Rules+and+Regulations+update

The Maritime Safety Committee (MSC) held its 85th session from 26 November to 5 December 2008 at which it made several important decisions.

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International Code on Intact Stability 2008 (2008 IS Code)
The Code was adopted by res. MSC.267(85) and will be implemented by amendments to SOLAS and the Load Line Convention. It enters into force on 1 July 2010. The practical consequences will be limited as most ships have been designed according to recommendations containing the same requirements. Explanatory Notes to the Code were also approved and issued as MSC.1/Circ.1281.

International Maritime Solid Bulk Cargoes (IMSBC) Code
The BC Code, the IMO’s Code of Safe Practice for Solid Bulk Cargoes, will be replaced by the mandatory IMSBC Code adopted by res. MSC.268(85). The IMSBC Code will be implemented by amendments to SOLAS and enter into force on 1 January 2011 (res. MSC.269(85) Annex 2).

The provisions of the IMSBC Code may be applied on a voluntary basis by national authorities as from 1 January 2009, pending the entry into force on 1 January 2011.

For owners of vessels with DNV class there will hardly be any noticeable changes resulting from the new Code. This is due to the fact that DNV has already treated the BC Code as being mandatory for some years. However, the wording will be changed with respect to the issuance of Statements of Compliance (SOCs) and Documents of Compliance (DOCs). More importantly; ships may expect more frequent Port State Controls of this subject due to the mandatory nature of the Code.

LSA Code
The revised LSA Code, adopted by res. MSC.272(85), will, as from 1 July 2010, apply 82.5 kg as the average weight of persons for the prototype testing of lifeboats intended for cargo ships, free-fall lifeboats and rescue boats.
When adopting the amendment to the LSA Code, the MSC agreed that the amendment should only apply to equipment installed on new ships. However, regarding the installation of such equipment on existing ships, the MSC considered that the matter was adequately addressed by the principle in SOLAS regulation III/1.4.2.

ISM Code
The revised ISM Code, adopted by res. MSC.273(85), will from 1 July 2010 stipulate stronger and mandatory requirements for a company to identify and assess risks and on this basis establish appropriate plans and instructions. The company will from the same date also be required to perform internal audits at least annually (Section 12.1).

LRIT-related matters
The MSC agreed, in principle, to retain the date of 1 January 2009 for the entry into force of the new LRIT provisions. The report of the meeting ‘urges’ Contracting Governments to provide their Recognized Organizations with appropriate instructions and guidance in relation to the implementation of the new LRIT provisions as soon as possible.

Solas definition of the term Bulk Carrier As instructed by the Maritime Safety Committee (MSC) at its 84th session, an Intersessional Working Group met in November 2008 to develop an interpretation of the SOLAS definition of the term “bulk carrier”.

The report of the Working Group (MSC 85/7/3) was approved by the MSC. The MSC also adopted the resolution MSC.277(85) on Clarification of the term “bulk carrier” and Guidance for application of regulations in SOLAS to ships which occasionally carry dry cargoes in bulk and are not determined as bulk carriers in accordance with regulation XII/1.1 and chapter II-1 and instructed the FSI Sub Committee to include the above resolution in its guidance for PSC officers.

In particular, it should be noted that the Guidance that has been developed covers new ships only, and the MSC resolution is non-mandatory. Nevertheless governments are urged to apply the operational measures (paragraph 1.1 of the Guidance) to ships with keel laying on or after 1 January 2009 and the structural requirements (paragraph 1.2 of the Guidance) to ships with keel laying on or after 1 July 2010.
Some MSC - were concerned that the resolution is non-mandatory. Mandatory uniform application and entry-into-force can only be established by means of an amendment to the SOLAS Convention. The member governments were invited to submit relevant proposals for a new work programme item for consideration by the Committee at the next MSC meeting in May 2009.


Guidance
Regarding the exclusion of specific types of cargoes carried on dedicated ship types for the purpose of determining ship type and thus avoiding the inappropriate application of provisions in SOLAS, the risks connected with the transport, loading and unloading of such cargoes are taken into account. The excluded cargoes carried in bulk are 1. woodchips and 2. cement, fly ash and sugar. (See paragraph 1.5 of the Guidance)

Ships which are not defined as bulk carriers are permitted to occasionally carry dry cargo in bulk provided: (see paragraph 1.6 of the Guidance)
1. they are of double-side skin construction
2. the freeboard assigned is type B without reduced freeboard, and
3. they comply with the following SOLAS regulations as applicable to bulk carriers:

  • Regulation II-1/3-2.2 - Protective coating of dedicated seawater ballast tanks and double-side skin spaces

  • Regulation XII/6.2, 6.3 and 6.4 - Structural and other requirements for bulk carriers

  • Regulation XII/10 - Solid bulk cargo density declaration

  • Regulation XII/11 - Loading instrument

  • Regulation XII/12 - Hold, ballast and dry space water ingress alarms

  • Regulation XII/13 - Availability of pumping systems

  • Smaller ships of less than 100m in length and of single-side skin construction are permitted to occasionally carry dry cargoes in bulk provided: (see paragraph 1.7 of the Guidance)
    1. the freeboard assigned is type B without reduced freeboard, and
    2. they comply with the following SOLAS regulations applicable to bulk carriers:

  • Regulation XII/11 - Loading instruments

  • Regulation XII/12 - Hold, ballast and dry space water ingress alarms

  • Regulation XII/13 - Availability of pumping systems

The Guidance states that flag states should issue ships falling under the provisions of paragraphs 1.5, 1.6 or 1.7 with a statement attesting to the application of this resolution.

For additional information:
sverre.j.dahl@dnv.com



The Marine Environmental Protection Committee (MEPC) held its 58th session from 6 to 10 October 2008 and made several important decisions

Harmful aquatic organisms in ballast water
The MEPC adopted Guidelines for ballast water sampling and Revised guidelines for approval of ballast water management systems, intended to assist in the effective implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention). One final set of guidelines, on port state controls, is being developed by the IMO's Sub Committee on Flag State Implementation and is to be adopted before the Convention's entry into force.

Recycling of ships
The draft text of the International Convention for the Safe and Environmentally Sound Recycling of Ships was further developed. However, several issues are still not finalised and will be left for the diplomatic conference in Hong Kong in May 2009 to decide.

Prevention of air pollution from ships
The discussions on greenhouse gas (GHG) emissions continued relating to issues and market based instruments (MBI), Energy Efficiency Design and Operational indexes. However, no conclusions were drawn and discussions on application, regulation and implementation issues were deferred to MEPC 59 (July 2009).

MARPOL Annex VI and NOx Technical Code 2008
The MEPC unanimously adopted amendments to MARPOL Annex VI and the NOx Technical Code regulations to further reduce harmful emissions from ships. These will enter into force on 1 July 2010.

Global SOx reductions
The main changes to MARPOL Annex VI are the gradual reduction in the sulphur oxide (SOx) content in fuel oil to facilitate reduced SOx emissions from ships by lowering the global sulphur content limit from the current 4.50% to:
- 3.50% effective from 1 January 2012;
- 0.50% effective from 1 January 2020 (subject to a feasibility review to be completed no later than 2018).

It was also agreed that gas fuels such as LNG, CNG and LPG will be exempted from the requirements related to MARPOL samples and Bunker Delivery Notes in Regulation 18. However the sulphur content of gas fuels delivered to a ship specifically for combustion purposes on board that ship is to be documented by the supplier.

Sulphur Emission Control Areas
The limits applicable in Sulphur Emission Control Areas (SECAs) will be gradually reduced from the current 1.50% limit to:
- 1.00% effective from 1 July 2010
- 0.10% effective from 1 January 2015.
The revised Annex VI will allow for an Emission Control Area to be designated for SOx and particulate matter, or NOx, or for all three types of emissions from ships.

NOx emissions from marine engines
More stringent requirements for nitrogen oxide (NOx) emissions from marine engines were also agreed in order to facilitate reduced NOx emissions from ships, with the most stringent controls on so-called "Tier III" engines, i.e. those installed on ships constructed on or after 1 January 2016 and operating in Emission Control Areas.

Amendments to NOx Technical Code (NOx Technical Code 2008)
The amended Code includes a new chapter based on the agreed approach for the NOx regulation of existing (pre-2000) engines established in MARPOL Annex VI, and provisions for direct measurement and monitoring methods, a certification procedure for existing engines, and test cycles to be applied to Tier II and Tier III engines.

For additional information:
Eirik.Nyhus@dnv.com


Text: Sverre J. Dahl

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