E

LEGAL COMMITTEE LEG 108/1/1/Add.1

108th session 19 July 2021
Agenda item 1 Original: ENGLISH
Pre-session public release: ☒

ADOPTION OF THE AGENDA

Comments received from Member States on items to be considered by

correspondence

Note by the Chair

SUMMARY

Executive summary: In this document the Chair provides an update on the items to be
dealt with by correspondence, taking into account the comments
received from Member States
Strategic direction, Not applicable
if applicable:
Output: Not applicable

Action to be taken: Paragraph 17

Related document: LEG 108/1/1

Introduction

1 The Chair proposed, in annex 2 to document LEG 108/1/1, that the Committee
consider a series of documents, which were mainly for noting, by correspondence prior to the
virtual meetings, to allow the 108th session of the Committee to address all items on its agenda
during the conduct of the virtual meetings to be held from 26 July to 30 July 2021.

2 The Chair included the proposed list of actions the Committee would be asked to take
and requested Member States to submit comments, if any, on these proposed actions by
Friday, 16 July 2021.

3 By the deadline indicated above, comments from two Member States were received.
The full comments are included in the annex to this document, which has not been translated.

4 In the following paragraphs, the additional actions that the Chair proposes the
Committee take in respect of the items commented on are included in the decisions under
each document, in italics and underlined. This document will be referred to during the plenary
meeting for the discussion of the decisions that may need to be amended, in light of the
comments received.

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Comments on agenda item 9 (Piracy)

Document LEG 107/17/1 (Developments related to piracy since LEG 106)

5 In relation to the Chair's proposal that the agenda item on Piracy should not remain
on the agenda of the Committee, the United Arab Emirates noted that Assembly
resolution A.1069(28) on Prevention and Suppression of Piracy, Armed Robbery against Ships
and Illicit Maritime Activity in the Gulf of Guinea contains, in operative paragraphs 10(b)
and 12, a number of requests for actions to be taken by the Committee related to Piracy.

6 The United Arab Emirates added that this also applies to the draft Assembly resolution
intended to update and amend resolution A.1069(28), expected to be finalized at the 104th
session of the Maritime Safety Committee for adoption by the thirty-second session of the
Assembly. In this context, the United Arab Emirates suggested that the Committee ought to
still consider whether or not Piracy should remain on its agenda.

7 In light of the above comments by the United Arab Emirates, the Chair reminds the
Committee that considerations by other committees can still be reported to the Legal
Committee under the agenda item on Work of other IMO bodies and, therefore, the Chair
proposes the decision of the Committee be reflected in the following proposed text:

"The Committee recalling that, at its previous session, it had postponed full
consideration of this agenda item to LEG 108, notes the information provided in
documents LEG 107/17/1 and LEG 108/INF.4 on matters relating to Piracy; and in
relation to document LEG 107/17/1 in particular, agrees that this agenda item should
not remain on the agenda of the Legal Committee and that the Secretariat should
continue reporting on legal developments related to piracy under the agenda item on
Work of other IMO bodies, if appropriate."

Comments on agenda item 13 (Work programme)

Document LEG 108/13/2 (Report on the status of outputs for the current biennium
(2020-2021)

8 In relation to document LEG 108/13/2, the Russian Federation expressed the view
that the Chair's proposal that the Committee agree, by correspondence, on the outputs to be
included in its Post-Biennial Agenda would pre-empt the virtual meeting discussion on the
proposals for new outputs contained in documents LEG 108/13 and LEG 108/13/1. In this
context, the Russian Federation proposed that document LEG 108/13/2 be discussed together
with documents LEG 108/13 and LEG 108/13/1 during the virtual meeting. The Chair concurs
and proposes that document LEG 108/13/2 be discussed on Wednesday, 28 July 2021 under
agenda item 13, together with documents LEG 108/13 and LEG 108/13/1.

9 The United Arab Emirates noted that the Council, at its 125th session, approved the
new strategic direction on the human element and its associated performance indicators to be
included in the revised Strategic Plan, which would be submitted to the thirty-fourth
extraordinary session of the Council, together with the revised table of performance indicators,
the list of outputs for the 2022-2023 biennium and the associated Assembly resolution
(C 125/D, paragraphs 3(a).8.1, 3(a).8.2 and 3(a).8.5). The United Arab Emirates proposed that
this decision of the Council on the human element be noted by the Committee.

10 Taking into account the above suggestion by the United Arab Emirates, the Chair
proposes that the Committee:

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"Notes that the Council, at its 125th session, approved the new strategic direction on
the human element and its associated performance indicators to be included in the
revised Strategic Plan, which would be submitted to the thirty-fourth extraordinary
session of the Council, together with the revised table of performance indicators, the
list of outputs for the 2022-2023 biennium, and the associated Assembly resolution"

Document LEG 108/WP.5 (Substantive items for inclusion in the agenda for the 109th
session of the Legal Committee)

11 In relation to document LEG 108/WP.5, the Russian Federation expressed the view
that since the document was not made available during the period of correspondence, it should
be formally considered during the virtual meetings. The Chair concurs and proposes that
document LEG 108/WP.5 be discussed on Wednesday, 28 July 2021 under agenda item 13.

12 The United Arab Emirates suggested that in the proposed agenda for LEG 109, as
set out in document LEG 108/WP.5, the agenda on Piracy should be put in square brackets
until the Committee considers agenda item 9. The Chair concurs and notes that Piracy has
been put in square brackets in document LEG 108/WP.5 pending a decision by the Committee
whether or not to keep it on its agenda, referred to above.

Duration of next session of the Committee

13 With regard to the Chair's proposal that the Committee agree that the next session
should be held during five meeting days with eight full sessions of interpretation, the Russian
Federation suggested that the decision regarding the length of the next session be taken
during the virtual meetings subject to the consideration of the LEG 109 agenda and
assessment of the workload. The Chair concurs and proposes that this matter be discussed
on Wednesday, 28 July 2021 under agenda item 13.

Reallocation of outputs from "Other work" to relevant strategic directions

14 The Russian Federation requested clarification regarding whether the Secretariat had
considered an option for the future to reallocate outputs from "Other work" to relevant strategic
directions, as done by the Marine Environment Protection Committee and the Maritime Safety
Committee. The Secretariat has advised the Chair that it is not aware of such reallocation by
any IMO organ other than MEPC and MSC. Since the Assembly adopted the Strategic Plan
and list of outputs, the instruction to the committees to reallocate outputs should come from
Member States. However, due to the new strategic direction on the human element approved
by the Council at its 125th session, the Legal Committee could instruct the Secretariat to
realign outputs from "Other work" to relevant strategic directions and leave it to the Secretariat
to allocate other appropriate strategic directions.

Comments on agenda item 15 (Any other business)

15 The United Arab Emirates referred to the Chair's proposal that the Committee note that
there are no documents submitted under this agenda item. Nonetheless, the United Arab
Emirates expressed its intention to raise concerns regarding the activities of the Seafarer Crisis
Action Team (SCAT) and proposed that agenda item 15 be included in the provisional
timetable for virtual meetings in annex 1 to document LEG 108/1/1.

16 In response to this request, the Chair has been informed by the Secretariat that a full
update on the activities of the SCAT is planned to be provided to the next session of the
Maritime Safety Committee (MSC 104), thus the United Arab Emirates may raise its concerns
at that session. Therefore, in the interests of meeting economy, this matter will not be
discussed under this agenda item.

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Action requested of the Committee

17 The Legal Committee is invited to consider the revised proposals on the items
included in annex 2 to document LEG 108/1/1, as well as the decisions the Committee will
need to take on the remaining action points in the document at the virtual meeting of the
Committee, where this document will be discussed.

***

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Annex, page 1

ANNEX

COMMENTS FROM MEMBER STATES

Russian Federation

"No.003/197 16 July 2021

Mr. F. Kenney
Director
Legal Affairs and External
Relations Division
International Maritime Organization
4 Albert Embankment
London SEI 7SR

Dear Fred

Reference is made to the document LEG 108/1/1, paragraph 8, which clarifies the procedure
for commenting on LEG 108 documents considered by correspondence, as suggested by the
LEG Chair.

In annex 2 of LEG 108/1/1, under agenda item 13, the Chair proposes:

- to agree on the report on the status of outputs for the current biennium and on
the outputs to be included in its Post-Biennial Agenda, attached as annexes 1
and 2 to document LEG 108/1/1;

- to approve the list of substantive items for inclusion in the agenda for LEG 109,
as contained in document LEG 108/WP.5; and

- to agree that the next session should be held during five meeting days with eight
full sessions of interpretation.

We would like to draw the attention to annex 1 of LEG 108/1/1, in particular to the fact that the
proposals for the work programme for post-biennial agenda in documents LEG 108/13 and
LEG 108/13/1 are envisaged to be discussed during virtual session.

We consider that the Chair's proposal to agree on the outputs to be included in its Post-Biennial
Agenda by correspondence and before the virtual session pre-empts the discussion on those
specific proposals, therefore we are convinced that the document LEG 108/13/2 should be
reallocated to the virtual session and discussed in conjunction with LEG 108/13 and
LEG 108/13/1. We believe that the reallocation of LEG 108/13/2 would not result in additional
burden to the virtual sessions.

Also with regard to the document WP.5, we believe it cannot be formally considered by
correspondence within the timeframe proposed due to the fact that it has not been made
available until now. So this document should also be reallocated to the virtual session.

Lastly, the decision with regard to the length of next session should be taken also at the virtual
meeting subject to the consideration of the agenda for LEG 109 and assessment of the
workload.

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Annex, page 2

Taking this opportunity, we also would like to ask for clarifications (either in return by writing or
during the discussion of relevant agenda item at LEG 108) whether the Secretariat has
considered an option for the future to reallocating outputs from "Other work" to relevant
strategic directions, as done by MEPC and MSC.

Sincerely yours,

Yury Melenas
Permanent Representative"

United Arab Emirates

"Dear Sir/Madam,

I am writing with reference to the Chair's proposed actions to be taken by the Legal Committee
in relation to the documents to be considered by correspondence prior to the virtual meetings
as set out in LEG 108/1/1.

On Agenda item 9 PIRACY:

It was noted that the Chair's proposal that the Committee agrees that this agenda item should
not remain on the agenda of the Legal Committee.

The United Arab Emirates is of the view that the Current Assembly Resolution A.1069(28) on
Prevention and Suppression of Piracy, Armed Robbery against Ships and Illicit Maritime
Activity in the Gulf of Guinea contains, in its Operative Paragraphs 10 (b) and 12, a number of
requests to be performed by the Legal Committee related to the issue of Piracy.

It was also noted that the Maritime Safety Committee, at its 103rd session, considered updating
and amending the resolution A.1069(28) the Draft Assembly Resolution on Prevention and
Suppression of Piracy, Armed Robbery against Ships and Illicit Maritime Activity in the Gulf of
Guinea which would be anticipated to be finalized at the 104th session of MSC in October 2021
for the adoption by the 32nd Assembly. This amendment continues to:

- REQUESTS the Secretary-General to continue monitoring the situation in

relation to threats to ships sailing in the Gulf of Guinea and report to the
Council, the Maritime Safety Committee, the Legal Committee, the Technical
Cooperation Committee and the Facilitation Committee, as and when
appropriate, on developments and any further actions that may be required;

- REQUESTS the Legal Committee to assist, as appropriate, the Maritime Safety

Committee in pursuing the objectives of this resolution.

Based on the above-mentioned information, it is therefore suggested that the Committee is to

reconsider this matter whether it should remain or it should not remain on the agenda of the
Legal Committee.

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On Agenda item 13 WORK PROGRAMME:

The United Arab Emirates noted that the Council, at its 125th session, approved the new
strategic direction on the human element and its associated the performance indicators to be
included revised Strategic Plan, including the revised table of performance indicators, the list
of outputs for the 2022-2023 biennium, and the associated Assembly resolution to the
thirty-fourth extraordinary session of the Council. Therefore, UAE would request to note the
above-mentioned information.

With regard to the proposed agenda for LEG 109 as set out in LEG 108/WP.5 (which is not yet
released at IMODOCS), it is suggested to keep the agenda of Piracy in square brackets till the
Committee considers agenda item 9.

On Agenda item 15 ANY OTHER BUSINESS:

The United Arab Emirates noted that the Chair's proposal that the Committee notes that there
are no documents submitted under this agenda item. However, UAE would like to raise
concern related to the activities of the Seafarer Crisis Action Team (SCAT) which should be
consistent with the agreed Terms of Reference. It is therefore suggested to include agenda
item 15 in provisional timetable of annex 1 of LEG 108/1/1.

Best regards,

‫ﻣﺣﻣــــــــد ﺧﻣﯾـــــــس ﺳﻌﯾـــــــــد اﻟﻛﻌﺑــــــﻲ‬

‫اﻟﻣﻧدوب اﻟداﺋـم ﻟدوﻟﺔ اﻹﻣﺎرات اﻟﻌرﺑﯾﺔ اﻟﻣﺗﺣدة‬
‫ﻟـــــدى اﻟﻣﻧظﻣـــــــﺔ اﻟﺑﺣرﯾـــــــــﺔ اﻟدوﻟﯾـــــﺔ‬
Mohamed Khamis Saeed AlKaabi
UAE Permanent Representative at
International Maritime Organization IMO

‫اﻹﻣﺎرات اﻟﻌرﺑﯾﺔ اﻟﻣﺗﺣدة‬، ‫أﺑوظﺑﻲ‬، 59 : ‫ب‬.‫ص‬

PO Box : 59, Abu Dhabi, UAE
Mobile UK: +447444470744
Mobile UAE: +971506554414
Mohamed.Alkaabi@moei.gov.ae"

___________

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