORT OF THE COMMITTEE ON ITS 103RD

SESSION

21.1

The draft report of the session (MSC 103/WP.1/Rev.1) was prepared by the

Secretariat for consideration and adoption by the Committee taking into account the provisions

of the

Interim guidance to facilitate remote sessions of the Committees during the COVID-19

pandemic

(MSC-LEG-MEPC-TCC-FAL.1/Circ.1).

21.2

During the virtual meeting held on Friday, 14 May 2021, delegations were given an

opportunity to provide comments on the draft report and those wishing to further comment on

the decisions of the Committee were given a deadline of 24 May 2021, 23.59 (UTC+1) to do

so by correspondence, as provided for in the aforementioned Interim Guidance.

21.3

With no comments received by the above deadline, the report of the Committee was

finalized by the Secretariat in consultation with the Chair. The session was closed

on 24 May 2021, 23.59 (UTC+1), pursuant to rule 35 of the Rules of Procedure.

Action requested of other IMO organs

21.4

The Council, at its 125th session, is invited to:

consider the report of the 103rd session of the Maritime Safety Committee

and, in accordance with Article 21(b) of the IMO Convention, transmit the

report, with its comments and recommendations, to the thirty-second session

of the Assembly;

note that the consideration of agenda items 2, 4, 7, 11, 12, 17 and part of

item 20, and of the respective documents submitted under those items, was

deferred to MSC 104, taking into account the limited time available at this

remote session;

note that the Committee adopted amendments to the 1974 SOLAS

Convention, related mandatory codes and the STCW Convention and Code

and approved/adopted two non-mandatory instruments (section 3 and

annexes 1 to 7);

note that the Committee completed the regulatory scoping exercise for the

use of maritime autonomous surface ships (MASS) (section 5 and annex 8);

note the progress made regarding the development of further measures to

enhance the safety of ships relating to the use of fuel oil and measures to

improve domestic ferry safety (sections 6 and 8);

note the progress made regarding matters related to maritime security and

piracy and armed robbery against ships, in particular the adoption of

resolution MSC.489(103) on

Recommended action to address piracy and

armed robbery in the Gulf of Guinea

(sections 9 and 10 and annex 9);

note the actions taken regarding the outcome of the work of the

sub-committees reporting to this session (sections 13 to 16);

include a specific strategic direction on the human element in the current

Strategic Plan for the Organization at the earliest opportunity

(paragraph 13.2);

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endorse the decision to approve, in principle, the establishment of a standing

joint ILO/IMO working group to identify and address seafarers' issues and

the human element, subject to approval of the group's method of work, as

may be provided in the resolution to be adopted by the STC of ILO, by

relevant IMO Committees (paragraph 13.17.3);

endorse the decision of the Committee to approve 11 new outputs

(paragraphs 18.1 to 18.40);

note the biennial status report and the post-biennial agenda of the Committee

(paragraph 18.44 and annexes 12 and 13);

endorse the holding of an intersessional meeting of E&T 36 in the first half

of 2022 (paragraph 18.45); and

note the decisions taken on matters related to the impact of the COVID-19

pandemic on ship safety related matters, in particular the adoption of

resolution MSC.490(103) on

Recommended action to prioritize COVID-19

vaccination of seafarers

(section 20 and annex 15).

.10

.11

.12

.13

21.5

The Marine Environment Protection Committee, at its seventy-sixth session, is

invited to:

note that the Committee deferred the adoption of proposed amendments to

the 1988 Load Lines Protocol and the IGC Code concerning watertight doors

on cargo ships to MSC 104 (paragraph 3.19 and 3.33);

note the discussions regarding the coordination of MASS-related regulatory

work between the Committees (paragraphs 5.29 to 5.33);

noted the deliberation of the Working Group on Fuel Oil Safety with regard

to coordination between MSC and MEPC (paragraph 6.22); and

concurrently approve two new outputs, on "Development of an entrant

training manual for PSC personnel" and "Development of guidance in relation

to IMSAS to assist in the implementation of the III Code by Member States",

for inclusion in the biennial agenda of the III Sub-Committee for 2022-2023

and the provisional agenda for III 8 (paragraphs 18.35 to 18.38).

21.6

The Facilitation Committee, at its forty-fifth session, is invited to:

note that the Committee, with regard to MASS, agreed that the development

of a harmonized and well-defined terminology was essential, especially as

the progress on MASS would be considered by various organizations and

the industry, as well as by other IMO organs, such as the LEG and FAL

Committees (paragraph 5.24);

note that the Committee, regarding the establishment of a joint

LEG/MSC/FAL Working Group to coordinate MASS-related regulatory work,

agreed that it would be premature to do so at this point in time, recognizing

that the Committees had not yet completed the regulatory scoping exercise

for instruments under their purview, and that any future work on MASS

undertaken by a joint working group would require the identification of

common potential gaps and/or themes as well as priorities for future work

from all Committees (paragraph 5.32 and 5.33);

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concurrently approve MSC-FAL.1/Circ.3/Rev.1, updating the industry

guidance listed in paragraph 4.2 of the

Guidelines on maritime cyber risk

management

(MSC-FAL.1/Circ.3) to include the consolidated IACS

Recommendation

cyber

resilience

(Recommendation

166)

(paragraph 9.7);

note that the Committee requested the Secretariat to attend meetings of the

WCO Passenger Controls and Facilitation Working Group and report back

on developments to future sessions of the Committee as well as to inform

the FAL Committee of the outcome of its deliberations (paragraph 9.14); and

note that the Committee requested Member States to complete and keep

updated the

Questionnaire on information on port and coastal State

requirements related to privately contracted armed security personnel on

board ships

(PCASP) (MSC-FAL.1/Circ.2), to be sent to the Secretariat

through

[email protected]

for posting on the IMO website (paragraph 10.2.3).

21.7

The Legal Committee, at its 108th session, is invited to:

note that the Committee, with regard to MASS, agreed that the development

of a harmonized and well-defined terminology was essential, especially as

the progress on MASS would be considered by various organizations and

the industry, as well as by other IMO organs, such as the LEG and

FAL Committees (paragraph 5.24); and

note that the Committee, regarding the establishment of a joint

LEG/MSC/FAL Working Group to coordinate MASS-related regulatory work,

agreed that it would be premature to do so at this point in time, recognizing

that the Committees had not yet completed the regulatory scoping exercise

for instruments under their purview, and that any future work on MASS

undertaken by a joint working group would require the identification of

common potential gaps and/or themes as well as priorities for future work

from all Committees (paragraph 5.32 and 5.33).

21.8

The Technical Cooperation Committee, at its seventy-first session, is invited to note

the developments and progress made on the subject of domestic ferry safety (section 8).

(the

annexes to this report are set out in document MSC 103/21/Add.1)

___________

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