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IMO Good Notes

MEO IMO study

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100% found this document useful (1 vote)
428 views36 pages

IMO Good Notes

MEO IMO study

Uploaded by

pawan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 36

© IFSMA, the International Federation of

Shipmasters’ Associations, April 2014


Text based on material by courtesy of
Rossen Karavatchev
© Cover photo: www.imo.org
About the IMO

Table of Contents
1 INTRODUCTION …………………………………………………………………… 3
Historical background ……………………………………………………………… 3
IMO’s mission objectives and strategic planning process ……………………... 3
Planned Outputs (POs) ……………………………………………………………. 4
Unplanned outputs (UOs) …………………………………………………………. 4
Physical location and general contact information ………………..……………. 4

2 POLITICAL STRUCTURE ………………………………………………………… 5


General ……………………………………………………………………………… 5
Political fora ……………………………………………………………………….... 5
Assembly ……………………………………………………………………...…….. 5
Council ……………………………………………………………………………… 6
Maritime Safety Committee (MSC) ………………………………………………. 7
Marine Environment Protection Committee (MEPC) …………………………… 7
Legal Committee (LEG) …………………………………………………………… 7
Technical Co-operation Committee (TCC) ……………………………………… 7
Facilitation Committee (FAL) ……………………………………………………… 7
Committees and subsidiary bodies (sub-committees) …………………………. 8

3 THE SECRETARIAT ........................................................................................ 9


Maritime Safety Division (MSD) …………………………………........................ 9
Operational Safety, and Human Element Sub-Division …………………......... 9
Marine Technology and Cargoes Sub-division …………………………………. 10
Department of Member States Audit Implementation Support ……………….. 10
Maritime Security and Facilitation Sub-division ............................................... 10
Marine Environment Division (MED) …………………………………………….. 11
Legal Affairs and External Relations Division (LED) …………………………… 11
Administrative Division (AD) ………………………………………………………. 11
Conference Division (CD) ………………………………………………………… 11
Technical Co-operation Division (TCD) …………………………………………. 12
Office of the Secretary-General …………………………………………………... 12

4 IMO INSTRUMENTS ……………………………………………………………… 13


Conventions and Protocols ………………………………………………...…….. 13
Guidelines, recommendations etc. .................................................................... 13
Codes ………………………………………………………………………………... 14

1
About the IMO

5 AMENDMENT PROCEDURES FOR CERTAIN CONVENTIONS , ETC. …... 15


SOLAS 1974 and the Protocol of 1988 to SOLAS 74 ………………………….. 15
Codes made mandatory through SOLAS 74 ……………………………………. 15
MARPOL 73/78 …………………………………………………………………….. 16
Load Lines 1966 and Protocol of 1988 to LL 66 ………………………………… 16
FAL 1965 ……………………………………………………………………………. 16
STCW 1978 ………………………………………………………………………… 16
COLREG 1972 ……………………………………………………………………... 17
SAR 1979 …………………………………………………………………………… 17
CSC 1972 …………………………………………………………………………… 17

6 REFERENCING IMO AND OTHER INSTRUMENTS IN IMO


CONVENTIONS AND OTHER MANDATORY INSTRUMENTS ……………… 18

7 TYPES OF DOCUMENTS ISSUED BY IMO ……………………………………. 19

8 GUIDELINES ON THE ORGANISATION AND METHODS OF WORK ……... 20


Working arrangements for Working and Correspondence Groups …………… 21
Meeting documents ………………………………………………………………… 21

9 CHECKLIST – SUBMISSIONS …………………………………………………… 23

10 GUIDANCE ON MEETINGS ……………………………………………………… 25


Chairman 25
Sub-committees ……………………………………………………………………. 26

11 PRACTICAL INFORMATION FOR IFSMA DELEGATES TO IMO …………… 27

Table of Figures
Fig. 1: The IMO Secretariat …………………………………………………………… 30
Fig. 2: IMO Committees and Subcommittees …..…………………………………… 31
Fig. 3: Submission Format …………………………………………………………….. 32

2
About the IMO

1 Introduction
IMO – the International Maritime Organization – is the United Nations specialized
agency with responsibility for the safety and security of shipping and the prevention
of marine pollution by ships.

Historical background
An international conference convened by the United Nations in Geneva, Switzerland
adopted on 6 March 1948 the Convention on the Inter-Governmental Maritime
Consultative Organization (IMCO) which – for the first time in history – established
an international organ dedicated to deal with maritime affairs as a specialized agency
under the UN. The Convention entered into force 10 years later on 17 March 1958.
By means of an amendment to the Convention adopted by the Assembly in
November 1975 (Resolution A.358(IX)) the name was changed to the International
Maritime Organization (IMO) with effect from 22 May 1982.
IMCO (later IMO) consisted of the Assembly, the Council and the Maritime Safety
Committee (MSC). In the beginning the MSC consisted of 8 (later 18) members
elected by the Assembly. In October 1974 the Assembly decided that all IMO
Members could be members of the MSC (Resolution A.345(ES.V)).
In November 1975 two new Committees were established: The Legal Committee
(LEG) and the Marine Environment Protection Committee (MEPC). In November
1977 the Technical Co-operation Committee (TCC) was established. All IMO
Members can be members of these Committees.
In 1991 another amendment to the Convention was adopted to establish one more
Committee: The Facilitation Committee (FAL). This amendment came into force 10
May 2001.
The membership of the Council has been increased over the years to reflect the
increase in IMO Members and now stands at 40.

IMO’s mission objectives and strategic planning process


The mission of IMO is to promote safe, secure, environmentally sound, efficient and
sustainable shipping through co-operation. The challenges for IMO emanate from the
general trends and developments in the shipping industry.
The strategic directions of IMO set out the general responses of the Organization to
the challenges it faces and are designed to achieve its mission objectives.
The tools for supporting the IMO’s strategic planning process are adopted by the
Assembly on a biennial basis, by way of three documents: the Strategic Plan (SP),
the High-Level Action Plan (HLAP) and the Results-Based Budget (RBB).

3
About the IMO

A. The Strategic Plan (SP) covers a six-year period and establishes:


1. the outcome of the analysis of shipping trends and developments, and the
consequential challenges;
2. the strategic directions for enabling IMO to achieve its mission objectives; and
3. the performance indicators related to the strategic directions.
B. The High-level Action Plan (HLAP) covers a given biennium and sets out:
1. the high-level actions necessary to achieve the strategic directions included in
the SP; and
2. the expected products – the so-called “planned outputs” (POs) – to be
delivered over the biennium.

Planned Outputs (POs)


The planned outputs (POs) set out in the biennial High-level Action Plan should be
delivered by the Organization during the biennium concerned. They are prepared by
the Council, the Committees and the Secretariat before being submitted to the
Assembly for its adoption.

Unplanned Outputs (UOs)


Unplanned outputs (UOs) may be accepted for delivery during a biennium after the
adoption of the High-level Action Plan for that biennium.
Submitting proposals for UOs: Submissions of proposals for the inclusion of UOs in
the biennial HLAP must be made by a Government or IGO - or where the proposal
originates from a NGO be co-sponsored by a Government, and they should be
submitted to the relevant Committee(s). They should never be submitted to a Sub-
Committee.
In order to enable the relevant IMO organ to make an informed decision on the inclusion
of a proposed UO, the submission should cover all the information specified in the Guide-
lines on the Application of the Strategic Plan and the High-Level Action Plan (GAP).

Physical location and general contact information


IMO has, since its inception, had its headquarters in London and in 1983 moved to
its present location.
Address: 4 Albert Embankment
London SE1 7SR, United Kingdom
Telephone: +44 207 735 7611
Telefax: +44 207 587 3210
E-mail: info@imo,org
Internet website: www.imo.org
Documents website: www.imodocs.imo.org (requires password)

4
About the IMO

2 Political Structure
General
Under the IMO Convention membership is open, in principle, to all States.
A Member of the United Nations may become a Member of IMO by becoming party
to the IMO Convention. The same applies to States which were not Members of the
United Nations but which were invited to send representatives to the conference
convened in 1948 in Geneva.
Any other State may apply through the Secretary-General of IMO to become a
Member and shall be admitted as a Member upon becoming a party to the IMO
Convention provided that its application is approved by two thirds of the Members.
Any Territory or group of Territories to which the Convention has been made
applicable by the Member having responsibility for its international relations, or by
the United Nations, may become an Associate Member. Associate Members are not
allowed to vote and are not eligible for election to the Council.
At the end of 2012, IMO had 170 Members and three Associate Members.
In accordance with the IMO Convention IMO shall co-operate with any other
Specialized Agency of the UN, may co-operate with other intergovernmental orga-
nizations and may also enter into agreements with non-governmental organizations
(NGOs) on consultative status.
Updated lists of the IMO membership and agreements with international organi-
zations (IGOs) and NGOs can be found on the website of IMO.

Political fora
According to the Convention the following political fora have been established:
 the Assembly;
 the Council;
 Maritime Safety Committee (MSC);
 Marine Environment Protection Committee (MEPC);
 Legal Committee (LEG);
 Technical Co-operation Committee (TCC);
 Facilitation Committee (FAL).

Assembly
The Assembly is the highest decision-making organ of the IMO and consists of all
Members.

5
About the IMO

The Assembly meets every second year (odd years), usually in November, and
deals, inter alia, with the following issues:
 election of Members of the Council;
 matters submitted by the Council;
 approval of the work programme of IMO;
 approval of the budget and accounts;
 decisions to convene international conferences;
 adoption of resolutions (except for those of a technical nature, i.e.performance
standards and technical specifications, which are to be adopted by the MSC or
MEPC.
Three Committees are normally established during sessions of the Assembly:
 Credentials Committee;
 Legal/Administrative Committee (Committee I);
 Technical Committee (Committee II).
Delegations to the Assembly shall be fully accredited.

Council
The Council consists of 40 Members elected by the Assembly. As per December
2013 the Members of the Council are:
Category (a): 10 States with the largest interest in providing international shipping
services: China, Greece, Italy, Japan, Norway, Panama, Republic of
Korea, Russian Federation, United Kingdom, United States.
Category (b): 10 other States with the largest interest in international seaborne
trade: Argentina, Bangladesh, Brazil, Canada, France, Germany, India,
Netherlands, Spain, Sweden.
Category (c): 20 States not elected under (a) or (b) above which have special
interests in maritime transport or navigation, and whose election to
the Council will ensure the representation of all major geographic
areas of the world: Australia, Bahamas, Belgium, Chile, Cyprus,
Denmark, Indonesia, Jamaica, Kenya, Liberia, Malaysia, Malta,
Mexico, Morocco, Peru, Philippines, Singapore, South Africa, Thailand,
Turkey.
Other IMO Members can participate in sessions of the Council as observers without
voting rights.
The Council, which meets twice every year, deals primarily with the draft work
programme and budget of the IMO developed by the Secretary-General and submits
it – with its comments – to the Assembly. The Council also deals with a number of
more political issues, e.g. strategy and planning.

6
About the IMO

Maritime Safety Committee (MSC)


The MSC consists of all IMO Members and meets once (usually in May/June) during
years where the Assembly meets (odd years) and twice (usually in May/June and in
November/December) in even years.
The MSC deals with all questions related to safety at sea, adopt its own Resolutions
and Circulars and approves relevant draft Assembly resolutions. MSC also deals
with maritime security in co-operation with the other Committees.
Delegations to sessions of the MSC shall be fully accredited.

Marine Environment Protection Committee (MEPC)


The MEPC consists of all IMO Members and usually meets three times during a two-
year period.
The MEPC deals with all questions relating to prevention and control of pollution
from ships and adopts its own Resolutions and Circulars and approves relevant draft
Assembly Resolutions.

Legal Committee (LEG)


The Legal Committee consists of all IMO Members and usually meets three times
during a two-year period.
The Legal Committee deals with all legal questions including Conventions and
Protocols of a general nature (non-technical).

Technical Co-operation Committee (TCC)


The TCC consists of all IMO Members and usually meets three times during a two-
year period.
The TCC deals with all questions related to the implementation of technical co-
operation projects, in particular technical assistance to developing countries.

Facilitation Committee (FAL)


FAL consists of all IMO Members and usually meets once a year.
FAL is responsible for IMO’s activities in relation to facilitation of international
shipping. Such facilitation aims at reducing and simplifying documentation required
from ships in connection with arrival in and departure from ports. Issues such as
stowaways, transport of illegal migrants and drug smuggling by ships are also dealt
with by FAL.
Reporting to FAL is a working group (more or less permanent) on Ship/Port Interface
(SPI). This Group reports – through FAL – to the MSC and the MEPC on issues
within those Committees’ competence.

7
About the IMO

Committees and subsidiary bodies (sub-committees)


The MSC and the MEPC have established a number of Sub-committees:
 Sub-Committee on Human Element, Training and Watchkeeping (HTW);
 Sub-Committee on Implementation of IMO Instruments (III);
 Sub-Committee on Navigation, Communications and Search and Rescue (NCSR);
 Sub-Committee on Pollution Prevention and Response (PPR);
 Sub-Committee on Ship Design and Construction (SDC);
 Sub-Committee on Ship Systems and Equipment (SSE); and
 Sub-Committee on Carriage of Cargoes and Containers (CCC).
In 2013 the existing nine Sub-Committees were restructured to seven as follows:
DE, FP and SLF merged and become:
 Ship Systems and Equipment ( SSE)
 Ship Design and Construction (SDC)
COMSAR and NAV merge and become:
 Navigation, Communications, Search and Rescue (NCSR)
BLG and DSC are renamed and broadened:
 Pollution Prevention and Response (PPR)
 Carriage of Cargoes and Containers (CCC)
FSI and STW are renamed:
 Implementation of IMO Instruments (III)
 Human Element, Training and Watchkeeping (HTW)
Sub-committees usually meet once a year. For budgetary or other reasons it may
happen that one or more Sub-committees will only be given two sessions during a
three-year period.
The MSC and the MEPC can decide to abolish or to merge existing Sub-committees
as well as to change their names and/or areas of work.
The sub-committees operate under the instructions of both the MSC and the MEPC.
Reporting should be made to the committee that has sought the advice of the sub-
committee(s).
Sub-committees should not amend the scope of planned outputs and not develop
amendments or interpretations to any relevant IMO instruments without permission
from the committee.
Consideration should be given to urgent issues when deciding on outputs, taking into
account the number of working days in each session and the number of WGs and
DGs to be established.
The outputs should be selected from the biennial agenda.
A diagram illustrating the political structure of IMO is given in the attached Figure 1 .

8
About the IMO

3 The Secretariat
The IMO Secretariat is headed by the Secretary-General. The Secretariat employs
about 300 staff at its headquarters in London. The present Secretary-General is Mr.
Koji Sekimizu (Japan).
The Secretariat is organized into six Divisions, each headed by a Director:
 Maritime Safety Division (MSD);
 Marine Environment Division (MED);
 Technical Co-operation Division (TCD);
 Legal Affairs and External Relations Division (LED);
 Administrative Division (AD);
 Conference Division (CD).
In addition to the Divisions there is the Office of the Secretary-General.
A diagram illustrating the organizational structure of the Secretariat is provided in
Figure 2.

Maritime Safety Division (MSD)


This Division, which consists of four Sub-divisions, provides secretarial services to
the MSC and the Sub-committees as well as for relevant international conferences.
Operational Safety, and Human Element Sub-Division
The sub-division is headed by a Senior Deputy Director and consists of two Sections:
Operational Safety Section deals with questions relating to:
 Safety of Navigation;
 Radio communications;
 Search and Rescue.
This Section provides secretarial services to the NCSR Sub-Committee, the
Joint IMO/ICAO Working Group on Harmonization of Aeronautical and
Maritime SAR Procedures and the IMO/IHO Harmonization Group on ECDIS
(HGE).
The Section also works in close co-operation with a number of other
international organizations, in particular CEPT, CIRM, COSPAS-SARSAT,
IALA, ICAO, IEC, IHO, IMSO, ITU and WMO.
Maritime Training and Human Element Section deals with questions relating to:
 The STCW Convention and Code;
 The STCW-F Convention;
 Education and Training;
 IMO Model Courses;

9
About the IMO

 The Human Element;


 The ISM Code.
This Section provides secretarial services to the HTW Sub-Committee, the
Joint ILO/IMO Committee on Training (JCT), the Joint MSC/MEPC Working
Group on the Human Element, and the Joint FAO/ILO/IMO Working Groups
on fisheries related matters
The Section also works in close co-operation with a number of other
international organizations, in particular FAO, ILO and WHO.
Marine Technology and Cargoes Sub-division
It is headed by a Senior Deputy Director and consists of two sections:
Technology Section deals with questions relating to:
 Ship construction, including stability and fire protection;
 Life-saving appliances and arrangements;
 IBC, IGC, BCH and GC Codes;
 Survey and certification in general;
 Maintenance in general;
 Safety of fishing vessels;
 Research and development in the area of maritime safety.
The Section provides secretarial services for the SDC, PPR and SSE Sub-
Committees.
Cargoes Section deals with questions related to:
 Cargoes, including Dangerous Goods.; and
 IBC, IGC, BCH and GC Codes;
The Section provides secretarial services to the CCC and PPR Sub-
Committees as well as the E&T Working Group.
Department of Member States Audit Implementation Support
Headed by a Deputy Director and consists of two Sections:
Implementation and PSC Co-ordination Section deals with questions related to:
 Flag State Implementation;
 Port State control;
 Databases (casualties, deficiencies, piracy, ship identification).
The Section provides secretarial services for the III Sub-committee.
TC Implementation Co-ordination Section deals with questions related to:
 Technical co-operation projects (MSD).
Maritime Security and Facilitation Sub-division
Headed by a Senior Deputy Director, consists of two sections:
Maritime Security Section deals with questions relating to:
 Piracy and Armed Robbery against Ships;

10
About the IMO

 Maritime Security.
The Section provides secretarial services to Working Groups on maritime
security and works in close co-operation with other international organizations,
in particular ILO and WCO.
Facilitation Section deals with questions relating to the Facilitation Convention.
The Section also provides secretarial services to the FAL Committee.
Marine Environment Division (MED)
The Division consists of two Sub-divisions and provides secretarial services for the
MEPC and PPR, meetings on the London Convention and for relevant conferences.
Sub-division for Protective Measures, deals with questions related to MARPOL, AFS,
etc. The Office for Ballast Water Management also falls under this Sub-division.
Sub-division for Implementation, headed by a Senior Deputy Director, deals with
questions relating to the OPRC and OPRC/HNS Conventions as well as technical
co-operation projects (MED). The Office for the London Convention also falls under
this Sub-division.
The Division has regional programme offices in certain areas of the world (in co-
operation with UNDP and other international organizations).
Legal Affairs and External Relations Division (LED)
The Division consists of two entities:
 The Legal Office, headed by a Senior Deputy Director, deals with all legal
questions.
 The External Relations Office, headed by a Senior Deputy Director, deals
with questions on relations with the UN system and other international
organizations. It also deals with public information and library services.
Administrative Division (AD)
The Division consists of sections for: Finance, Personnel, General Services,
Information Technology, and Publishing (including printing).
Conference Division (CD)
The Division consists of three entities:
 Translation Services cover translation and word processing in Arabic,
Chinese, English, French, Russian and Spanish.
 The Conference Section deals with practical aspects of meetings (meeting
rooms, technical issues, registration, messages and phone calls to delegates,
etc).
 The Documents Section deals with the production and distribution of IMO
documents. The Section is also responsible for the IMO document website on
the Internet.

11
About the IMO

Technical Co-operation Division (TCD)


This Division deals with technical co-operation, in particular with developing
countries, and also seeks to provide donors for relevant projects.
Four Regional Presences have been established:
 Eastern and Southern Sub-Region of Africa (Anglophone) in Kenya.
 West and Central Sub-Region of Africa (Anglophone) in Ghana.
 West and Central Sub-Region of Africa (Francophone) in Cote d’Ivoire.
 Asia Region in the Philippines.
Office of the Secretary-General
This Office consists of three entities:
 Executive Office;
 Policy and Planning Unit which deals with IMO’s external and internal policies
and planning, including the organization’s strategic plan; and
 Member State Audit and Internal Oversight Unit.

12
About the IMO

4 IMO Instruments
Conventions and Protocols
One of the tasks of IMO is to adopt mandatory international instruments, e.g.
Conventions and Protocols, as well as amendments thereto.
Information on such instruments, including their current status, can be found on the
IMO website on the Internet.
Conventions or Protocols can only be adopted by a diplomatic conference.
The amendment procedures for a number of IMO instruments are described in
chapter 5.
Some examples of Conventions and Protocols adopted by IMO are:
Conventions:  SOLAS 74
 MARPOL 73/78
 COLREG 72
 LL 66
Protocols:  SOLAS PROT 88
 LL PROT 88
 MARPOL PROT 97

Guidelines, recommandations etc.


A large number of non-binding instruments have been adopted in IMO in the form of
guidelines, recommendations etc. Such instruments primarily serve to supplement
the mandatory instruments and to assist administrations in the national
implementation of IMO instruments.
Guidance on how to reference IMO and other instruments in IMO mandatory
instruments is provided in chapter 6.
Non-binding instruments are issued as Resolutions or Circulars. Some examples of
IMO non-binding instruments are:
Resolutions:  A.866(20) on Guidance to ships’ crews and terminal personnel for
bulk carrier inspections;
 A.864(20) on Recommendations for entering enclosed spaces
aboard ships;
 A.856(20) on Standards for on-board helicopter facilities;
 A.854(20) on Guidelines for developing shipboard emergency
plans for ships carrying materials subject to the INF Code;
 A.830(19) on the Code on alarms and indicators;
 A.816(19) on Performance standards for shipborne DECCA receivers;
 MSC.62(67) on Guidelines for safe access to tanker bows.

13
About the IMO

Circulars:  MSC/Circ.854 on Guidelines for shipboard loading and stability


computer programme;
 MSC/Circ.853 on Guidance on shipboard assessment of proficiency;
 MSC/Circ.847 on Interpretation of vague expressions and other
vague wording in SOLAS chapter II-2;
 MSC/Circ.810 on Recommendations on means of rescue on ro-ro
passenger ships;
 SN/Circ.189 on Marking of seismic streamers;
 COMSAR/Circ.17 on Recommendations on use of GMDSS equip-
ment for non-safety communications;
 LL.3/Circ.55 on Revalidation of certificates;
 LL.3/Circ.77 on Unified interpretations of the provisions of the 1966
LL Conventions.

Codes
Codes are generally adopted as Resolutions – in most cases as Assembly
resolutions – and as such are not by their nature mandatory instruments.
The word ‘Code’ is often used to indicate that the instrument has been formulated in
such a way that it could be made mandatory at a later stage.
Examples of mandatory codes are:
 High-speed Craft (HSC) Code
(mandatory through SOLAS chapter X);
 International Safety Management (ISM) Code
(mandatory through SOLAS chapter IX);
 Life-Saving Appliances (LSA) Code
(mandatory through SOLAS chapter III).
Some Codes, e.g. the STCW Code and the ISPS Code, have been directly
developed and adopted as partly mandatory instruments. The aforementioned Codes
each consists of two parts: Part A which is mandatory, and Part B which is
recommendatory.

14
About the IMO

5 Amendment Procedures for Certain


Conventions, etc.
Proposals for amendments are usually circulated as an annex to a Circular letter.
Such annexes are printed on pink paper for ease of identification and to underline
their importance.

SOLAS 1974 and the Protocol of 1988 to SOLAS 74


The amendment procedure is described in Article VIII. In general, amendments can
be adopted by:
 an expanded session of the MSC (Article VIII(b)), i.e. the MSC expanded to
include Contracting Governments to SOLAS which are not members of IMO; or
 a diplomatic conference of Contracting Governments to SOLAS (Article VIII(c)).
Amendments to an article of the Convention or to chapter I of the annex shall be
accepted and enter into force by explicit acceptance (ratification, accession,
signature, etc).
Amendments to other chapters of the annex can be accepted and enter into force if
they have not been objected to either by more than one third of the Contracting
Governments or the combined merchant fleets which constitute not less than fifty per
cent of the gross tonnage of the world’s merchant fleet (‘tacit agreement’).
Amendments to be adopted by an expanded MSC shall be circulated to all IMO
Members and all Contracting Governments at least six months prior to their
consideration.
Following adoption of an amendment to the annex, other than to chapter I, the
amendment will be deemed to have been accepted either two years after the date of
adoption (‘normal’ procedure – Article VIII(b)(vi)(2)(aa)), or not less than one year
after adoption, if this is decided by the expanded MSC (‘accelerated’ procedure –
Article VIII(b)(vi)(2)(bb)).
If an amendment is adopted by a Diplomatic Conference, the period can – in
exceptional circumstances – be reduced to not less than six months after adoption,
if the Conference so decides (Resolution 4 of the 1994 SOLAS Conference).
Amendments will enter into force six months after they are deemed to have been
accepted.

Codes made mandatory through SOLAS 74


A number of Codes have been made mandatory through direct reference in SOLAS.
Such Codes can only be amended following the procedures prescribed in Article VIII.

15
About the IMO

Examples of such Codes are the FSS, FTP, LSA, Grain, HSC, IBC, IGC, IMDG, INF,
ISM and ISPS Codes.

MARPOL 73/78
The amendment procedures are found in Article 16 of MARPOL 73. The procedures
are very similar to the amendment procedures applicable to SOLAS.
The expression ‘an appropriate body’ is used in MARPOL instead of the ‘expanded
committee’ used in SOLAS.
Explicit acceptance is required for amendments to the Articles themselves and to
Protocol II on Arbitration (Article 16(2)(f)(i) and 16(2)(f)(v)).
As a general rule the ‘tacit agreement’ procedure can be used for amendments to an
annex and to Protocol I on Reporting (Article 16(2)(f)(ii) and 16(2)(f)(iii)). That
procedure is also used for amendments to an appendix to an annex.
An amendment adopted under the ‘tacit agreement’ procedure is deemed to have
been accepted not less than ten months after the date of adoption and will enter into
force six months after acceptance.
The Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel
Engines (the NOx Code) became mandatory (with effect from 1 January 2000) under
regulation 13 of Annex VI (the 1997 Protocol), when the Protocol entered into force
on 19 May 2005.

Load Lines 1966 and Protocol of 1988 to LL 66


The amendment procedures are found in Article 29. They are similar to the
procedures for amending SOLAS, except that the ‘tacit agreement’ procedure can be
used for all parts of the annexes to the LL Convention.

FAL 1965
The amendment procedures are found in Articles VII and IX.
Amendments to the Convention itself must be adopted by a Diplomatic conference
and need explicit acceptance. Such amendments will enter into force one year after
acceptance by two thirds of the Contracting Governments (Article IX).
The ‘tacit agreement’ procedure is used for amendments to the annex. Such
amendments will enter into force 15 months after adoption and communication to all
Contracting Governments unless within 12 months after the communication at least
one third of Contracting Governments have notified that they do not accept the
amendments (Article VII).

STCW 1978
The amendment procedures are found in Article XII. They are similar to those used

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About the IMO

for amending SOLAS, except that the ‘tacit agreement’ procedure can be used for
the entire annex. The ‘tacit agreement’ procedure can also be used for Part A of the
STCW Code.

COLREG 1972
The amendment procedures are found in Articles V and VI. The procedure for
amending the Articles themselves just states that a diplomatic conference can be
established for this purpose (Article V).
Amendments to the annex (the Rules) must be circulated at least six months prior to
adoption by the Assembly. Contracting parties who are not Members of IMO have
the right to participate in the adoption process. The ‘tacit agreement’ procedure is
used for such amendments. Dates for acceptance and entering into force are
decided by the Assembly.

SAR 1979
The amendment procedures are found in Article III. They are very similar to those
used for amending SOLAS.
Explicit acceptance is necessary for amendments to the Articles themselves and to
paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 and 3.1.3 in the annex.
The ‘tacit agreement’ procedure is used for amending the other parts of the annex.
Such amendments will be deemed to have been accepted 12 months after the date
of adoption and will then enter into force six months later.

CSC 1972
The amendment procedures are found in Articles IX and X. Article IX covers
amendments to the Convention itself. Such amendments need explicit acceptance.
For amendments to the annexes, the ‘tacit agreement’ procedure is used.

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About the IMO

6 Referencing IMO and other


instruments in IMO conventions and
other mandatory instruments
Conventions and Protocols are by their very nature mandatory instruments.
Codes are, as a general rule, Resolutions. As such they are not automatically
mandatory instruments. They can, however, be made mandatory through direct
reference in a mandatory instrument.
A number of Resolutions and Circulars are referenced by footnote in consolidated
publications of Conventions, etc.
For many years it has been rather uncertain which instruments are mandatory and
which are not. The main reason for this was the non-systematic use of different
words such as ‘guidance’, ‘guidelines’, ‘standard’ etc in the mandatory instruments.
In 1999 IMO adopted MSC/Circ.930 – MEPC/Circ.364 providing guidance on the
subject. In November 2001 this circular was replaced by resolution A.911(22) on
Uniform Wording for Referencing IMO instruments.

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About the IMO

7 Types of documents issued by IMO


Type Example Explanation Examples of use
Note Verbale A1/A/8.02(NV.116) Consecutively numbered  certain invitations
(NV.116) for each Code. The  amendment information
Code (A1/A/8.02) is the IMO  rectification of errors, etc.
internal Registry File
Circular Circular Letter No. Consecutively numbered  invitations to IMO meetings
Letter 2104  proposed amendments
 signatories to mandatory instruments
IMO Circulars IMO.6/Circ.28 Consecutively numbered IMO.6 is used in relation to the 1993
amendments to the IMO Convention
Resolutions A.824(19) A means Assembly, 824 is a
consecutive number, and (19)
means the 19th session
MSC.80(70) 80 is a consecutive number and Issued only as an annex to the relevant
(70) means the 70th session MSC report
as for MSC
Circulars MSC/Circ.1014 Consecutive numbering
FAL.6/Circ.1 .6 indicates that it is a sub-series FAL.6 contains information on ship/port
of the series of FAL circulars interface (SPI).
From the Sub-committee on Safety of
SN/Circ.114 Navigation
From the Sub-committee on Radio
COMSAR/Circ.12 Communications and Search and
Rescue
Concerning the STCW Convention. .5
STCW.5/Circ.1 relates to information on regulation I/5
Meeting MSC 71/15/2 71 means the 71st session, 15 Issued in English, French and Spanish
documents is the agenda item and 2 is a
consecutive number under the
relevant agenda item
MSC 71/15/2/Add.1 An addition to MSC 71/15/2, Issued in English, French and Spanish
which will be considered
together with that document
MSC 71/15/2/Corr.1 Corrects MSC 71/15/2 and will Issued in English, French and Spanish
be considered together with that
document
MSC 71/15/2/Rev.1 Replaces MSC 71/15/2 Issued in English, French and Spanish
MSC 71/INF. 2 Information paper Issued in the original language only
MSC 71/WP.1 Working paper produced during Issued in English, French and Spanish
the session – primarily reports of
working or drafting groups
MSC 71/J/1 Ad hoc-paper produced by the Usually issued in English only
Secretariat during the session

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About the IMO

8 Guidelines on the organisation and


methods of work
Guidelines on the organization and methods of work have been approved for:
 The Council Circular Letter No 3292
 The MSC and the MEPC MSC-MEPC.1/Circ.4/Rev.2
 The Legal Committee LEG.1/Circ.6
 The FAL Committee FAL.3/Circ.206

In the following the guidelines for the MSC/MEPC will be used as an example.
The guidelines for these two Committees cover the work of the Committees
themselves as well as the work of their subsidiary bodies (Sub-committees, Working
Groups, Drafting Groups and Correspondence Groups).
The provisions of these guidelines are aimed at achieving the following objectives:
 to align and strengthen the planning and reporting processes by more clearly
linking agenda setting and reporting to the Strategic Plan and High-level
Action Plan;
 to strengthen the linkage between the planned outputs and the resources
required to deliver the outputs;
 to facilitate the efforts of the Committees in controlling and monitoring the
organization’s work;
 to promote a greater understanding and assimilation of the interconnections
between the Strategic Plan and High-level Action Plan and the planned
outputs;
 to promote a new culture and discipline in adherence to the planning
procedures and Guidelines;
 to promote objectivity, clarity and realistic timeframes in the establishment of
biennial agendas by the Committees and their subsidiary bodies;
 to ensure maximum possible participation of all Member States and
organizations with observer status in the work of the Committees and their
subsidiary bodies;
 to establish responsibilities and promote involvement in the planning and
reporting processes of the organization.
It is essential that delegates to IMO meetings and those preparing submissions for
IMO meetings are thoroughly familiar with the guidelines. The guidelines are strictly
adhered to by the Secretariat and the Chairmen. Problems will arise for delegates
who do not follow the relevant guidelines.

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About the IMO

Three points of particular importance should be mentioned here:


 Submission of documents – beware of the deadlines.
 When submitting proposals for new work programme items (unplanned out-
comes) or proposals to amend mandatory instruments, full justification (‘com-
pelling need’) must be provided.
 Use the standard format (see Figure 3).

Working arrangements for Working and Correspondence Groups


Most of the technical work of the committees and sub-committees is done through
working groups (up to three per sub-committee), one or two drafting groups and/or
correspondence groups.
Working groups may start work on the morning of the first day of a meeting on the
basis of the draft terms of reference presented by the chairman of the committee or
sub-committee and usually should complete the work by Wednesday and present
their reports on Fridays. TOR may be amended by the plenary.
Correspondence groups may be established and instructed to work on the basis of a
consolidated draft text prepared by a "lead country" or the Secretariat. The commit-
tees and subsidiary bodies should not establish more than three correspondence
groups.

Meeting documents
A template for preparation of documents can be found on IMODOCS.
Documents made available at IMO 13 weeks and more before a session should
generally not be introduced in the plenary. Information documents and documents
that require no action should rather not be introduced in the plenary.
Documents containing proposed amendments to mandatory instruments should be
presented in a format which permits to clearly identify the modifications introduced
(e.g. use of underlined and strike-through text).
 In drafting recommendations, codes or guidelines, cross references may,
whenever possible, be made to texts and terminology previously developed by
IMO or other organizations and in due consultations with them.
Reports of the committees and their subsidiary bodies should contain under each
section:
 a summary of key documents and listing of other documents submitted;
 a summary of views expressed during consideration of an item, which may
have influenced the decision taken by the reporting body, and statements by
delegations should be included therein only at their expressed request during
the session; and
 a record of the decisions taken.

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About the IMO

To ensure that all documents are available in time before a session of a committee
or subsidiary body, the following should be observed:
 documents should not contain more than 50 pages. In the case of reports from
reporting groups and in other exceptional circumstances, this number of pages
may be exceeded, provided that the deadline for receipt by the Secretariat, is
put back by one week for every 20 pages;
 documents containing proposals for UOs should be received by the
Secretariat not later than 13 weeks before the opening of any session of the
committees;
 documents containing more than 6 pages of text (bulky documents) should be
received by the Secretariat not later than 13 weeks before the session;
 non-bulky documents should be received by the Secretariat not later than 9
weeks before the session;
 documents containing less than 4 pages and commenting on those documents
referred be-fore should be processed if received by the Secretariat not later
than 7 weeks before the session. These documents should start with a
paragraph clearly indicating the document on which comments are made.

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About the IMO

9 Checklist – Submissions
Be Aware
All documents submitted on behalf of IFSMA must go through and be approved by
both, the IFSMA Executive Council and the IFSMA Secretariat and follow the
standard format (see Figure 3).
If the subject of a submitted paper is on the agenda for the relevant meeting and is
not a proposal for a new work programme item (unplanned output) for a Sub-
committee, such proposals may be submitted directly to the Committee, or Sub-
committee.
If a submitted paper is not substantive or in response to another paper, it may be
submitted as an information paper, bearing in mind that information papers are not
formally considered.
On submitting a proposal for a new work programme (unplanned output) the
Committee Chairman will be guided by the strategic directions and high level actions
established in the IMO Strategic Plan and the High-level Action Plan. Any sub-
mission for an unplanned output by a NGO must be co-sponsored by a member
state and should contain information as follows:
1. IMO objectives: Provide evidence whether and how the proposal:
1. is within the scope of IMO objectives; and
2. is strictly related to the scope of the Strategic Plan
and contributes to the implementation of the High-
level actions established in the Strategic Plan.
2. (Compelling) need: Demonstrate and document:
1. the need for a proposed measure; and
2. the compelling need for a proposal for a new con-
vention or an amendment to an existing convention.
3. Analysis of the issue: Provide an analysis of the proposed measure, including
a plausible demonstration of its practicability, feasibility
and proportionality.
4. Analysis of implications: Provide an analysis of the implications of the proposal,
addressing the cost to the maritime industry as well as
the relevant legislative and administrative burdens.
5. Benefits: Provide evidence that the benefits vis-à-vis enhanced
maritime safety, maritime security or protection of the
marine environment expected to be derived from the
inclusion of the new item justify the proposed action.

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About the IMO

6. Industry standards: Provide information on whether adequate industry


standards exist or are being developed.
7. Output: Specify the intended output in SMART terms (specific,
measurable, achievable, realistic, time-bound). If a final
output cannot be specified in the submission for a pro-
posal for inclusion of an unplanned output, an interim
output to be produced before the end of the current two-
year period should be specified in SMART terms.
8. Priority/urgency: Provide, with reference to the current Strategic Plan
and High-level Action Plan, evidence on:
1. the urgency of the proposed unplanned output;
2. the date that the proposed unplanned output should
be completed; and
3. timescale needed for the IMO organ to complete the
work.
9. Action required: Specify the action required by the IMO organ.

Remember
 to use the standard format given in Figure 3;
 to meet the relevant deadline dependant on the type of submission and the
options contained within the agenda / invitation Circular.

Also remember
 you will require support from Member Governments for co-sponsoring your
submission on any new work items (unplanned output);
 lobby member states and the industry NGOs for support both on the sub-
mission and in the plenary as delegates who understand your position are
more likely to speak in support than those who do not have it within their brief.
 be prepared to introduce your submission during the session and, where
possible, have a written intervention available for the IMO secretariat.

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About the IMO

10 Guidance on meetings
All items on the agenda and relevant papers of the Committees and Sub-committees
are addressed in plenary and all decisions are made in the plenary after consi-
deration of any Working or Correspondence Group. No more than three Working
Groups and two Drafting Groups are allowed to be established during any session.
No more than three Correspondence Groups are to be established by each body.
Intercessional meetings need acceptance by the relevant Committee and must be
approved by the Council. Only the plenary is conducted in a number of languages
with interpreters.

Chairman
The Chairman and Vice Chairman of the Committees and Sub-committees are
elected by the member states and reconfirmed at each meeting. Chairmen of
Working or Drafting Groups are normally appointed by the IMO Secretariat. In
theory, the method of work of the Working Groups is the same as the plenary but
much of this is dependant on the Chairman.
The important detail to remember is that unlike the ILO, Non-Governmental
Organisations (NGOs) have no vote or power of veto.
The ability to make an intervention is at the discretion of the Chairman. Some
Chairmen will not allow an intervention by an NGO until every Member State who
requests to speak by raising their card has made their intervention (sometimes more
than once). Normally, whilst the Chair will give preference to the flag states, they will
accept interventions in the sequence of flags being raised. Any delegation may
request that their intervention is noted in the final report.
In Working and Drafting Groups it is usually less formal and all speakers have equal
input with the final outcome agreed by consensus of the entire group. This agreed
report to the plenary, in theory, should not then be contested by any who have taken
part, and it should be accepted without alteration by the Committee or Sub-
committee. However any comments made by delegations regarding the conclusions
can be entered in the report of the plenary.
A Working Group has more freedom, but only within the instructions given to it by the
plenary. If you are in doubt about your instructions – ask before leaving plenary!
Usually the task of a Working Group is to consider in detail issues of a more or less
technical nature and report back with specific proposals. In the ideal situation, such
proposals would have been accepted by all members of the group. In some cases,
Working Groups will be dealing with controversial or otherwise sensitive issues
where consensus cannot be reached.

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About the IMO

Sub-committees
The agendas of the Sub-committees are determined by relevant Committees and
some items appear on a number of Sub-committee agendas. Sub-committees gene-
rally are more technical groups and provide more specific technical consideration to
matters on the wider agenda of the Committees. Reports are sent to the Committees
usually with recommendations and Committees will assign the number of sessions
required and any further instructions based on its considerations.
Correspondence Groups may further consider issues between sessions of a body in
order to facilitate the work of that body.

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About the IMO

11 Practical information for IFSMA


delegates to IMO
Preparing yourself
IFSMA affiliates may join the IFSMA delegation or other Member State or NGO
delegations.
The IFSMA delegation would normally consist of:
 the IFSMA Accredited Representative to the IMO as Head of Delegation;
 any member of the IFSMA Executive Council;
 any representatives of the IFSMA affiliates as well as any IFSMA Individual
Members which have contacted the IFSMA Secretariat in advance and are
being registered to IMO by IFSMA to attend the specific IMO meeting as
Adviser.
All IFSMA delegates should make themselves aware of the IFSMA position and
policies by reading both, the Guidance for Delegates Representing IFSMA as well
as the Compilation of IFSMA Resolutions & Statements. Furthermore it is essen-
tial to read all documents prior to the meeting, highlighting everything of particular
interest. They should ensure that the IFSMA delegation is aware of their national
position on all relevant issues and, where possible, communicate and lobby for
support on the IFSMA position. Delegates speaking on behalf of the IFSMA should
ensure that they remain within the agreed parameters and understand fully the
IFSMA aims and goals as defined in the IFSMA Statutes & Bye-Laws.

Local transport to and from IMO


Buses 77 and 344 stop just in front of the IMO building and go to Vauxhall Station
where you will find a tube station (Victoria Line) to Victoria Station and continuing
north (Oxford Circus, etc). Bus 77 travelling in the opposite direction (bus stop on the
other side of Albert Embankment – the river side) goes to Waterloo Station.
Bus 3 stops in Lambeth Road just round the corner to your right when leaving the
IMO building. This bus goes north to Westminster, Trafalgar Square and on to
Oxford Circus, etc.
Bus C10 also stops in Lambeth Road (as Bus 3) and goes to Victoria Station via
Pimlico.
Bus 507 (only Monday to Friday and not in late the evening) stops on the opposite
side of the roundabout at Lambeth Bridge and goes (stop at the Lambeth Palace
side) to Victoria Station and (stop on the river side) to Waterloo Station.

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About the IMO

Registration
For those wishing to join the IFSMA delegation, remember to register well in
advance with the IFSMA Secretariat.
Because of new security measures in the IMO building, you are advised to arrive
early on the first day of the meeting. Register on arrival to receive your security pass.

Security Passes
A permanent security pass will be handed to you by security in the IMO lobby. The
pass should be visible at all times while you are in the building. The pass is used for
gaining entry beyond the security barriers in the foyer. You must keep the pass and
bring it with you to all subsequent meetings at the IMO. It will be reactivated by the
IMO staff based on your pre-registration.

Facilities in the IMO building


On the Ground Floor you will find the security desk, the main meeting room and the
documents desk.
The IMO no longer makes available meeting documents so delegates need to
download all papers they require prior to the meeting and bring them either as hard
copy or in an electronic format. Power and Internet connections are available in the
seating areas of the Plenary and Working Groups.
There is a manned desk where all documents issued during the meeting are placed
in pigeon holes according to the number indicated by one of your delegation on the
registration form.
On the First Floor you will find the Delegates’ Lounge. Here you can buy tea or
coffee during the official morning and afternoon breaks. You will also find a small
sales shop with various items carrying the IMO logo. On this floor you will find a
number of smaller (interior) meeting rooms. One room with Personal Computers and
Internet access and printers is also provided on this floor. The telephone exchange
and the fax room are also located on the First Floor.
On the Second Floor you will find two larger meeting rooms and a number of smaller
meeting rooms. A manned conference desk is available for assistance and practical
information.
On the Fourth Floor you will find the Restaurant.
Telephones are available to delegates on the Ground, First and Second Floors. You
can call direct (free) to the local area codes 0207 and 0208. Calls to other areas in
the United Kingdom as well as to overseas numbers must be ordered through the
telephone exchange (3515).
Faxes and letters for delegates will be brought to the delegation’s seats in the main
meeting room.

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About the IMO

Where to find the Secretariat offices


The Maritime Safety Division and the Marine Environment Division are located on
the Sixth Floor except for the STCW & Human Element Section, which is found on
the Third Floor.
The Legal Division is located on the Seventh Floor where you will also find the Office
of the Secretary-General.
The Technical Co-operation Division is located on the Fifth Floor.

Normal time schedule for meetings


Meetings normally start at 09:30 hrs and go on until 17:30 hrs with coffee/tea breaks
at 11:00-11:30 hrs and at 16:00-16:30 hrs. The lunch break is at 12:30-14:30 hrs.

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About the IMO

Fig 1: The IMO Secretariat

Secretary
General

Office of the
Secretary
General

Internal
Policy and
Oversight and
Planning
Ethics

Maritime Marine Technical


Administrative Conference
Safety Legal Division Environment Cooperation
Division Division
Division Division Division

Operational Marine
Protective
Safety and Technology and Implementation
Measures
Human Element Cargoes

Member States Maritime Office for


Audit and Impl. Security and LC/LP & Ocean
Support Facilitation Affairs

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About the IMO

Fig. 2: Revised Structure of IMO


Committees and Subcommittees

Assembly
A

Council
C

Maritime Marine Environ- Technical


Legal Facilitation
Safety ment Protection Cooperation
Committee Committee
Committee Committee Committee
LEG MSC FAL MEPC TC

Human Element, Polllution Ship Systems


Ship Design and
Training and Watch- Prevention and and
Communication
keeping Response Equipment
HTW SDC PPR SSE

Navigation, Commu- Carriage of


Implementation of
nication;, Search Cargoes and
IMO Instruments
and Rescue Containers
NCSR III CCC

New Sub-Committees Formerly

HTW Human Element, Training and Watchkeeping STW

SDC Ship Design and Construction DE, FP, SLF

NCSR Navigation, Communication and Search and Rescue COMSAR, NAV

PPR Pollution Prevention and Response BLG

SSE Ship Systems and Response DE, FP, SLF

III Implementation of IMO Instruments FSI

CCC Carriage of Cargoes and Containers DSC

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About the IMO

Fig. 3: Submission format

32
International Federation of Shipmasters’ Associations
202 Lambeth Road
London SE1 7JY United Kingdom
Phone: +44 20 7261 0450
Fax: +44 20 3468 2134
Email: [email protected]
Website: www.ifsma.org

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