E

FACILITATION COMMITTEE FAL 47/13/1

47th session 5 January 2023
Agenda item 13 Original: English
Pre-session public release: ☒

MEASURES TO ADDRESS MARITIME AUTONOMOUS SURFACE SHIPS (MASS) IN THE

INSTRUMENTS UNDER THE PURVIEW OF THE FACILITATION COMMITTEE

Further consideration of MASS operations related to the FAL Convention

Submitted by the United Arab Emirates

SUMMARY
Executive summary: This document provides a proposal on the establishment of a
working group to consider developing a road map on MASS related
to the FAL Convention and to further address MASS issues related
to sharing of information and connectivity across MASS, ports and
remote-control station/centres and the need for its inclusion as part
of the common gaps within the Joint Working Group (MSC-LEG-FAL
JWG) on MASS. It also proposes to conduct a seminar on
implications, challenges and opportunities of MASS and its
operations for ports.
Strategic direction, 2
if applicable:
Output: 2.7
Action to be taken: Paragraph 13
Related documents: FAL 46/24; FAL 47/13; MSC.1/Circ.1638; LEG.1/Circ.11 and
FAL.5/Circ.49

Background and introduction

1 In accordance with the Assembly resolution A.1149(32) on the Revised Strategic Plan
for the Organization for the six-year period 2018 to 2023, the SD 2 "Integrate new and
advancing technologies in the regulatory framework" indicates that since technological
advances present opportunities as well as challenges, their introduction needs to be
considered carefully in order for them to be accommodated appropriately into the regulatory
framework of the Organization. Therefore, it should be acknowledged that the legal framework
and the technological advances are completely intertwined.

2 The regulatory scoping exercises* (RSE) were approved by MSC 103 in May 2021,
LEG 108 in July 2021 and FAL 46 in May 2022.

*
MSC.1/Circ.1638, LEG.1/Circ.11 and FAL.5/Circ.49.

I:\FAL\47\FAL 47-13-1.docx
FAL 47/13/1
Page 2

3 FAL 46 recalled that MSC, being the leading IMO organ, had approved a new output
on "Development of a goal-based instrument for maritime autonomous surface ships (MASS)",
with a target completion year of 2025 and, as a first step, to commence the work on MASS
with the development of a non-mandatory goal-based MASS Code and, following its
completion, work towards a mandatory Code should start which is envisaged to enter into force
on 1 January 2028.

4 The LEG and FAL Committees also included new outputs on measures to address
MASS in the instruments under their purview in their respective biennial agendas with target
completion years of 2025.

5 The Joint MSC-LEG-FAL Working Group (JWG) on Maritime Autonomous Surface

Ships was established as a cross-cutting mechanism to address common issues identified in
the regulatory scoping exercises for the use of MASS conducted by the three Committees, as
approved by LEG 109 (LEG 109/16/1, paragraph 13.14), MSC 105 (MSC 105/20,
paragraph 7.27) and FAL 46 (FAL 46/24, paragraph 14.17).

6 In addition, MSC 105 established a MASS Correspondence Group (MASS-CG) to

develop a non-mandatory MASS Code for cargo ships, with a view to considering the feasibility
for the application to passenger ships at a future stage. In accordance with its terms of
reference, the report of the MSC-MASS-CG will be submitted to MSC 107 in May-June 2023.

Discussion

7 Section 6 of the annex to document FAL.5/Circ.49 clearly identified that amending or

interpreting the FAL Convention would be the most appropriate way to address the majority of
barriers identified vis-à-vis MASS operations, more specifically on the information required on
arrival and departure, a new kind of certification for remotely controlled operations, sharing of
information, as well as arrangements and obligations concerning the solving of situations and
pre-arrival information regarding persons rescued at sea, stowaways and/or refugees. In
contrast to the result of the MSC RSE, the development of a new instrument was identified
only in relation to the more overarching issues. These are issues that the FAL Convention
shares with most other IMO instruments and should be addressed in liaison with other
Committees.

8 Noting that most of the identified common gaps and themes in FAL.5/Circ.49 will be
addressed jointly by the JWG on MASS as set out in the annex to the first report of the JWG
on MASS (FAL 47/13) which includes the need to define and address the common issues such
as the role responsibilities, competence and requirements of MASS master, MASS crew,
remote operator as well as the term "remote control station/centre" with its requirements.
Noting that designation of the MASS master, crew or remote operator as seafarers will be
discussed at a later stage by MSC with the involvement of the relevant Sub-Committee
including the HTW Sub-Committee.

9 However, sharing of information, as one of the common gaps and themes requires
careful consideration within the development of the MASS Code and its relevance to the FAL
Convention. As highlighted in FAL.5/Circ.49, that greater degrees of autonomy of ships imply
that technologies are taking on the role of information-sharing and MASS requires increasing
availability of accurate, up-to-date necessary data and reliable communications. Although not
specifically addressed in the Convention, effective information exchange is key to trade
facilitation. To enable automated processes in an environment which MASS will operate in,
information exchange across all authorized and relevant stakeholders might have to be in a
machine-readable and decentralized format based on open and interoperable interfaces to
enable automated processes.

I:\FAL\47\FAL 47-13-1.docx
 FAL 47/13/1
Page 3

10 In addition, the most recent amendment to the FAL Convention makes it mandatory
for ships and ports to exchange FAL data electronically and encourages the use of the
so-called "single window" concept, in which all relevant shipping agencies and public port
authorities involved exchange data via a single point of contact, recognizing that such step
contributes towards digitalization. Therefore, MASS issues related to sharing of information
and connectivity must be addressed in order to ensure that a ship such as MASS, ports and
remote-control station/centres are able to continuously maintain communication and exchange
FAL data electronically.

11 Furthermore, it is noted that MSC is in progress for the development of a goal-based

instrument for maritime autonomous surface ships (MASS), with a target completion year
of 2025 and, as a first step, to commence the work on MASS with the development of a
non-mandatory goal-based MASS Code and, following its completion, work towards a
mandatory Code should start which is envisaged to enter into force on 1 January 2028. With
almost five years left to achieve this target, the United Arab Emirates is of the view that ports
and public authorities of the Contracting Governments would need to be encouraged to
prepare, adapt and facilitate arrival and departure of MASS under various degrees of
autonomy.

Proposal

12 In light of the above discussion and in order to advance MASS operation in

instruments under the purview of the FAL Committee, it is proposed to

.1 establish a working group to consider:

.1 the first report of the JWG on MASS as set out in document

FAL 47/13;

.2 developing a road map on MASS related to the FAL Convention

taking into account the road map developed and updated by
MSC 106; and

.3 further address MASS issues related to sharing of information and

connectivity across MASS, ports and remote-control station/centres
and the need for its inclusion as part of the common gaps within the
JWG on MASS.

.2 conduct, if appropriate, a seminar on implications, challenges and

opportunities of MASS and its operations for ports and public authorities.

Action requested of the Committee

13 The Committee is invited to:

.1 note the information provided;

.2 consider the proposal in paragraph 12; and

.3 take action, as appropriate.

___________

I:\FAL\47\FAL 47-13-1.docx