E

LEGAL COMMITTEE LEG 108/1/1

108th session 5 July 2021
Agenda item 1 Original: ENGLISH
Pre-session public release: ☒

ADOPTION OF THE AGENDA

Preparations for the remote session

Note by the Chair

SUMMARY

Executive summary: In this document, the Chair provides an update on the organization
of the 108th session of the Committee, including arrangements for
the remote session; the virtual meetings and the items that will be
dealt with by correspondence
Strategic direction, Not applicable
if applicable:

Output: Not applicable

Action to be taken: Paragraph 11

Related document: LEG 108/1

Introduction

1 Given the ongoing disruption caused by the COVID-19 pandemic, the 108th session
of the Committee is being held remotely. Taking into account the Interim guidance to facilitate
remote sessions of the Committees during the COVID-19 pandemic
(MSC-LEG-MEPC-TCC-FAL.1/Circ.1), and in consultation with the Secretariat, this document
sets out the Chair's proposed arrangements for the remote session.

Virtual meetings

2 As indicated in Circular Letter No.4356, virtual meetings will take place from Monday,
26 July 2021 to Friday, 30 July 2021, from 11 a.m. to 2 p.m. (UCT+1). It is proposed that the
following priority issues be considered during the virtual meetings:

.1 Agenda item 1 on "Adoption of the agenda": The Committee will be invited

to adopt the provisional agenda and consider the Chair's proposed
arrangements for the remote session contained in this document. The
Committee will also be invited to consider the Chair and Member Statesʹ

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proposals, if any, on items dealt with by correspondence prior to the

virtual meetings.

.2 Agenda item 2 on "Report of the Secretary-General on credentials": The

Secretary-General will report to the Committee as soon as verification of the
credentials received has been completed.

.3 Agenda item 4 on "Fair treatment of seafarers", in relation to the following

sub-items:

.1 4(a) on "Provision of financial security in case of abandonment of

seafarers, and shipownersʹ responsibilities in respect of contractual
claims for personal injury to, or death of seafarers, in light of the
progress of amendments to the ILO Maritime Labour Convention,
2006": The Committee will be invited to consider two documents
regarding a report on the IMO/ILO joint database of abandonment
of seafarers and an analysis of incidents of abandonment for the
period 1 January to 31 December 2020, respectively.

.2 4(d) on "Guidelines for port State and flag State authorities on how
to deal with seafarer abandonment cases": The Committee will be
invited to consider a proposal to establish a working group for the
development of guidelines for port State and flag State authorities
on how to deal with seafarer abandonment cases, including the
possible establishment of a Seafarers Emergency Mutual Fund.

.4 Agenda item 5 on "Advice and guidance in connection with the

implementation of IMO instruments": The Committee will be invited to
consider several documents submitted under this agenda item relating to the
review of insurance problems with non-IG insurers; harmonized
interpretation of the 2001 Bunkers Convention; unauthorized and unlawful
issuance of certificates in respect of ships in the Autonomous Republic of
Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the
Russian Federation; and implementation of the 1988 SUA Convention, as
amended by the Protocol of 2005.

.5 Agenda item 6 on "Measures to prevent unlawful practices associated with

the fraudulent registration and fraudulent registries of ships": The Committee
will be invited to consider the report of the Correspondence Group on
Fraudulent Registration and Fraudulent Registries of Ships, as well as some
commenting and related documents.

.6 Agenda item 7 on "Regulatory scoping exercise and gap analysis of

conventions emanating from the Legal Committee with respect to Maritime
Autonomous Surface Ships (MASS)": The Committee will be invited to
consider documents submitted to LEG 107 and the Secretariatʹs report on
the finalization of the regulatory scoping exercise for the use of MASS by the
Maritime Safety Committee (MSC) of conventions under its purview. The
Committee will also be invited to note a commenting document.

.7 Agenda item 8 on "Unified Interpretation on the test for breaking the ownerʹs
right to limit liability under the IMO conventions": The Committee will be

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invited to consider the report of the Correspondence Group on the Unified

Interpretation on the test for breaking the owner's right to limit liability under
the IMO conventions, as well as a commenting document.

.8 Agenda item 12 on "Review of the status of conventions and other treaty

instruments emanating from the Legal Committee": The Committee will be
invited to consider part of the agenda item relating to two documents on a
reservation made by the Republic of Iraq pursuant to article 16 of the 1988
SUA Convention, and the objections thereto.

.9 Agenda item 13 on "Work programme": The Committee will be invited to

consider two proposals to add new outputs, namely, the development of
measures to transparently assess whether there is a need to amend liability
limits, and the development of a Claims Manual for the International
Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, under
the auspices and in the name of the Organization.

.10 Agenda item 14 on "Election of officers": The Committee will elect a new
Chair and a new Vice-Chair for 2022, taking into account that the incumbents
will not be standing for re-election to their respective positions.

.11 Agenda item 16 on "Consideration of the report of the Committee on its

108th session": The draft report of the Committee for the session will be
considered during the final virtual meeting on 30 July 2021, and thereafter,
the session will remain open, by correspondence, for a further five working
days for any additional comments on the draft report and approval by the
Committee. The final report of the Committee will be subsequently published
on IMODOCS.

3 A provisional timetable and a corresponding list of documents are set out in annex 1.

Working and drafting groups

4 It is envisaged that a working group under agenda item 7 could be established at this
session to finalize the regulatory scoping exercise on MASS. Furthermore, a drafting group on
the following subjects would also be established at this session:

.1 Measures to prevent unlawful practices associated with the fraudulent

registration and fraudulent registries of ships. The drafting group would be
requested to review and finalize the draft Assembly resolution on
encouragement of Member States and all relevant stakeholders to promote
actions for the prevention and suppression of fraudulent registration and
fraudulent registries and other fraudulent acts in the maritime sector. The
draft resolution is set out in the annex to document LEG 108/6 on the report
of the Correspondence Group established under this agenda item.

.2 Unified Interpretation on the test for breaking the ownerʹs right to limit liability
under the IMO conventions. The drafting group would be requested to finalize
the text of the Unified Interpretation set out in the annex to document
LEG 108/8 on the report of the Correspondence Group established under
this agenda item.

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5 Those delegates wishing to participate in the working group and drafting group will be
invited to inform the Secretariat via an MS Form which will be circulated in due course.
Delegations should ensure that they have completed the registration process in the Online
Meeting Registration System (OMRS), as per Circular Letter No.3463. The joining instructions
will then be sent to the registered participants.

6 The provisional terms of reference for the working group and drafting group expected
to be established at LEG 108 will be set out in documents LEG 108/WP.2 and LEG 108/WP.3,
respectively.

Documents to be considered via correspondence prior to the virtual meetings

7 With a view to alleviating the burden of the virtual meetings and to progressing the work
as much as possible, annex 2 sets out a list of documents, together with the Chair's proposals,
to be considered by correspondence prior to the virtual meetings. These documents consist of
information documents and other documents which the Committee is mainly invited to note.

8 Member States and observers are invited to provide their comments, if any, on the Chair's
proposed actions to be taken by the Committee in relation to the documents to be considered by
correspondence prior to the virtual meetings, to led@imo.org by 16 July 2021. In the event that
substantial comments on a particular proposal are received, the Chair, in consultation with
interested delegations and the Secretariat, will aim to modify the proposal in question, or
alternatively suggest deferring the consideration of those documents to the next session of
the Committee.

9 The Secretariat will collate all comments in a single document, which will also contain
explanations on how these comments were addressed. This document will be circulated prior
to the virtual meetings of LEG 108.

10 The Chair's proposals, as may be amended following receipt of comments, will be

subject to endorsement by the Committee during the virtual meetings.

Action requested of the Committee

11 The Legal Committee is invited to endorse, in principle, the Chair's proposals on the
arrangements for the remote session, noting that Member States and observers have been
invited to comment on the Chair's proposals for the actions to be taken by the Committee in
relation to the documents considered by correspondence prior to the virtual meetings and that
those proposals, as may be amended following receipt of comments, will be subject to final
endorsement during the virtual meetings.

***

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Annex 1, page 1

ANNEX 1

PROVISIONAL TIMETABLE

Date Agenda item List of documents

Opening
Monday,
26 July 2021 (1) Adoption of the agenda LEG 108/1 LEG 108/1/1/
LEG 108/1/1 Add.1

(2) Credentials LEG 108/2

(7) Regulatory scoping exercise LEG 108/7 LEG 107/8/1 to

and gap analysis of conventions LEG 108/7/1 LEG 107/8/18
emanating from the Legal LEG 107/8
Committee with respect to LEG LEG 108/WP.2
Maritime Autonomous Surface 107/8/Corr.1
Ships (MASS)

(6) Measures to prevent unlawful LEG 108/6 LEG 108/6/4

practices associated with the LEG 108/6/1 LEG 108/6/5
fraudulent registration and LEG 108/6/2 LEG 108/INF.5
fraudulent registries of ships LEG 108/6/3 LEG 108/WP.3

(8) Unified Interpretation on the LEG 108/8

test for breaking the owner's right LEG 108/8/1
to limit liability under the IMO
conventions
(4(a)) Provision of financial LEG 108/4(a)
Tuesday, security in case of abandonment LEG 108/4(a)/1
27 July 2021 of seafarers, and shipownersʹ
responsibilities in respect of
contractual claims for personal
injury to, or death of seafarers, in
light of the progress of
amendments to the ILO Maritime
Labour Convention (MLC), 2006

(4(d)) Guidelines for port State LEG 108/4(d)

and flag State authorities on how
to deal with seafarer
abandonment cases.

(5) Advice and guidance in LEG 108/5

connection with the LEG 108/5/1
implementation of IMO LEG 108/5/2
instruments LEG 108/5/3

Wednesday, (13) Work programme (proposals LEG 108/13 LEG 108/WP.4

28 July 2021 for new outputs only) LEG 108/13/1

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(12) Review of the status of LEG

conventions and other treaty 107/13/Add.1
instruments emanating from the LEG
Legal Committee 107/13/Add.2

(1) Remaining agenda items LEG 108/1/1

(consideration of the Chair and LEG 108/1/1/
Member States proposals on Add.1
items dealt with by
correspondence)

Thursday, No plenary session will be held

29 July 2021 on this day.

Friday, (14) Election of officers LEG 108/14

30 July 2021 LEG 108/14/1

(6), (7) and (8) Reports of the LEG 108/WP.6

working group and drafting group LEG 108/WP.7

(16) Report of the Committee on LEG 108/WP.1

its 108th session LEG 108/WP.1/
REV.1

***

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ANNEX 2

LIST OF DOCUMENTS TO BE CONSIDERED BY CORRESPONDENCE PRIOR TO THE

VIRTUAL MEETINGS

AGENDA ITEM 3 FACILITATION OF THE ENTRY INTO FORCE AND HARMONIZED

INTERPRETATION OF THE 2010 HNS PROTOCOL

Documents to be considered through correspondence prior to the virtual meetings:

LEG 107/3 Facilitation of the entry into force and IMO and IOPC Funds
harmonized interpretation of the 2010 Secretariats
HNS Protocol

LEG 107/3/1 Analysis of claims data on the list of International Group of

HNS incidents involving vessels Protection and
entered in a member Club of the Indemnity
International Group of Protection and Associations
Indemnity Associations in the period (P & I Clubs)
2010 to 2019

LEG 107/3/2 Implementation of the 2010 HNS Republic of Korea

Protocol

LEG 108/3 Analysis of claims data on the list of P & I Clubs

HNS incidents involving vessels
entered in a member Club of the
International Group of Protection and
Indemnity Associations in the period
2010 to 2019

The Chair proposes that the Committee recalling that, at its previous session, it had
postponed consideration of this agenda item to LEG 108, notes the information provided in
documents LEG 107/3, LEG 107/3/1, LEG 107/3/2 and LEG 108/3, on the facilitation of the
entry into force and harmonized interpretation of the 2010 HNS Protocol.

AGENDA ITEM 4 FAIR TREATMENT OF SEAFARERS

SUB-ITEM 4(B) FAIR TREATMENT OF SEAFARERS IN THE EVENT OF A MARITIME

ACCIDENT

Document to be considered through correspondence prior to the virtual meetings:

LEG 108/4(b) Developing cooperation on Fair ITF

Treatment of Seafarers

The Chair proposes that the Committee notes the information set out in document
LEG 108/4(b) on an analysis of the fair treatment of seafarers in the event of a maritime
accident, including the development of cooperation on fair treatment of seafarers.

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SUB-ITEM 4(C) FAIR TREATMENT OF SEAFARERS DETAINED ON SUSPICION OF

COMMITTING MARITIME CRIMES

Documents to be considered through correspondence prior to the virtual meetings:

None

The Chair proposes that the Committee notes that there are no documents submitted under
this sub-item. However, at an appropriate time during the virtual meetings, the Chair will
provide an update on the formation of the Joint ILO-IMO tripartite Working Group.

SUB-ITEM 4(E) MATTERS RELATING TO THE WORK OF THE LEGAL COMMITTEE

AND THE COVID-19 PANDEMIC

Documents to be considered through correspondence prior to the virtual meetings:

None

The Chair proposes that the Committee notes that there are no documents submitted under
this sub-item.

AGENDA ITEM 9 PIRACY

Documents to be considered through correspondence prior to the virtual meetings:

LEG 107/17/1 Developments related to piracy since Secretariat

LEG 106

LEG 108/INF.4 Information on some prevention China

measures against piracy and armed
robbery that do not meet the
requirements of relevant IMO
conventions

The Chair proposes that 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.

AGENDA ITEM 10 WORK OF OTHER IMO BODIES

Documents to be considered through correspondence prior to the virtual meetings:

LEG 107/11 Work of other IMO bodies Secretariat

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LEG 107/11/Add.1 Urgent matters emanating from Secretariat

NCSR 7: Revision of the Guidelines
on places of refuge for ships in need of
assistance

LEG 108/10 Work of other IMO bodies Secretariat

The Chair proposes that the Committee recalling that, at its previous session, it had
postponed consideration of this agenda item to LEG 108:

.1 notes the information provided in documents LEG 107/11,

LEG 107/11/Add.1 and LEG 108/10 on the outcomes of A 31, FAL 43,
MEPC 74, MSC 101, MSC 103, TC 69, TC 70, LC 41, C 122, C/ES.33,
NCSR 7 and NCSR 8, in relation to matters of relevance to its work;

.2 in relation to document LEG 107/11, in particular, invites interested

Member States and international organizations to submit relevant proposals
to LEG 109 on action 12 of the Action Plan to address marine plastic litter
from ships (resolution MEPC.310(73)), concerning the most appropriate
instrument to address the responsibility and liability for plastic consumer
goods lost at sea from ships (MEPC 74/18, paragraphs 8.16, 8.36 and 8.40,
and MEPC 74/18/Corr.1, paragraph 4); and

.3 with regard to document LEG 108/10, in particular, notes that:

.1 TC 70 agreed to include a new item on the provisional agenda for

TC 71 on "Long-term strategy for the review and reform of IMO's
technical cooperation", as well as a sub-item on "Analysis of the
viability of introducing an access fee to GISIS (public access) data"
(TC 70/14, paragraph 11.2);

.2 C/ES.33 approved the draft amendments to Articles 16, 17, 18,

19(b) and 81 of the IMO Convention and associated draft Assembly
resolution and recommended them to A 32 for adoption (C/ES.33/D,
paragraph 3.3 and the annex);

.3 MSC 103 approved, in principle, the establishment of a standing

joint ILO/IMO working group to identify and address seafarers'
issues and the human element, subject to the approval of the terms
of reference and other arrangements for the standing group as may
be provided in the relevant STC of MLC, 2006, resolution; and
invited C 125 to endorse this decision, in principle, subject to
approval of the group's method of work, as may be provided in the
resolution, by relevant IMO Committees (MSC 103/WP.1/Rev.1,
paragraph 13.17);

.4 MSC 103 adopted a resolution on Recommended action to prioritize

COVID-19 vaccination of seafarers; and requested the Secretariat
to prepare a draft Assembly resolution consolidating issues related
to crew change, access to medical care, ʺkey workerʺ designation
and vaccination to further highlight the relevance of these problems,

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for consideration at MSC 104, with a view to adoption by A 32

(MSC 103/WP.1/Rev.1, paragraphs 20.9.3 and 20.9.4); and

.5 NCSR 8 re-established the Correspondence Group on Revision of

the Guidelines on Places of Refuge for Ships in Need of Assistance
(resolution A.949(23)) to, inter alia, consider what issues should be
brought to the attention of the Marine Environment Protection
Committee and the Legal Committee, for their consideration; and
submit a report to NCSR 9 (NCSR 8/WP.1/Rev.1, paragraph 8.9).

AGENDA ITEM 11 TECHNICAL COOPERATION ACTIVITIES RELATED TO MARITIME

LEGISLATION

Documents to be considered through correspondence prior to the virtual meetings:

LEG 107/12 Report on technical cooperation Secretariat

activities on maritime legislation for
2019

LEG 107/12/1 IMO International Maritime Law IMLI

Institute (IMLI) activities report

LEG 107/INF.2 List of IMLI dissertations/research IMLI

projects and maritime legislation
drafting projects

LEG 107/INF.3 Research work undertaken by IMLI IMLI

LEG 108/11 IMO International Maritime Law IMLI

Institute

LEG 108/11/1 Report on technical cooperation Secretariat

activities on maritime legislation for
2020 and the thematic priorities for the
Integrated Technical Cooperation
Programme for the 2022-2023
biennium

LEG 108/INF.2 List of IMLI dissertations/research IMLI

projects and maritime legislation
drafting projects

LEG 108/INF.3 Research work undertaken by IMLI IMLI

The Chair proposes that the Committee, recalling that, at its previous session, it had
postponed full consideration of this agenda item to LEG 108:

.1 notes the information provided in documents LEG 107/12, LEG 107/12/1,

LEG 107/INF.2, LEG 107/INF.3, LEG 108/11, LEG 108/11/1, LEG 108/INF.2
and LEG 108/INF.3, on technical cooperation activities related to maritime
legislation;

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.2 in relation to document LEG 108/11/1, in particular, approves the thematic

priorities for the Integrated Technical Cooperation Programme (ITCP) for
2022-2023; and

.3 with regard to document LEG 108/INF.3, congratulates Mr. Jose Manuel

Pacheco Castillo from Peru, for his dissertation entitled "A Legal Assessment
of the Genuine Link and its Contribution to the Combat of IUU Fishing on the
High Seas", which was awarded the IMO Secretary-General's Prize for Best
Dissertation for the academic year 2019-2020.

AGENDA ITEM 12 REVIEW OF THE STATUS OF CONVENTIONS AND OTHER

TREATY INSTRUMENTS EMANATING FROM THE LEGAL
COMMITTEE

Documents to be considered through correspondence prior to the virtual meetings:

LEG 107/13 Review of the status of Secretariat

conventions and other treaty
instruments emanating from
the Legal Committee

LEG 108/12 Review of the status of Secretariat

conventions and other treaty
instruments emanating from
the Legal Committee

The Chair proposes that the Committee recalling that, at its previous session, it had
postponed full consideration of this agenda item to LEG 108:

.1 notes the information provided in documents LEG 107/13 and LEG 108/12
on the status of conventions and other treaty instruments emanating from the
Legal Committee; and

.2 in particular, endorses and supports the Secretary-General's continuing

efforts to encourage Governments to consider accepting those treaties to
which they were not yet parties; and encourages delegations to work with
their respective Governments towards achieving effective and uniform
implementation of IMO conventions and to report any barriers to
implementation to the Legal Committee for advice and guidance.

AGENDA ITEM 13 WORK PROGRAMME

Documents to be considered through correspondence prior to the virtual meetings:

LEG 108/13/2 Report on the status of outputs for the Secretariat

current biennium (2020-2021)

LEG 108/WP.5 Proposed agenda for LEG 109 Secretariat

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The Chair proposes that the Committee:

.1 agrees on its report on the status of outputs for the current biennium
(2020-2021) and on the outputs to be included in its Post-Biennial Agenda,
attached as annexes 1 and 2 to document LEG 108/13/2;

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

.3 agrees that the next session should be held during five meeting days with
eight full sessions of interpretation.

AGENDA ITEM 15 ANY OTHER BUSINESS

Documents to be considered through correspondence prior to the virtual meeting:

None

The Chair proposes that the Committee notes that there are no documents submitted under
this agenda item.

___________

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