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Intlreg Regulatory Bulletin 2017 01 January 2017

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Intlreg Regulatory Bulletin 2017

This bulletin is published to serve as an aide-mémoire of recent regulatory changes in the international shipping industry. This bulletin provides information of regulatory changes adopted by the International Maritime Organization (IMO) with entry into force (or action dates)

dates from 1st January 2017 to 1st January 2018.

Further information on these regulations can be obtained from the resolution of the appropriate IMO body adopting the new requirements. These resolutions are available at IMO website.


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Convention / Regulation Amendments to SOLAS Regulations II-2/4.5 and II-2/11.6 - Secondary means of venting cargo tanks

Entry into force / applicable from

1 January 2017

Application New Tankers built on or after 1 July 2017

Reference IMO Resolution MSC. 392(95)

Summary:

Cargo tank venting arrangements in SOLAS Chapter II-2 have been revised for new oil tankers constructed on/after 1 January 2017 that will require secondary means of venting to allow full flow relief of cargo or inert gas vapors at all times including in the event of damage to or inadvertent closing of the primary venting. SOLAS regulations II-2/4.5, II-2/11.6.1, II-2/11.6.2, and II-2/11.6.3.2 amendments were proposed to clarify the provisions relating to the above. The amendments have been made to protect tanks in the event of a mechanical failure or inadvertent closure of the isolating valves or devices on the inert gas main/vent branch pipework. The changes mean that these ships must have an independent, secondary means of venting each tank. That is, a full flow pressure/vacuum (P/V) valve or pressure sensor that provides an alarm on detecting over-pressure or under-pressure. Please refer to IMO resolution MSC.392(95) for more details.

Implications:

To Ship Owners / Ship Managers To Flags & RO To Shipbuilders / Manufacturers

On new tankers constructed on or after 1 January 2017, full flow P/V valves will be required to be installed on each cargo and slop tank instead of the small volume flow breather valves; the P/V valves being considered the ‘secondary means.’ It should be noted that a pressure sensor is only acceptable as a secondary means if a full flow P/V valve is fitted as the primary means of venting for each cargo tank, as per the arrangement in SOLAS Regulation II-2/11.6.1.2.

Verify compliance.


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Convention / Regulation Amendments to SOLAS Regulation II-2/20 on ventilation systems in vehicle, special category and ro–ro spaces


1 January 2017

Application All Passenger and cargo ships New and Existing

Reference IMO Resolution MSC.392 (95)

Summary:

SOLAS amendments to regulations II-2/20.3.1.2.1 and II-2/20.3.1.2.2 were proposed at MSC 95 to introduce air quality management for the ventilation of closed vehicle spaces, closed ro-ro and special category spaces together with proposed draft amendments to design guidelines and operational recommendations for ventilation systems in ro-ro cargo spaces (MSC/Circ.729).

As mentioned above, the draft amendments update paragraph 3.1.2 Performance of ventilation systems. On passenger ships, the ventilation system should give at least the number of air changes required (10 air changes per hour), except when an air quality is provided. On cargo ships, the ventilation fans should normally be run continuously and give at least the number of air changes required (6 per hour) whenever vehicles are on onboard, except where an air quality system is provided.

MSC 95 also approved circular MSC.1/Circ.1515 on Revised design guidelines and operational recommendations for ventilation systems in ro-ro cargo spaces. The revised circular supersedes MSC/Circ.729.

SOLAS regulation II-2/20 is applicable for all passenger and cargo ships as detailed in the regulation (new and existing) regardless of whether an air quality management system has been installed.

Please refer to IMO resolution MSC.392 (95) and MSC.1/Circ.1515 for more details.

Implications:


The amendments introduce the option for vessels to be fitted with an automated system to control air quality in ro-ro cargo holds by analyzing the hold atmosphere and varying the ventilation rate accordingly. The air quality control system should comply with the revised design guidelines and operational recommendations for ventilation systems in ro-ro cargo spaces contained in MSC.1/Circ. 1515.

Verify compliance


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Convention / Regulation New mandatory International Code for Ships Operating in Polar Waters (Polar Code)


1 January 2017

Application All SOLAS ships operating in POLAR waters

Reference IMO Resolution MSC.385(94), MSC.386(94), MEPC.264(68) & MEPC.265(68)

Summary:

IMO has adopted the International Code for Ships Operating in Polar Waters (Polar Code) and related amendments to make it mandatory under both the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). The Polar Code entered into force on 1 January 2017. This marks an historic milestone in the Organization’s work to protect ships and people aboard them, both seafarers and passengers, in the harsh environment of the waters surrounding the two poles.

The Polar Code and SOLAS amendments were adopted during the 94th session of IMO’s Maritime Safety Committee (MSC), in November 2014; the environmental provisions and MARPOL amendments were adopted during the 68th session of the Marine Environment Protection Committee (MEPC) in May 2015. The new chapter XIV of SOLAS makes compliance with the related Polar Code mandatory. There are related amendments to MARPOL Annexes I, II, IV and V.

The Polar Code covers all aspects of ship safety and is additional to SOLAS. Ships to which this new chapter applies will have to meet SOLAS as well as the Polar Code. The Polar Code includes requirements for the following areas:

– Polar water operational manual – Ship structure – Subdivision and stability – Watertight and weathertight integrity – Machinery – Fire safety and protection – Life saving appliances and arrangements – Navigation – Communication – Voyage planning – Manning and training.

The Polar Code is goal based to allow the use of innovation to meet the requirements. Mandatory regulation is contained in section A with supporting non-mandatory guidance in section B. Ice class notation may not be required depending on the intended area of operation, but operational limitations will be imposed to mitigate operation in waters where ice is likely to be present.

http://www.imo.org/en/MediaCentre/PressBriefings/Pages/02-Polar-Code.aspx


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Amendments to MARPOL to make the Polar Code mandatory were adopted at MEPC 68. The Polar Code Part II has requirements covering the following MARPOL related matters:

Prevention of oil pollution (MARPOL Annex I)

Prevention of pollution from noxious liquid substances (MARPOL Annex II)

Prevention of pollution by sewage from ships (MARPOL Annex IV)

Prevention of pollution by garbage (MARPOL Annex V) The new requirements will be applicable to all ships which have SOLAS certificates, including HSC, and which operate in polar waters. Ships constructed on or after 1 January 2017 will have to comply with the full Polar Code requirements from build. Ships constructed before 1 January 2017 will have to comply with the relevant requirements of the Polar Code by the first intermediate or renewal survey after 1 January 2018. Ships which do not operate in polar waters will not have to comply with the requirements of the code.

Please refer to IMO resolution IMO Resolution MSC.385(94), MSC.386(94), MEPC.264(68), MEPC.265(68) & Resolution A.1024(26) - Guidelines for ships operating in polar waters for more details.

Implications:


All ships (new and existing) which intend to operate in the polar areas (as defined) will have to be assessed for compliance with the Polar Code and a polar certificate issued. Depending on the dates and areas of operation additional equipment suitable for use in low temperatures will be required. Ships intending to operate in waters with ice cover will be expected to have some ice strengthening. Those undertaking regular trips to the polar regions should start making an assessment as soon as possible and should ensure that all equipment is suitable for low temperature use. It will be possible for ships which only undertake a single one--off voyage in summer in ice-free waters to be issued with a polar certificate without survey, but an assessment will still have to be undertaken.

To ensure compliance.


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Convention / Regulation International code of safety for ships using gases or other low flash point fuels (IGF Code)

Entry into force / applicable from 1 January 2017

Application All SOLAS ships using low-flashpoint fuels except those regulated by the IGC Code

Reference IMO Resolution MSC.391(95)

Summary:

Maritime Safety Committee (MSC) adopted amendments to SOLAS Chapter II-1 Part G and the code of safety for ships using gases or other low-flashpoint fuels, IGF Code resolution MSC.391(95). The codes mandatory provisions will enter into force on 1 January 2017 and will apply to new cargo ships ≥ 500 GT and passenger ships using regular fuel:

With a building contract placed on or after 1 January 2017 or

In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 July 2017 or

Regardless of the building contract or keel laying date, the delivery is on or after 1 January 2021. The International Code of Safety for ships using gases or other low-flash point fuel (IGF Code) was adopted by MSC 95, along with amendments to make the Code mandatory under the International Convention for the Safety of Life at Sea (SOLAS). The IGF code replaces the Interim guidelines on safety for Natural Gas-fueled engine installations in Ships (MSC.285(86)). The IGF Code provides mandatory provisions for the arrangement, installation, control and monitoring of machinery, equipment and systems

using low flashpoint fuels, such as liquefied natural gas (LNG). The purpose of this is to minimize the risk to the ship, its crew and the

environment. The Code addresses all areas that need special consideration for the usage of low flashpoint fuels, based on a goal-based

approach, with goals and functional requirements specified for each section forming the basis for the design, construction and operation of

ships using this type of fuel.

The IGF code will be mandatory from 1 January 2017 and has resulted in amendments to the SOLAS Convention as follows:

Regulation II-1/56 on application (intend to apply ships including those contracted prior to the entry into force date)

Regulation II-2/4

Form of certificate – there will not be a separate IGF certificate The IGF Code does not apply to cargo ships of less than 500 GT, but the provisions of the IGF Code could be applied to such ships on a

voluntary basis.


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Implications:


There are several safety related aspects that affect design and construction of such ships including the concept of emergency shutdown arrangements, secondary containment, and the location of low flashpoint fuel storage tanks.

Ensure compliance. There are several safety related aspects that affect design and building of such ships including the concept of emergency shutdown arrangements and the location of low flash point fuel storage tanks.


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Convention / Regulation IMSBC Code (03-15) Amendments


Application All SOLAS ships carrying solid bulk cargoes other than grain


Summary:

The IMSBC code, adopted on 4 December 2008 by resolution MSC.268(85), entered into force on 1 January 2011, from which date it was made mandatory under the provisions of the SOLAS Convention. The code was amended by resolution MSC.318(89), incorporating amendment 01-11, by resolution MSC.354(92), incorporating amendment 02-13, and most recently by resolution MSC.393(95), incorporating amendment 03-15, which officially enter into force on 1 January 2017.

The IMSBC Code is subject to updates every two years to reflect changes in the nature and variety of solid bulk cargoes presented for shipment, and advances in expert understanding regarding the safest way to carry established solid bulk cargoes.

To keep pace with the expansion and progress of industry in recent years, the Code has undergone many changes including:

Fully updated individual schedules for solid bulk cargoes

New individual schedules for such cargoes as aluminum fluoride, amorphous sodium silicate lumps, boric acid, chemical gypsum, copper slag, glass cullet, iron and steel slag and its mixture iron ore fines, iron oxide technical, iron sinter, manganese component ferroalloy slag, manganese ore fines, scale generated from the iron and steel making process, spodumnene(upgraded), wood pellets containing and not containing additives and/or binders, zinc slag, and zircon kyanite concentrate

References to the most recent SOLAS amendments

Updated information from the latest edition of the IMDG code

The new set of amendments (03-15), adopted by MSC 95, are voluntarily applied from 1 January 2016 and mandatorily from 1 January 2017. The amendments include a new schedule for Iron Ore fines (Group A - cargo that may liquefy) and new test procedure for determining the Transportable Moisture Limit (TML) of Iron Ore fines.

A recommendatory, new Section 14 - Prevention of pollution by cargo residues from ships is included in the 03-15 amendments. This section addresses the classification of solid bulk cargoes as harmful to the marine environment (HME) and the prohibition of their discharge at sea. A recommendatory new paragraph in Section 4 asks Shippers to classify and declare whether a solid bulk cargo is an HME or non-HME. The criteria for the classification are found in the 2012 Guidelines for the implementation of MARPOL Annex V (resolution MEPC.219(63)).However, the classification and declaration requirement is expected to become mandatory at the next set of IMSBC Code amendments (04-17) in order to facilitate the Implementation of the relevant MARPOL Annex V requirements.


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Please refer to IMO resolution IMO Resolution MSC.393(95) for more details.

Implications:


Ship Managers should be aware of the new changes and advise their Masters accordingly.

New and amended schedules provide specific requirements for solid bulk cargoes intended to be carried. New test procedures to determine and verify the TML (Transportable Moisture Limit) are included specifically for Iron Ore fines.


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Convention / Regulation Amendments to the STCW Convention, 1978 (Part A) and the STCW Code (Part B) related to the International code of safety for ships using gases or other low-flashpoint fuels (IGF Code)


Application All SOLAS ships using gas or other low flash point fuels other that those regulated by IGC Code

Reference IMO Resolution MSC.396(95) & MSC.397(95)

Summary:

The MSC adopted the International Code of Safety for ships using Gases or other low-flash point fuels (IGF code), along with amendments to make the code mandatory under the international Convention for the Safety Of Life At Sea (SOLAS). International Convention on Standards of Training, Certification and Watchkeeping for seafarers (STCW code), 1978 was adopted on 7 July 1978 came into force in 1984. Later IMO amended STCW code in 1995 and in 2010. The 2010 Manila amendments came into force on 1 January 2012. However, there is a five-year transition period, until 1 January 2017, to allow for phased in implementation of the provisions. After January 2017, all seafarers are required to meet STCW 2010 standards. Considering the new IGF code, changes were required which were prepared as amendments to the STCW Convention and part A and part B of the STCW Code and STCW circular.

The amendments were adopted at MSC 95 and concern the mandatory minimum requirements for the training and qualifications of Masters, Officers, Ratings and other personnel on ships subject to the IGF Code. A certificate of basic training shall be required for seafarers responsible for designated safety duties associated with the care, use or in emergency response to the fuel on board such ships. However, seafarers who have been qualified and certified per regulation V/1-2, paragraphs 2 and 5, or regulation V/1-2, paragraphs 4 and 5 on liquefied gas tankers, are to be considered as having met the requirements specified in section A-V/3, paragraph 1 for basic training for service these ships.

Masters, engineer Officers and all personnel with immediate responsibility for the care and use of fuels and fuel systems on ships subject to the IGF Code shall hold a certificate in advanced training for service on these ships. Liquefied tanker experience again may be sufficient provided it meets the provisions of the convention. These amendments applicable to all ships using gas or other low flash point fuels, except for those regulated by the IGC Code.

Implications:


The amendments will have a significant impact as they will require additional certification and training with refreshing requirements.

To ensure compliance


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Convention / Regulation Draft amendments to MARPOL Annex I Regulation 12


Application All SOLAS ships of 400 gt and above

Reference IMO Resolution MSC.396(95) & MSC.397(95)

Summary:

MEPC adopted amendments to regulation 12 of MARPOL Annex I, concerning tanks for Oil residues(sludge) through resolution MEPC.266(68) adopted on 15 May 2015 and enter into force on 1 January 2017.

The amendments update and revise the regulation, expanding on the requirements for discharge connections and piping to ensure oil residues are properly disposed of. The amendments address all the issues previously addressed by various parties. It further addresses clarification on other means of disposal such as via approved methods (incinerator, auxiliary boiler suitable for burning oil residue etc.). The amendment also addresses common piping arrangements.

These amendments applicable to all ships of 400 GT and above. It is to be noted though that regulation 12.3.4 need only be applied as far as reasonable and practicable for ships delivered on or before 31 December 1979, as defined in regulation 1.28.1. Ships constructed before 1 January 2017 shall be arranged to comply with regulation 12.3.3 not later than the first renewal survey carried out on or after 1 January 2017.

Implications:


Ship-owners need to examine the position of their flag Administration as some flag Administrations indicated retroactive re-arrangements prior to the above developments.

Owing to the resolution MEPC.187(59), some ships were considering retroactive re-arrangement of bilge pipelines which is now clarified as not necessary.


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Convention / Regulation 2014 Amendments to the Maritime Labor Convention, 2006


Application All Ships

Reference ILO – 2014 MLC-2006 Amendments

Summary:

The 2014 amendments to the Maritime Labor Convention (MLC), 2006 which relate to financial security of seafarers in cases of abandonment (Reg 2.5), and contractual claims for compensation in the event of a seafarer’s death or long term disability due to an operational injury, illness or hazard (Reg 4.2) will enter into force on 18 January 2017. A copy of 2014 MLC amendments is available at www.ilo.org. As of 18 January 2017, each ship must carry on board a certificate or other documentary evidence of financial security to comply with these new provisions. Information regarding contents of the certificate or other documentary evidence is provided in the new Appendix A2-1 and A4-1. Ship owners should amend the DMLC Part II once the relevant flag State has re-issued the DMLC part I to address these new MLC provisions. This should be done at the earliest opportunity, but no later than the first MLC Renewal Inspection due after 18 January 2017 at which time these new provisions will be verified. Amendments to the MLC 2006 relate to

provision of financial security are:

Regulation 2.5 - repatriation of seafarers following abandonment by the ship-owner; and

Regulation 4.2 - Ship owners’ liability and provision of a system of financial security to assure compensation for contractual claims following the death or disability of a seafarer.

These amendments applicable to all ships engaged in commercial trade, except warships, fishing vessels, ships navigate exclusively in inland waters or sheltered waters.

Implications:


Appropriate financial security must be provided. The amendments will require that a financial security system is in place to ensure that Ship-owners ensure compensation to seafarers and their families in the event of abandonment, death or long-term disability of seafarers due to an occupational injury, illness or hazard. Mandatory certificates and other evidentiary documents will be required to be carried on board to establish that the financial security system is in place to protect the seafarers working on board.

To Ensure compliance

http://www.ilo.org/


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Convention / Regulation Amendments to MARPOL Annex II- Appendix I- Guidelines for the categorization of noxious liquid substances

Entry into force / applicable from 1 September 2017

Application All ships certified to carry noxious liquid substances in bulk

Reference IMO Resolution MEPC.270(69)

Summary:

MEPC 69 adopted a set of amendments to MARPOL Annex II related to the revised GESAMP Hazard Evaluation Procedure. These are consequential amendments following the revision of chapter 21 of the IBC Code.

The amendments were adopted at MEPC 69 and serve as editorial alignment with the referenced document. These amendments applicable to ships certified to carry noxious liquid substances in bulk.

Implications:


No direct impact to the industry


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Convention / Regulation MARPOL Amendments to Regulation 13 Annex VI (Record requirements for operational compliance with NOx Tier III emission control areas)


Application For Ships subject to MARPOL Annex VI regulation 13 and are constructed on or after 1 January 2016


Summary:

There have been discussions on how to record changeover of the engine operation mode (Tier II from/to III). During MEPC 68 a mutually acceptable wording was agreed, which is to be inserted as new requirement 13.5.3 of MARPOL Annex VI, consequently, the proposed new paragraph 6.1.2 will not be inserted into the NOx Technical Code. A new paragraph is added after existing paragraph 5.2, as follows:

“5.3 The tier and on/off status of marine diesel engines installed onboard a ship to which paragraph 5.1 of this regulation applies which are certified to both Tier II and Tier III or which are certified to Tier II only shall be recorded in such log books as prescribed by the Administration at entry into and exit from an emission control area designated under paragraph 6 of this regulation, or when the on/off status changes within such an area, together with the date, time and position of the ship.

The proposed amendment was subsequently adopted by MEPC 69. These amendments applicable to ships subject to MARPOL Annex VI regulation 13 which will be operating in ECAs in America (North American and US Caribbean Sea) and are constructed on or after 1 January 2016.

Implications:


As this is a record making (operational) requirement, there will be no impact on ship/equipment design and approval/certification. However, there may be differences of the requirement among flag States which might cause confusion during port State control inspections.


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Convention / Regulation Amendments to the NOx Technical Code 2008


Application Ships with engines installed on or after 1 September 2017


Summary:

MEPC 69 adopted a set of amendments to the NOx Technical Code. These amendments consist of the following two elements explained below and on . 1. Facilitate the testing of gas-fueled engines (Engines fueled solely by gaseous fuels) While MEPC 67 adopted amendments to MARPOL Annex VI regarding engines solely fueled by gaseous fuels by Resolution MEPC.258(67), which will enter force on 1 March 2016, there were proposals on the consequential changes to the NOx Technical Code. Amendments to the NOx Technical Code were agreed. This included identifying a potential safety issue regarding the use of zirconium oxide analysers. A new paragraph 6.1.2 was developed to provide requirements for logging switching between Tier II and Tier III operation when entering and leaving an ECA-NOx. These amendments will apply to engines designed or intended for installation on or after the entry into force date of 1 September 2017.

Implications:


Gas engines are subject to the same emissions certification as oil and dual fuel engines. Further training might be needed on how the NOx Technical Code relates to gas and dual fuel engines. Operators planning to use gas engines will face some operational challenges once gas engines need to be certificated and have a technical file particularly with regards to buying spare parts.


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Convention / Regulation Amendments to the NOx Technical Code 2008


Application Ships with diesel engines with a power output more than 130kW installed, or designed and intended for installation, on or after 1 September 2017


Summary:

MEPC 69 adopted a set of amendments to the NOx Technical Code. Following is the second amendment as mentioned above.

2. Use of dual fuel engines as a Tier III NOx control strategy There were concerns expressed at MEPC 67 that neither MARPOL Annex VI nor the NOx Technical Code 2008 contained a definition of "dual-fuel". A new paragraph 6.1.2 for insertion into the NOx Technical Code was adopted at MEPC 69. Each marine diesel engine with a power output of more than 130 kW installed, or designed and intended for installation, on a ship subject to regulation 13 of MARPOL Annex VI, on or after 1 September 2017.

Implications:


This amendment provides clarification on the status of “dual fuel engine” which should help with the implementation of the NOx Technical Code and engine certification.


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Convention / Regulation Ballast Water Management Convention


Application All Ships and Offshore Structures that load and discharge ballast water

Reference 2004 BWM Convention

Summary:

Invasive aquatic species present a major threat to the marine ecosystems, and shipping has been identified as a major pathway for introducing species to new environments. The problem increased as trade and traffic volume expanded over the last few decades, and in particular with the introduction of steel hulls, allowing vessels to use water instead of solid materials as ballast. The effects of the introduction of new species have in many areas of the world been devastating. Quantitative data show the rate of bio-invasions is continuing to increase at an alarming rate. As the volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak. However, the Ballast Water Management Convention, adopted in 2004, aims to prevent the spread of harmful aquatic organisms from one region to another, by establishing standards and procedures for the management and control of ships' ballast water and sediments. The problem of the transfer of harmful aquatic organisms via ships ballast water was first raised at IMO in 1988 and since then the Marine Environment Protection Committee (MEPC) has been dealing with the issue, focusing initially on the development of guidelines and then on developing a new Convention. The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention) was adopted on 13 February 2004. The BWM Convention will enter into force 12 months after ratification by 30 States, representing 35% of world merchant shipping tonnage. The condition was met on 8 September 2016 by the ratification by Finland. The IMO has published a list of relevant guidelines and guidance documents related to the implementation of the BWM Convention. On entry into force, the BWM Convention will require ships to manage their ballast water and sediment. Initially this may be by either exchanging ballast on every voyage or by treating ballast using an approved ballast water treatment system. Subsequently, only ballast water treatment will be accepted. By 8 September 2017, all ships (i.e. vessels of any type operating in the aquatic environment, including submersibles, floating craft, floating platforms, floating storage units (FSUs) and floating production, storage and offloading (FPSO) units) will be required to:

• Have an approved ballast water management plan on board, • Maintain a ballast water record book, • Manage their ballast water on every voyage by performing ballast water exchange (or by treating it using an approved ballast water treatment system),


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• Undertake an initial survey and be issued with an International Ballast Water Management Certificate (for ships of 400 gross tonnage and above

to which the Convention applies, excluding floating platforms, FSUs and FPSOs). Ships that are registered with flag administrations that are not yet a party to the Convention will need to demonstrate compliance and may wish to undergo surveys and be issued with a document of compliance, and

• By the date indicated below, ships are to install ballast water treatment system on board and put them into operation. Once the Convention enters into force, it will apply to all ships and offshore structures that load and discharge ballast as follows: All ships will be required to manage ballast water and sediment, have an onboard approved ballast water management plan, maintain a ballast water record book and hold a valid ballast water management certificate. Initially, existing ships (and those under construction at the time that the Convention enters into force) may comply by either exchanging ballast on every voyage or by treating ballast to comply with the D-2 discharge standard. IMO Assembly 28 adopted a resolution (A.1088(22)) recommending a revised schedule for when existing ships (and ships under construction at the time the Convention enters into force) will have to treat ballast water (i.e. when exchange will no longer be permitted). This is based on the ship’s ballast water capacity, date of construction and IOPP renewal survey (not the renewal survey associated with the International Ballast Water Management Certificate), and is shown in the table below. Ships constructed after the entry into force of the Convention will have to treat ballast water from delivery. All ships over 400 GT will be required to be surveyed and issued with a ballast water management certificate valid for 5 years, subject to annual and intermediate surveys. Administrations are responsible for specifying the certification regime for ships less than 400 GT. Exemptions:

1. Exemptions may be granted to ships on voyages between specified ports or locations; or to ships which operate exclusively between specified ports or locations; 2. Such exemptions will be

2.1. Effective for a period of no more than five years, subject to intermediate review; 2.2. Granted to ships that do not mix ballast water or sediments, other than between the ports or locations specified in 1 above; and 2.3. Granted based on the Guidelines on risk assessment in accordance with MEPC.162(56). 2.4. However it should be noted that the exemptions can be withdrawn at any time by the issuing administrations.

Exceptions: The requirements of the Convention do not apply to vessels which uptake or discharge ballast water and sediments in exceptional circumstances such as:

1. A ship in emergency situations or saving life at sea. 2. A damaged ship or a ship with damaged equipment. 3. A ship which is trying to avoid or minimize pollution. 4. A ship which uptakes and subsequent discharge on the high seas of the same ballast water or sediments. 5. A ship at the same location where no mixing has occurred.


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Equivalent compliance: Administrations are responsible for determining whether the requirements of the Convention apply to pleasure craft used solely for recreation or competition or craft used primarily for search and rescue, less than 50 meters in length overall, and with a maximum ballast water capacity of 8 cubic meters. The compliance schedule for when ships will be required to install and use a treatment system is as follows:

New ships – Compliance on delivery for ships constructed on or after entry into force. Existing ships – Compliance by first IOPP renewal survey on or after entry into force.

A treatment system is required to be fitted to vessels that carry out an IOPP renewal survey on or after 8 September 2017. The IOPP renewal survey refers to the renewal survey associated with the IOPP Certificate required under MARPOL Annex I.

Implications:


To ensure compliance on delivery for ships constructed on or after entry into force, for new ships. To ensure compliance by first IOPP renewal survey on or after entry into force, for existing ships.

Certify and approve related documentation as per the guidelines


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Convention / Regulation Amendments to the ESP Code


Application Bulk Carriers and Tankers


Summary:

The International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers (ESP Code) is based on IACS Unified Requirements UR Z10.1, UR Z10.2, UR Z10.4 and UR Z10.5. As the IACS documents get updated so the ESP Code requires updating to keep them in line with each other. These amendments update the ESP Code to make reference to the new resolution A.1050(27) which is also concerned with enclosed space entry. These amendments will help ensure harmonization between the IMO and IACS requirements and applicable to Bulk Carriers and Oil Tankers. .

Implications:


These amendments will help ensure harmonization between the IMO and IACS requirements.


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Convention / Regulation Amendments 38-16 to the International Maritime Dangerous Goods (IMDG) Code


Application All ships covered by IMDG Code


Summary:

The IMDG Code amendments 38-16 includes revisions to various sections of the code and to transport requirements for specific substances. It was adopted by IMO’s Maritime Safety Committee (MSC) at its ninety-sixth session in May 2016. Amendment 38-16 of the code is mandatory as from 1 January 2018 but may be applied by Administrations in whole or part on a voluntary basis from 1 January 2017. Amendments 38-16 were adopted by MSC 96 and some of the issues they handle are:

– New special provisions for the marine transport of vehicles, engines and machinery fitted with lithium batteries; – Revision of the requirements for placarding containers to ensure durability for three months marine voyage; – New sections defining gases, flammable liquids, toxic substances, and corrosives that are not accepted for transport; and – New criteria and documentation requirements for assigning fireworks to hazard divisions.

These amendments applicable to all ships intending to carry dangerous goods and marine pollutants in packaged form, which are covered by the IMDG Code. The amendments can be applied on a voluntary basis from 1 January 2017 and enter into force as mandatory on 1 January 2018.

Implications:


Ship-owners and Ship Managers of ships carrying dangerous goods must be familiar with the developments on the IMDG Code.


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Convention / Regulation Amendments to Standard 2.8.1 and FAL Form 7 of the FAL Convention – Dangerous Goods Manifest


Application All ships covered by IMDG Code

Reference IMO Resolution FAL.12(40)

Summary:

Information on dangerous goods and marine pollutants carried onboard and their location must be listed in a special list or manifest, as per SOLAS Ch. VII, MARPOL Annex III and IMDG Code requirement. The IMO FAL Form 7 serves this requirement. It has been recommended that the Form is revised to align with the IMDG requirements. Dangerous Goods Manifest amendments, Standard 2.8.1 and the relevant Form 7 of the FAL Convention were adopted by FAL 40 to align the Convention with the IMDG Code consignment documentation requirements. Also, request for personal information of the Master has now been deleted, since the Master's name and signature are not required by the IMDG Code or SOLAS. Additional information related to FAL Form 7 in order to assist users is under development and will be found in the Explanatory Manual to the FAL Convention (non-mandatory part). FAL 41 (April 2017) is expected to agree on the draft amendments. These amendments applicable to all ships intended to carry dangerous goods and marine pollutants in packaged form, which are covered by the IMDG code.

Implications:


Users of the Dangerous Goods Manifest (Masters, Ship Owners and Ship Managers, and port state authorities) will be benefited by the alignment with the IMDG Code and clarifications on the correct completion of the Form.

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