IMO Good Notes
IMO Good Notes
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
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Table of Figures
Fig. 1: The IMO Secretariat …………………………………………………………… 30
Fig. 2: IMO Committees and Subcommittees …..…………………………………… 31
Fig. 3: Submission Format …………………………………………………………….. 32
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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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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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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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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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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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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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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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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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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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.
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Secretary
General
Office of the
Secretary
General
Internal
Policy and
Oversight and
Planning
Ethics
Operational Marine
Protective
Safety and Technology and Implementation
Measures
Human Element Cargoes
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Assembly
A
Council
C
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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