You are on page 1of 164

PNTC COLLEGES

Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 1 (WEEK 1)
Basic working knowledge of the relevant IMO conventions concerning safety of life at sea, security and protection
of the marine environment
TOPIC LEARNING OUTCOMES

The students shall be able to:

1. Discuss basic principles of management


2. State that maritime law generally accepted customary rules developed over many years and partly on statute law
enacted by states
2. State that matters of safety protection of marine environment and conditions of employment are covered by
statute law
4. State that the main sources of maritime law are international conventions
5. State that the adoption of International conventions and agreements is intended to provide uniform practice
internationally
6. State that a convention treaty between the States which have agreed to be bound by it to apply the principles
contained in the convention within their sphere of jurisdiction
7. State that, to implement convention and other international agreement, a state must enact national legislation
giving effect to and enforcing its provisions
8. State that recommendations which are not internationally binding may be implemented by a State for ships flying
its flag
9. List the main originators of international conventions concerned with maritime law are:
 International Maritime Organization (IMO)
 International Labor Organization (ILO)
 Committee Maritime International (CMI)
 United Nations
10. Describe the following:
 Flag State jurisdiction
 Coastal State jurisdiction
 Port State jurisdiction
11. Describe main elements of relevant IMO Conventions, e.g. SOLAS, MARPOL &STCW
12. Explain the significance of the no more favorable treatment clause in the SOLAS, MARPOL, STCW and ILO Minimum
Standards in Merchant Ships Conventions

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 1 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

ENGAGE

Imagine if there was no law in a country or in the ocean, would there be order in a country or in the ocean?

EXPLORE

•Maritime Law

Question:
What is the foundation of maritime law?

•Maritime Laws, is a body of laws, conventions, and treaties.

Question:
In the picture above a goose got dead because of oil spilled on the sea, what International Convention have the
jurisdiction over this pollution?

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 2 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

EXPLAIN AND ELABORATE

Basic working knowledge of the relevant IMO conventions concerning safety of life at sea, security and protection
of the marine environment

1. Discuss basic principles of management States that maritime law generally accepted customary rules developed
over many years and partly on statute law enacted by states

The Scope of Maritime Law

The foundation of maritime law is a significant body of well-established common law, developed from ancient
practices of maritime commerce and from the decisions of maritime courts applying those standards of traditional
admiralty law, in what has become known in the U.S. courts as “the general maritime law.” Maritime law also includes
statutory enactments, many of which are driven by, or at least based upon, international conventions and
agreements, as well as established maritime customs.

In some ways, maritime law has developed apart from—and somewhat in tension with—local civil laws. It has done
so because the fundamental purpose of maritime law is different from that of the civil law. While the civil law
developed to help maintain a civil society and resolve disputes between members of a single nation, maritime law
developed to promote the just and speedy resolution of disputes among persons from possibly different countries
involved in maritime commerce.

In Restoration England, the admiralty courts often battled the civil courts, for reasons more related to access to court
fees and jurisdictional power than legal policy and jurisprudence. In the United States, the tension between admiralty
courts and local courts has been more affected by the tensions inherent in our federal form of government. The
designation of a matter as an “admiralty” matter brings it within federal jurisdiction, and makes it subject to the
federal maritime law.

1 The necessary consequence is that the state law that would otherwise apply is supplanted by the federal rule of
decision. To balance the national interest in a uniform maritime law with the local state interest in preserving state
jurisdiction over local matters, the federal Judiciary Acts have noted that the federal courts have “original jurisdiction,
exclusive of the courts of the states” over “any civil case of admiralty or maritime jurisdiction,” but then goes on,
“saving to suitors in all cases all other remedies to which they are otherwise entitled” (this is referred to as the “Savings
to Suitors” clause).

2 Under that formulation, maritime cases are federal cases, subject to federal maritime law, and within the jurisdiction
of the federal courts. However, those maritime cases that present issues traditionally within state common law
jurisdiction—in other words, contract and tort cases—can still be tried in state courts. Despite that compromise, the
scope of maritime law remains in tension with the scope of state and other federal laws. Maritime law continues to
adapt to changing commercial practices and demands, such as those posed by intermodal shipping, mixed sale,
purchase, and delivery contracts, amphibious vehicles, and changing financial, social and employment standards.
However, the traditional rule of thumb remains generally true—matters that involve vessels, or the movement of
goods or people by water, will likely involve some aspect of maritime law. This chapter further outlines the reach and
scope of maritime law.

2. States that matters of safety protection of marine environment and conditions of employment are covered by
statute law

Part XII - Protection and preservation of the marine environment


Section 1 - General provisions
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 3 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Article 192
General obligation
States have the obligation to protect and preserve the marine environment.

Article 193
Sovereign right of States to exploit their natural resources
States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in
accordance with their duty to protect and preserve the marine environment.

Article 194
Measures to prevent, reduce and control pollution of the marine environment

1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are
necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose
the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavor to
harmonize their policies in this connection.

2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted
as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents
or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights
in accordance with this Convention.

3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These
measures shall include, inter alia, those designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources,
from or through the atmosphere or by dumping;
b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring
the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design,
construction, equipment, operation and manning of vessels;

(c) pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed
and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety
of operations at sea, and regulating the design, construction, equipment, operation and manning of such
installations or devices;
(d) pollution from other installations and devices operating in the marine environment, in particular measures for
preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the
design, construction, equipment, operation and manning of such installations or devices.

4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from
unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of
their duties in conformity with this Convention.

5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile
ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 4 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3. State that the main sources of maritime law are international conventions
What Is Maritime Law?
Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern private maritime
business and other nautical matters, such as shipping or offenses occurring on open water. International rules,
governing the use of the oceans and seas, are known as the Law of the Sea.

KEY TAKEAWAYS

• Maritime law governs private maritime questions, disputes, or offenses and other nautical matters.

• In most developed countries, the maritime law follows a separate code and is an independent jurisdiction from
national laws.

The IMO ensures that existing international maritime conventions are kept up to date and develops new agreements
when the need arises

Understanding Maritime Law

In most developed nations, maritime law follows a separate code and is an independent jurisdiction from national
laws. The United Nations (UN), through the International Maritime Organization (IMO), has issued numerous
conventions that can be enforced by the navies and coast guards of countries that have signed the treaty outlining
these rules. Maritime law governs many of the insurance claims relating to ships and cargo; civil matters between
shipowners, seamen, and passengers; and piracy.

Conventions are regularly amended to keep up with new business practices and technologies.

Additionally, maritime law regulates registration, license, and inspection procedures for ships and shipping contracts;
maritime insurance; and the carriage of goods and passengers.

The IMO (established in 1948 as the Inter-Governmental Maritime Consultative Organization, and coming into force
in 1958) is responsible for ensuring that existing international maritime conventions are kept up to date, as well as
developing new agreements as and when the need arises.

Today, there are dozens of conventions regulating all aspects of maritime commerce and transport. The IMO names
three conventions as its core:

• The International Convention for the Safety of Life at Sea

• The International Convention for the Prevention of Pollution from Ships

• The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers

On its website, the IMO has a complete list of existing conventions, historical amendments, and explanatory notes.

The governments of the 174 IMO member states are responsible for the implementation of IMO conventions for ships
registered in their nation. Local governments enforce the provisions of IMO conventions as far as their ships are

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 5 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

concerned and set the penalties for infringements. In some cases, ships must carry certificates onboard to show that
they have been inspected and have met the required standards.

Special Considerations
The country of registration determines a ship's nationality. For most ships, the national registry is the
country where the owners live and operate their business.

Ship owners will often register their ships in countries that allow foreign registration. Called "flags of convenience,"
the foreign registration is useful for tax planning and to take advantage of lenient local laws. Two examples of "flags
of convenience" countries are Panama and Bermuda.

4. State that the adoption of International conventions and agreements are intended to provide uniform practice
internationally

What is Maritime Law and what is its function

Maritime law, which is often referred to as admiralty law, is a fundamental branch of law that regulates commerce
and navigation on the seas or other navigable waters. It covers a broad spectrum of matters such as the development
of legislation, both nationally and internationally; customs and excise regulations; the fishing industry; human rights
and employment issues usually relating to the crew; insurance claims; property damage; the implications of
stowaways on vessels; pollution; personal injuries; wreck and salvage; piracy; and container and passenger liner
matters, etc.

The origins of maritime law date back to antiquity as did trade between nations through sea transport. It thus became
increasingly necessary to expand this scope of the law as no country may claim arbitrary jurisdiction over the seas.
Consensus between nations also became vital in the face of disputes.

With time, the principles of maritime law were developed and refined. However, it must be noted that although
general maritime law has developed internationally, it operates under the auspices and laws of an individual country
as each nation bases its own maritime law on the general international regulations with the modifications and
qualifications it deems essential and suitable to its particular needs.

In addition to the above, maritime law regulates the enforcement of contracts and commonly makes provision for
damages to parties who have suffered some form of loss at the hands of a contracting party that has failed to honor
or perform in accordance with their agreement. Such a contractual clause must be distinguished from the principle of
general average which contemplates the voluntary sacrifice made by the master of the ship in respect of cargo,
equipment or funds in order to mitigate further losses or damage in an emergency. The loss suffered by parties is thus
shared amongst other parties who have shared in the relevant venture.

The exception of force majeure in contracts usually also exists which relieves a party from any liabilities or obligations
whenever an extraordinary or unpredictable vent occurs, such as a war, strike, or an “act of God.”

The apparent entitlement of a party to “arrest” a vessel by means of legal action (provided that the law of a nation
recognizes and implements such legislation) is amongst further unique aspects of this legal discipline. Due to the fact
that South Africa is one such jurisdiction and which, by means of the Admiralty Jurisdiction Regulation Act, No. 105 of
1983, serves as the battleground over numerous ship arrests, the next 2-part article will highlight the basic principles
of ship arrests in South Africa.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 6 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5. State that a convention treaty between the States which have agreed to be bound by it to apply the principles
contained in the convention within their sphere of jurisdiction

Part II - Territorial sea and contiguous zone


Section 1 - General provisions
Article 2
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an
archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international
law.
Section 2 - Limits of the territorial sea

Article 3

Breadth of the territorial sea

Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles,
measured from baselines determined in accordance with this Convention.

Article 4

Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the
baseline equal to the breadth of the territorial sea.

Article 5

Normal baseline

Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial
sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.

Article 6

Reefs

In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of
the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially
recognized by the coastal State.

Article 7

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 7 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Straight baselines

1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in
its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing
the baseline from which the breadth of the territorial sea is measured.
2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the
appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding
subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the
coastal State in accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the
coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject
to the regime of internal waters
4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations
which are permanently above sea level have been built on them or except in instances where the drawing of
baselines to and from such elevations has received general international recognition.
5. Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining
particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of
which are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of
another State from the high seas or an exclusive economic zone.

Article 8

Internal waters

1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the
internal waters of the State.
2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect
of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage
as provided in this Convention shall exist in those waters.

Article 9

Mouths of rivers

If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points
on the low-water line of its banks.

Article 10

Bays

1. This article relates only to bays the coasts of which belong to a single State.
2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to
the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An
indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-
circle whose diameter is a line drawn across the mouth of that indentation
3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the
shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 8 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the
sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if
they were part of the water area of the indentation.
4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical
miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be
considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles,
a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum
area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called "historic" bays, or in any case where the system of straight
baselines provided for in article 7 is applied.

Article 11

Ports

For the purpose of delimiting the territorial sea, the outermost permanent harbor works which form an integral part
of the harbor system are regarded as forming part of the coast. Off-shore installations and artificial islands shall not
be considered as permanent harbor works.

Article 12

Roadsteads

Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise
be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.

Article 13

Low-tide elevations

1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but
submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the
breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as
the baseline for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the
mainland or an island, it has no territorial sea of its own.

Article 14

Combination of methods for determining baselines

The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit
different conditions.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 9 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Article 15

Delimitation of the territorial sea between States with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing
agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is
equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two
States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or
other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.

Article 16

Charts and lists of geographical coordinates

1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or
the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be
shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical
coordinates of points, specifying the geodetic datum, may be substituted.
2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy
of each such chart or list with the Secretary-General of the United Nations.

6. State that, to implement convention and other international agreement, a state must enact national legislation
giving effect to and enforcing its provisions
SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION
OF THE MARINE ENVIRONMENT

Article 207

Pollution from land-based sources

1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from
land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally
agreed rules, standards and recommended practices and procedures.

2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.

3. States shall endeavor to harmonize their policies in this connection at the appropriate regional level.

4. States, acting especially through competent international organizations or diplomatic conference, shall endeavor
to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and
control pollution of the marine environment from land-based sources, taking into account characteristic regional
features, the economic capacity of developing States and their need for economic development. Such rules, standards
and recommended practices and procedures shall be re-examined from time to time as necessary.

5. Laws, regulations, measures, rules, standards and recommended practices and procedures referred to in
paragraphs 1, 2 and 4 shall include those designed to minimize, to the fullest extent possible, the release of toxic,
harmful or noxious substances, especially those which are persistent, into the marine environment.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 10 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Article 208

Pollution from seabed activities subject to national jurisdiction

1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment
arising from or in connection with seabed activities subject to their jurisdiction and from artificial islands, installations
and structures under their jurisdiction, pursuant to articles 60 and 80.

2. States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3.

3. Such laws, regulations and measures shall be no less effective than international rules, standards and recommended
practices and procedures.

4. States shall endeavour to harmonize their policies in this connection at the appropriate regional level.

5. States, acting especially through competent international organizations or diplomatic conference, shall establish
global and regional rules, standards and recommended practices and procedures to prevent, reduce and control
pollution of the marine environment referred to in paragraph l. Such rules, standards and recommended practices
and procedures shall be re-examined from time to time as necessary.

Article 209

Pollution from activities in the Area

1. International rules, regulations and procedures shall be established in accordance with Part XI to prevent, reduce
and control pollution of the marine environment from activities in the Area. Such rules, regulations and procedures
shall be re-examined from time to time as necessary.

2. Subject to the relevant provisions of this section, States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from activities in the Area undertaken by vessels, installations, structures
and other devices flying their flag or of their registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than the international rules, regulations and
procedures referred to in paragraph 1.

Article 210

Pollution by dumping

1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment by
dumping.

2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.

3. Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the
competent authorities of States.

4. States, acting especially through competent international organizations or diplomatic conference, shall endeavour
to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 11 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

control such pollution. Such rules, standards and recommended practices and procedures shall be re-examined from
time to time as necessary.

5. Dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried
out without the express prior approval of the coastal State, which has the right to permit, regulate and control such
dumping after due consideration of the matter with other States which by reason of their geographical situation may
be adversely affected thereby.

6. National laws, regulations and measures shall be no less effective in preventing, reducing and controlling such
pollution than the global rules and standards.

Article 211

Pollution from vessels

1. States, acting through the competent international organization or general diplomatic conference, shall establish
international rules and standards to prevent, reduce and control pollution of the marine environment from vessels
and promote the adoption, in the same manner, wherever appropriate, of routeing systems designed to minimize the
threat of accidents which might cause pollution of the marine environment, including the coastline, and pollution
damage to the related interests of coastal States. Such rules and standards shall, in the same manner, be re-examined
from time to time as necessary.

2. States shall adopt laws and regulations for the prevention, reduction and control of pollution of the marine
environment from vessels flying their flag or of their registry. Such laws and regulations shall at least have the same
effect as that of generally accepted international rules and standards established through the competent international
organization or general diplomatic conference.

3. States which establish particular requirements for the prevention, reduction and control of pollution of the marine
environment as a condition for the entry of foreign vessels into their ports or internal waters or for a call at their off-
shore terminals shall give due publicity to such requirements and shall communicate them to the competent
international organization. Whenever such requirements are established in identical form by two or more coastal
States in an endeavour to harmonize policy, the communication shall indicate which States are participating in such
cooperative arrangements. Every State shall require the master of a vessel flying its flag or of its registry, when
navigating within the territorial sea of a State participating in such cooperative arrangements, to furnish, upon the
request of that State, information as to whether it is proceeding to a State of the same region participating in such
cooperative arrangements and, if so, to indicate whether it complies with the port entry requirements of that State.
This article is without prejudice to the continued exercise by a vessel of its right of innocent passage or to the
application of article 25, paragraph 2.

4. Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for
the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right
of innocent passage. Such laws and regulations shall, in accordance with Part II, section 3, not hamper innocent
passage of foreign vessels.

5. Coastal States, for the purpose of enforcement as provided for in section 6, may in respect of their exclusive
economic zones adopt laws and regulations for the prevention, reduction and control of pollution from vessels
conforming to and giving effect to generally accepted international rules and standards established through the
competent international organization or general diplomatic conference.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 12 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

6. (a) Where the international rules and standards referred to in paragraph 1 are inadequate to meet special
circumstances and coastal States have reasonable grounds for believing that a particular, clearly defined area of their
respective exclusive economic zones is an area where the adoption of special mandatory measures for the prevention
of pollution from vessels is required for recognized technical reasons in relation to its oceanographical and ecological
conditions, as well as its utilization or the protection of its resources and the particular character of its traffic, the
coastal States, after appropriate consultations through the competent international organization with any other
States concerned, may, for that area, direct a communication to that organization, submitting scientific and technical
evidence in support and information on necessary reception facilities. Within 12 months after receiving such a
communication, the organization shall determine whether the conditions in that area correspond to the requirements
set out above. If the organization so determines, the coastal States may, for that area, adopt laws and regulations for
the prevention, reduction and control of pollution from vessels implementing such international rules and standards
or navigational practices as are made applicable, through the organization, for special areas. These laws and
regulations shall not become applicable to foreign vessels until 15 months after the submission of the communication
to the organization.

(b) The coastal States shall publish the limits of any such particular, clearly defined area.

(c) If the coastal States intend to adopt additional laws and regulations for the same area for the prevention,
reduction and control of pollution from vessels, they shall, when submitting the aforesaid communication, at the same
time notify the organization thereof. Such additional laws and regulations may relate to discharges or navigational
practices but shall not require foreign vessels to observe design, construction, manning or equipment standards other
than generally accepted international rules and standards; they shall become applicable to foreign vessels 15 months
after the submission of the communication to the organization, provided that the organization agrees within 12
months after the submission of the communication.

7. The international rules and standards referred to in this article should include inter alia those relating to prompt
notification to coastal States, whose coastline or related interests may be affected by incidents, including maritime
casualties, which involve discharges or probability of discharges.

Article 212

Pollution from or through the atmosphere

1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from
or through the atmosphere, applicable to the air space under their sovereignty and to vessels flying their flag or vessels
or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices
and procedures and the safety of air navigation.

2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.

3. States, acting especially through competent international organizations or diplomatic conference, shall endeavour
to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and
control such pollution.

7. State that recommendations which are not internationally binding may be implemented by a State for ships
flying its flag

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 13 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Article 90

Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

Article 94

Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over
ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which
are excluded from generally accepted international regulations on account of their small size; and

(b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in
respect of administrative, technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard,
inter alia, to:

(a) the construction, equipment and seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable
international instruments;

(c) the use of signals, the maintenance of communications and the prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor
of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are
appropriate for the safe navigation of the ship;

(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification
and numbers for the type, size, machinery and equipment of the ship;

(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to
observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the
prevention, reduction and control of marine pollution, and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted
international regulations, procedures and practices and to take any steps which may be necessary to secure their
observance.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 14 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been
exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the
matter and, if appropriate, take any action necessary to remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine
casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury
to nationals of another State or serious damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State
into any such marine casualty or incident of navigation.

8. List the main originators of international conventions concerned with maritime law are:

ADMIRALTY AND MARITIME LAW GUIDE INTERNATIONAL CONVENTION

Arbitration and Legal Procedure

1. Convention for the Recognition and Enforcement of Foreign Arbitral Awards (1958)
The Convention is codified at 9 U.S.C. 201-208. See also the UNCITRAL Model Law on International Commercial
Arbitration (1985), the UNCITRAL Arbitration Rules and related arbitration materials at the UNCITRAL site.

2. The Inter-American Convention on International Commercial Arbitration (Panama City 1975)

3. Hague Convention of 1971 on the Recognition and Enforcement of Foreign Judgements in Civil and Commercial
Matters
See also the Supplementary Protocol to the Convention.

4. Preliminary Draft Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters
The diplomatic Conference continues to work on this draft convention.

5. Hague Convention of 1970 on the Taking of Evidence Abroad in Civil and Commercial Matters

6. Hague Convention of 1965 on the service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters

7. Vienna Convention on the Law of Treaties (1969)

Arrests
1. International Convention Relating to the Arrest of Sea-Going Ships (Brussels 1952)

2. International Convention on the Arrest of Ships (Geneva 1999)

Carriage of Goods and Passengers

1. The Hague Rules


The Visby Amendments
The Hague-Visby Rules concerning the carriage of goods by sea are the Hague Rules (International Convention for the
Unification of Certain Rules of Law relating to Bills of Lading (Brussels 1924)) as modified by the Visby Amendments

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 15 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading
(Brussels 1968)). See also the SDR Protocol (Brussels 1979) amending the Hague-Visby Rules.

2. The Hamburg Rules


The United Nations Convention on the Carriage of Goods by Sea (Hamburg 1968).

3. United Nations Convention on International Multimodal Transport of Goods (Geneva 1980)

4. Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva 1956) at Lex Mercatoria

5. United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980)

6. United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (Vienna 1991)

7. United Nations (UNCTAD) Minimum Standards for Shipping Agents (1988) at Lex Mercatoria

8. Convention on a Code of Conduct for Liner Conferences (Geneva 1974)

9. International Convention on Safe Containers (Geneva 1972)


See also the 1993 Amendments.

10. Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (Brussels 1971)

11. CMI Rules for Electronic Bills of Lading at CMI

12. CMI Uniform Rules for Seawaybills at CMI

13. Inter-Club New York Produce Exchange Agreement (1996)

14. International Commercial Terms 1990 (INCOTERMS) at Lex Mercatoria


A summary of the International Chamber of Commerce's (ICC) recognized definitions of shipping document terms
(FOB, CIF, FAS, etc.). See also the ICC's Uniform Customs and Practices for Documentary Credits (UCP 500).

15. Convention Relating to the Carriage of Passengers and their Luggage by Sea (Athens 1974)
See also the 1976 Protocol and the 1990 Protocol.

16. EC Convention on the Law Applicable to Contractual Obligations


(Rome 1980) at Lex Mercatoria
See also the Rome Convention web site.

Collision

1. Convention for the Unification of Certain Rules of Law with Respect to Collisions between Vessels (Brussels 1910)

2. Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) (London 1972)
See also the US Coast Guard's copy of the Inland and International Navigation Rules.

3. Convention on Facilitation of International Maritime Traffic (London 1965)

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 16 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

General Average

1. York Antwerp Rules (1994) at Lex Mercatoria


The latest version of the rules for adjusting General Average claims as prepared by the Comite Maritime International
(CMI). The rules apply as the result of contract, rather than through national legislation.

Law of the Sea

1. United Nations Convention on the Law of the Sea (UNCLOS)


The UN Convention on the Law of the Sea (UNCLOS) was open for signature in December, 1982, and came into force
on November 16, 1994. See also the site maintained by the UN Division for Ocean Affairs and the Law of the Sea,
which includes ratification information and other related documents.

Liens & Mortgages

1. International Convention on Maritime Liens and Mortgages (1993)

2. International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages (Brussels
1967)

3. United Nations Convention on Conditions for Registration of Ships (Geneva 1986)

4. Convention relating to Registration of Rights in respect of Vessels under Construction (Brussels 1967)

Limitation of Liability

1. International Convention relating to the Limitation of Liability of Owners of Sea-Going Ships (Brussels 1957)
See also the 1979 Protocol Amending the Convention.

2. Convention on Limitation of Liability for Maritime Claims (London 1976)


See also the 1996 Protocol to Amend the Convention (London).

Pollution & Environment

1. International Convention on Civil Liability for Oil Pollution (Brussels 1969)


See also the 1976 Protocol and 1992 London Protocol.

2. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage
(Brussels 1971)
See also the 1976 London Protocol and the 1992 London Protocol.

3. International Convention for the Prevention of Pollution from Ships (1973) (MARPOL) as amended by the Protocol
of 1978 (London) at the Australian Treaties Library
See also the 1996 Amendments to the 1978 Protocol (London) and the 1997 Protocol.

4. International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (Brussels
1987)

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 17 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5. International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London
Convention) (London 1972)
See also the 1996 Protocol and the London Convention web site.

6. International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) (London 1954)
See also the 1962 and the 1969 amendments.

7. International Convention on Oil Pollution Preparedness, Response and Co-Operation (London 1990)

8. International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous
and Noxious Substances by Sea (London 1996)

Port State Control

1. International Safety Management (ISM) Code (1993)


See also the Guidelines on the Implementation of the International Safety Management (ISM) Code (1995) and
the United States Coast Guard Port State Control (PSC) web site.

2. Mediterranean Memorandum of Understanding (MOU)


See the MOU text at the site.

3. Paris Memorandum of Understanding (MOU) at Paris MOU site


The 1982 Paris MOU consists of 18 participating maritime administrations and covers the waters of the European
coastal States and the North Atlantic basin from North America to Europe. Its aim is to eliminate the operation of sub-
standard ships through a system of Port State control. See also the Equasis site, which is an organization developed
by the European Commission and the French Maritime Administration to collect existing safety-related information
on ships from both public and private sources for posting on the Internet.

4. Tokyo MOU (1993) at Tokyo MOU site


Memorandum of Understanding on Port State Control in the Asia-Pacific Region.

5. Viña del Mar (1992) at Viña del Mar site


The Latin American Agreement on Port State Control of Vessels.

Safety at Sea

1. International Convention for the Safety of Life at Sea (SOLAS) (London 1974) at the Australian Treaties Library
See also the Protocol of 1978 and the Protocol of 1988 and the Amendments to the Annex (1995).

2. Amendments to the Annex of SOLAS, including the International Ship and Port Facility Security (ISPS)Code (London
2002)

3. International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive
Wastes on Board Ships (INF Code) (London 1999)

4. International Convention on Load Lines (London 1966) at the Australian Treaties Library
See also the 1988 Protocol.

5. International Convention on Tonnage Measurement of Ships (London 1969)

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 18 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

6. International Convention on Maritime Search and Rescue (Hamburg 1979)


See also the 1998 Amendments.

7. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) (London
1978)

8. Seafarers Training, Certification and Watchkeeping Code (STCW) (1995) at the USCG Site
See also the U.S. Coast Guard's web site concerning the Code.

9. International Convention for the Safety of Fishing Vessels (Torremolinos 1977) at the Australian Treaties Library

10. Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome 1988)

11. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platform Located on the Continental
Shelf (Rome 1988)

Salvage

1. Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea (Brussels 1910)
See also the 1967 Protocol.

2. International Convention on Salvage (London 1989)

Seafarers

1. ILO Convention Concerning Seafarers' Hours of Work and the Manning of Ships (1996)

2. ILO Convention Concerning the Repatriation of Seafarers (1987)

3. ILO Convention Concerning Health Protection and Medical Care for Seafarers (1987)

4. ILO Convention Concerning Seafarers' Welfare at Sea and in Port (1987)

5. ILO Convention Concerning Minimum Standards in Merchant Ships (1976)


See also the 1996 Protocol

6. International Labour Organization - ILOLEX


This is the conventions database of the ILO, which includes additional conventions concerning seafarers and
information on treaty status and ratifications.

Treaty Ratifications & Status

1. IMO Conventions
IMO's site includes a directory of IMO sponsored maritime conventions - a helpful summary of the individual
conventions and each related protocol or amendment. IMO also provides complete information on the status and
ratification of each convention.

2. Comite Maritime International (CMI)


CMI provides ratification information on the UN, Brussels, IMO and Unidroit maritime conventions.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 19 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3. Environmental Treaties and Resource Indicators


Ratification information on marine environmental treaties is available here.

4. International Labour Organization (ILO) Treaty Ratifications


Information on the ratification and status of ILO treaties is available here.

5. InforMare
This online shipping publication maintains a chart showing the ratification status of certain conventions, including the
Hague-Visby Rules, the Limitation Convention, CMR and the Warsaw Convention.

6. United Nations - Status of Multilateral Treaties


The United Nations provides the most comprehensive information on the status of treaties, but it is fee based.

Treaty Databases & Directories

1. Australian Treaties Library


This is a superb online collection of multilateral treaties maintained by the Australian Department of Foreign Affairs
and Trade. The database is searchable with the assistance of the Australasian Legal Information Institute.

2. Canado-American Treaties
This is a government and academic sponsored site that provides free access to the text of all bilateral treaties between
the United States and Canada from 1783 to 1997.

3. Council of Europe, Treaty Office


This is an excellent portal into the European Treaty Series database. It provides the full text of treaties, information
on ratification and entry into force, treaty summaries and explanatory reports.

4. EcoLex
EcoLex is a joint project of the United Nations Environment Programme (UNEP) and the World Conservation Union.
The site uses the Union's Environmental Law Information System (ELIS) and full text information available from UNEP's
Computerised Environmental Law Information Base (CELIB) and other sources. The database includes national
legislation, treaties and court decisions.

5. Environmental Treaties and Resource Indicators


An exhaustive collection of environmental treaties, including the marine environment, from Columbia University.

6. Hague Conference on Private International Law


Conventions concluded under the Hague Conference auspices, with status and ratification information.

7. Internet Guide to International Fisheries Law


This is a comprehensive site for information on international fisheries law and management, which includes a large
collection of international agreements.

8. Marine and Coastal Treaties


A database of ocean and coastal treaties maintained by the Multilateral Treaties Project at Tufts University.

9. United Nations Treaty Collection


The UN maintains its large database of multilateral treaties, but the database is fee based.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 20 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

10. U.S. Department of State (Legal Advisor)


The Treaties in Force page with an index of Treaties of the United States. The Legal Advisor also maintains a Private
International Law index.

9. International Maritime Organization (IMO)

Introduction to IMO

IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the
safety and security of shipping and the prevention of marine and atmospheric pollution by ships. IMO's work supports
the UN SDGs.(Sustainable Development Goals)

As a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and
environmental performance of international shipping. Its main role is to create a regulatory framework for the
shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by
simply cutting corners and compromising on safety, security and environmental performance. This approach also
encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are
themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process
takes place.

International shipping transports more than 80 per cent of global trade to peoples and communities all over the world.
Shipping is the most efficient and cost-effective method of international transportation for most goods; it provides a
dependable, low-cost means of transporting goods globally, facilitating commerce and helping to create prosperity
among nations and peoples.

The world relies on a safe, secure and efficient international shipping industry – and this is provided by the regulatory
framework developed and maintained by IMO.

IMO measures cover all aspects of international shipping – including ship design, construction, equipment, manning,
operation and disposal – to ensure that this vital sector for remains safe, environmentally sound, energy efficient and
secure.

Shipping is an essential component of any programme for future sustainable economic growth. Through IMO, the
Organization’s Member States, civil society and the shipping industry are already working together to ensure a
continued and strengthened contribution towards a green economy and growth in a sustainable manner. The
promotion of sustainable shipping and sustainable maritime development is one of the major priorities of IMO in the
coming years.

As part of the United Nations family, IMO is actively working towards the 2030 Agenda for Sustainable Development
and the associated SDGs. Indeed, most of the elements of the 2030 Agenda will only be realized with a sustainable
transport sector supporting world trade and facilitating global economy. IMO’s Technical Cooperation Committee has
formally approved linkages between the Organization’s technical assistance work and the SDGs. While the oceans
goal, SDG 14, is central to IMO, aspects of the Organization's work can be linked to all individual SDGs.

Energy efficiency, new technology and innovation, maritime education and training, maritime security, maritime
traffic management and the development of the maritime infrastructure: the development and implementation,

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 21 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

through IMO, of global standards covering these and other issues will underpin IMO's commitment to provide the
institutional framework necessary for a green and sustainable global maritime transportation system.

IMO and the Sustainable Development Goals

United Nations Sustainable Development Goals

In 2015, 193 countries adopted the 2030 Agenda for Sustainable Development and its 17 Sustainable Development
Goals (SDGs).

This Agenda calls for action by all countries to eradicate poverty and achieve sustainable development by 2030 world-
wide – and the SDGs are seen as an opportunity to transform the world for the better and leave no one behind.

As part of the United Nations family, IMO is actively working towards the 2030 Agenda for Sustainable Development
and the associated SDGs. Indeed, most of the elements of the 2030 Agenda will only be realized with a sustainable
transport sector supporting world trade and facilitating global economy. IMO’s Technical Cooperation Committee has
formally approved linkages between the Organization’s technical assistance work and the SDGs.

While SDG 14 is central to IMO, aspects of the Organization's work can be linked to all individual SDGs, as can be seen
below. Click here to download the IMO SDG brochure.

The Sustainable Development Goals provide a blueprint for the transition to a healthier planet and a more just world
— for present and future generations. With concrete targets, the Goals aim to end poverty and hunger, expand access
to health, education, justice and jobs, promote inclusive and sustained economic growth, while protecting our planet
from environmental degradation.

Action for people and planet - United Nations High Level Week

The decade 2020-2030 needs to be a decade of action and delivery on these goals. In order to achieve this, the
Secretary General of the United Nations, Antonio Guterres, has asked for all world leaders to focus on the Sustainable
Development Goals.

The International Maritime Organization, in line with the IMO Secretariat's SDG Strategy and with the 2020 World
Maritime Theme of "Sustainable shipping for a sustainable planet" is ready to further raise awareness of the United
Nations' Sustainable Development Goals and to support Member States in their efforts to implement the 2030 Agenda
and make 2020-2030 a decade of action.

1 NO POVERTY

End poverty in all its forms everywhere

Billions of people all over the world rely on maritime transport in their everyday lives – even though they may
not realise it. As the most cost-effective and fuel-efficient way to carry goods, shipping forms the backbone of world
trade. It provides a dependable, low-cost means of transport, facilitating commerce and helping create prosperity
among nations and peoples. By providing improved access to basic materials, goods and products, shipping is
expected to help lift millions of people out of poverty.

Shipping is an essential component of any programme for future sustainable economic growth. Through IMO, the
Organization’s Member States, civil society and the shipping industry are working together to ensure a continued and
strengthened contribution towards a green economy and sustainable growth.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 22 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

IMO is the global standard-setting authority for international shipping. It has adopted more than 50 international
instruments which, together, create a regulatory framework that ensures shipping is safe, secure and environment-
friendly.

2 ZERO HUNGER

End hunger, achieve food security and improved nutrition and promote sustainable agriculture

Fish is a major source of nutrition globally, and IMO is working with the Food and Agriculture Organization of the
United Nations (FAO) to address illegal, unreported and unregulated (IUU) fishing. IUU Fishing is a serious issue for
the global fishing sector that impacts negatively on safety, on environmental issues, on conservation and on
sustainability. In addition to harming fish populations, IUU fishing creates unfair market competition for – and
threatens the livelihoods of – fishers who follow sustainable practices.

In a wider context, international shipping plays an essential role in the import and export of food all around the world,
ensuring that growers, producers and consumers all have access to one another. IMO measures ensure that shipping
is safe, secure and environment friendly.

3 GOOD HEALTH AND WELL-BEING

Ensure healthy lives and promote well-being for all at all ages

More than a billion people live in coastal areas and this number is set to increase sharply in the coming years. IMO's
conventions and other instruments not only contribute to the reduction of shipping-related pollution in the wider
oceans, but also in ports and coastal regions.

For example, atmospheric emissions from ships are strictly regulated globally; and, in addition, IMO has designated a
number of Emission Control Areas in which more stringent rules apply.

Furthermore, 1 January 2020 has been set as the implementation date for a significant reduction in the sulphur
content of fuel oil used by ships. This is expected to have a major beneficial impact on the environment and on human
health particularly that of people living in port cities and coastal communities, beyond the existing Emission Control
Areas.

4 QUALITY EDUCATION

Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all

In the maritime world, education and training are vital. But their importance extends far beyond shipping itself. The
safety and security of life at sea, the protection of the marine environment and the efficient movement of global trade
depend on the professionalism and competence of seafarers. The IMO's International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW) sets global standards of competence for seafarers and
effective mechanisms for enforcing its provisions.

IMO also contributes to inclusive and high-quality education by providing training activities, in particular through its
technical cooperation programmes and its global maritime training institutions – the World Maritime University
(WMU) and the IMO International Maritime Law Institute (IMLI).

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 23 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5 GENDER EQUALITY

Achieve gender equality and empower all women and girls

Shipping has historically been a male-dominated industry and that tradition runs long and deep. However, IMO
believes that empowering women fuels thriving economies, spurs productivity and growth, and benefits every
stakeholder in the global maritime community. Through its Women in Maritime programme, IMO encourages its
Member States to enable women to train alongside men in their maritime institutes and acquire the high-level of
competence that the maritime industry demands.

IMO supports gender equality and the empowerment of women through gender specific fellowships; by facilitating
access to high-level technical training for women in the maritime sector in developing countries. By creating the
environment in which women are identified and selected for career development opportunities in maritime
administrations, ports and maritime training institutes.

6 CLEAN WATER AND SANITATION

Ensure access to water and sanitation for all

There is enough fresh water on the planet for everyone to have access to clean water. But due to bad economics or
poor infrastructure, every year millions of people die from diseases associated with inadequate water
supply, sanitation and hygiene. Effective management of waste disposal and dumping is vital if this goal is to be
achieved; the London Convention and its Protocol regulate dumping and waste disposal at sea, a key component of
the overall waste-management cycle.

7 AFFORDABLE AND CLEAN ENERGY

Ensure access to affordable, reliable, sustainable and modern energy for all

IMO contributes to international cooperation to facilitate access to clean energy research and technology,
in particular energy-efficiency and advanced, cleaner fossil-fuel technology, and promotes investment in energy
infrastructure and clean-energy technology.

One important example is the Global Maritime Energy Efficiency Partnership (GloMEEP), a joint project of the Global
Environment Facility (GEF), United Nations Development Programme (UNDP) and IMO. This was formally launched in
September 2015 and is now well underway. Focussing on developing countries, where shipping is increasingly
concentrated, GloMEEP is creating global, regional and national partnerships to build capacity to address maritime
energy efficiency and for countries to bring this issue into the mainstream within their own development policies, and
dialogues.

GloMEEP recently launched the Global Industry Alliance to Support Low Carbon Shipping, in which a group of world-
leading private companies from different sectors of the industry are coming together to contribute to tackling the
challenges of decarbonizing the shipping sector.

Another key initiative is the GMN project, formally entitled "Capacity Building for Climate Mitigation in the Maritime
Shipping Industry". This will enable developing countries, especially Least Developed Countries and Small Island
Developing States, in five target regions to effectively implement energy-efficiency measures through technical
assistance, capacity building and promoting technical cooperation.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 24 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

8 DECENT WORK AND ECONOMIC GROWTH

Promote inclusive and sustainable economic growth, full and productive employment and decent work for all

Today we all depend on seafarers for most of the things we take for granted in our everyday lives. Over one million
seafarers operate the global fleet – they bring both the essentials and the luxuries of life to billions of people. Shipping
is essential to the world – but there would be no shipping without seafarers.

A concern for seafarer welfare, both as employees and as individuals, can be seen in IMO's continuing work on issues
such as fatigue, fair treatment and liability and compensation for seafarers – not to mention the annual Day of the
Seafarer, celebrated each year on June 25th, when IMO campaigns globally to give wider recognition to seafarers.

IMO also cooperates with the International Labour Organization (ILO) to address various issues concerning health
services and social security protection for seafarers.

9 INDUSTRY. INNOVATION AND INFRASTRUCTURE

Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation

Technological advances, such as autonomous ships and developments in the port sector, are key to building resilient
infrastructure and central to the effective functioning of the whole transportation sector and, therefore, a major
driver for the delivery of many SDGs. Ultimately, more efficient shipping, working in partnership with the port sector,
will be a major driver towards global stability and sustainable development for the good of all people. IMO contributes
to SDG 9 by providing a legal and regulatory framework, capacity-building initiatives and a forum for Member States
to exchange knowledge and experience.

IMO regulations for shipping provide a tangible focus for innovators and technologists to develop innovative, game-
changing technical solutions. In response to IMO regulations, new technologies have already brought significant
beneficial changes in the way ships are designed, constructed and operated, contributing to a more interconnected
and efficient global supply chain.

Investment, growth and improvement in the shipping and ports sectors are clear indications of a country or a region
that is enjoying success in the present and planning for more success in the future.

By promoting trade by sea, nurturing national shipping lines and promoting seafaring as a career; by improving port
infrastructure and efficiency; by developing and strengthening inter-modal links and hinterland connections; by
managing and protecting fisheries, exploring offshore energy production and even by fostering tourism – maritime
activity can both drive and support a growing national economy.

Improved economic development, supported by sustainable maritime development and underpinned by good
maritime security, will support the Post-2015 Development Agenda and complement United Nations initiatives by
addressing some of the factors that lead to instability, insecurity and uncontrolled mixed migration.

10 REDUCED INEQUALITIES

Reduce inequality within and among countries

IMO contributes to SDG 10 by providing extensive technical cooperation assistance to developing countries. While
the Organization adopts international shipping regulations, it is the responsibility of governments to implement those
regulations. IMO has developed an Integrated Technical Cooperation Programme (ITCP) which is designed to assist

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 25 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

governments which lack the technical knowledge and resources that are needed to operate a shipping industry safely
and efficiently.

IMO's ITCP has a mission statement to "help developing countries improve their ability to comply with international
rules and standards relating to maritime safety and the prevention and control of maritime pollution, giving priority
to technical assistance programmes that focus on human resources development and institutional capacity-building."

11 SUSTAINABLE CITIES AND COMMUNITIES

Make cities and human settlements inclusive, safe, resilient and sustainable

Sustainable cities and communities rely on a secure supply chain. IMO's work to enhance maritime safety and security
helps protect the global logistical infrastructure.

For the connections between ships, port cities and the people who live in them to be safe, resilient and sustainable,
they must also be secure. IMO helps its Member States enhance maritime security, focussing on what the civil
maritime industry, embracing both the shipping and port sectors, can do to protect itself and to protect global
maritime trade. The emphasis is on preventive security through risk management, deterrence and threat transfer,
raising global standards and setting norms for the safety, security and efficiency of ports and for port and coastal State
authorities

Through its work on the facilitation of international maritime traffic, IMO also has an interest in mixed migration by
sea, preventing drug smuggling, cybersecurity and prevention of stowaways.

12 RESPONSIBLE CONSUMPTION AND PRODUCTION

Ensure sustainable consumption and production patterns

IMO contributes to SDG 12 through the reduction of waste generation, both operational waste from ships (through
the MARPOL Convention) and dumping of wastes under the London Convention and Protocol (LC/LP).
For garbage and several other types of waste generated on board ships, MARPOL requires port States to provide
adequate reception facilities for the safe and sound management of wastes.

IMO also works to enhance technical capacities in wastewater management on board ships and in ports, and to
promote recycling, cleaner production technologies and more sustainable consumption patterns.

IMO's Hong Kong International Convention provides a framework for safe and environmentally sound recycling of
ships themselves.

13 CLIMATE ACTION

Take urgent action to combat climate change and its impacts

Responding to climate change is one of the greatest challenges of our era and one which IMO has been tackling for
some time. In its role as the global regulator of international shipping, IMO has developed a raft of measures designed
to control emissions from the shipping sector.

IMO continues to contribute to the global fight against climate change, in support of the UN Sustainable
Development Goal 13, to take urgent action to combat climate change and its impacts.

In 2018, IMO adopted an initial IMO strategy on reduction of GHG emissions from ships, setting out a vision which
confirms IMO’s commitment to reducing GHG emissions from international shipping and to phasing them out as soon
as possible.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 26 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Thanks to IMO, international shipping was the first global industry sector to be subject to mandatory, binding energy-
efficiency regulations and standards designed to address GHG emissions throughout the industry.

Emissions from international shipping are regulated by Annex VI of IMO's MARPOL Convention. They cover air
pollution, energy efficiency and greenhouse gas (GHG) emissions.

In addition, the London Protocol addresses carbon capture and sequestration in subsea geological formations and
marine geoengineering, such as ocean fertilization, which have great potential for climate change mitigation.

Combatting climate change will continue to be a vital strategic direction for IMO, both in short and the long term.
IMO will continue to develop appropriate, ambitious and realistic solutions to minimize shipping’s contribution to air
pollution and its impact on climate change.

14 LIFE BELOW WATER

Conserve and sustainably use the oceans, seas and marine resources for sustainable development

Because international shipping takes place on the world's oceans, the work of IMO, which is responsible for measures
to improve the safety and security of international shipping and to prevent pollution from ships, is integral to most, if
not all, of the SDG 14 targets. To be sustainable, human activities have to be balanced with the oceans' capacity to
remain healthy and diverse in the long term. A major part of IMO's role is to ensure that shipping continues to make
its contribution to the global economy without upsetting that delicate balance.

IMO covers all aspects of international shipping – including ship design, construction, equipment, manning, operation
and disposal – to ensure that this vital sector remains safe, environmentally sound, energy efficient and secure.

Implementing and enforcing the main conventions and regulations adopted by IMO Member States actively addresses
marine pollution, mainly from sea-based sources but also, at least indirectly, from land-based sources.

IMO also supports the targets for managing and protecting marine and coastal ecosystems, not least through the
establishment of Special Areas and Particularly Sensitive Sea Areas. Protecting marine biodiversity has also been a key
theme for IMO for many years, most notably in its work to mitigate the threat of harmful invasive species being carried
around the world by ships.

To help protect maritime wildlife, IMO's work includes reduction of underwater noise from ships and adopting
measures to avoid collisions between ships and marine mammals. IMO has also banned the discharge of harmful
litter from ships, and is part of the Global Partnership on Marine Litter, while the dumping of wastes at sea is regulated
by the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, commonly
called the London Convention, and its 1996 Protocol.

15 LIFE ON LAND

Sustainably manage forests, combat desertification, halt and reverse land degradation, halt biodiversity loss

Although IMO is a maritime agency, our work also contributes to some of the targets associated with Goal 15.

The main benefits of IMO's efforts to conserve biodiversity through measures to curtail the global spread of invasive
alien species by ships (related to the management of ballast water and biofouling) are primarily felt in the seas and
oceans – but they also have a positive impact on certain key freshwater ecosystems such as the Great Lakes and the
river systems of South America.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 27 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

The Organization is also part of global efforts to halt illegal wildlife poaching and trafficking, as a member of the United
for Wildlife Transport Task Force, which helps to stop illegal wildlife trafficking and thereby reduce demand. IMO also
works to strengthen security in ports and make it easier to spot and prevent illegal shipments.

16 PEACE, JUSTICE AND STRONG INSTITUTION

Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build
effective, accountable and inclusive institutions at all levels

IMO facilitates the global maritime transportation system through its global regime of treaties covering myriad aspects
of ships and shipping. IMO assists developing countries in building effective institutions to ensure the safe, secure and
environmentally protective flow of maritime commerce.

Students from IMO's educational establishments (the World Maritime University and the International Maritime Law
Institute) often provide the core institutional capacity in their home countries to successfully implement the global
regulatory regime for international shipping.

17 PARTNERSHIPS FOR THE GOALS

Strengthen the means of implementation and revitalize the global partnership for sustainable development

SDG 17 calls upon global partnerships to support the achievement of the SDGs in all countries, in particular developing
countries.

IMO currently has partnership arrangements with more than 60 IGOs and more than 70 NGOs, including major global
environmental organizations and bodies.

IMO actively pursues specific partnerships with its Member States and others to execute individual projects or
initiatives at both regional and global level. Most of these are aimed at developing regions, which typically benefit
from training events, fellowships and technical advisory missions.

Major examples of recent partnership initiatives from IMO include the Globallast Partnerships Project (with the GEF
and UNDP), the Global Industry Alliance, under the GloMEEP Project, and the GMN Project (with EU funding) with its
five regional centres of excellence for maritime technology.

Together, these and many other partnerships involving IMO make a significant contribution to the sustainable
development of the maritime community.

10. International Labor Organization (ILO)

About the ILO

The only tripartite U.N. agency, since 1919 the ILO brings together governments, employers and workers of 187
member States , to set labour standards, develop policies and devise programmes promoting decent work for all
women and men.

How the ILO works

Tripartism and social dialogue

Underlying the ILO’s work is the importance of cooperation between governments and employers’ and workers’
organizations in fostering social and economic progress.

The ILO aims to ensure that it serves the needs of working women and men by bringing together governments,
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 28 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

employers and workers to set labour standards, develop policies and devise programmes. The very structure of the
ILO, where workers and employers together have an equal voice with governments in its deliberations, shows social
dialogue in action. It ensures that the views of the social partners are closely reflected in ILO labour standards, policies
and programmes.

The ILO encourages this tripartism within its constituents - employers , workers and member States , by promoting a
social dialogue between trade unions and employers in formulating, and where appropriate, implementing national
policy on social, economic, and many other issues.

Main bodies

The ILO accomplishes its work through three main bodies which comprise governments', employers' and workers'
representatives:

•the International labour Conference sets the International labour standards and the broad policies of the ILO. It
meets annually in Geneva. Often called an international parliament of labour, the Conference is also a forum for
discussion of key social and labour questions.

•the Governing body is the executive council of the ILO. It meets three times a year in Geneva. It takes decisions on
ILO policy and establishes the programme and the budget, which it then submits to the Conference for adoption.

•the International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal
point for International Labour Organization's overall activities, which it prepares under the scrutiny of the Governing
Body and under the leadership of the Director-General .

The work of the Governing Body and of the Office is aided by tripartite committees covering major industries. It is also
supported by committees of experts on such matters as vocational training, management development, occupational
safety and health, industrial relations, workers’ education, and special problems of women and young workers.

•Regional meetings of the ILO member States are held periodically to examine matters of special interest to the
regions concerned.

Standards supervisory system

International labour standards are backed by a supervisory system that is unique at the international level and that
helps to ensure that countries implement the conventions they ratify. The ILO regularly examines the application of
standards in member states and points out areas where they could be better applied. If there are any problems in the
application of standards, the ILO seeks to assist countries through social dialogue and technical assistance.

The ILO has developed various means of supervising the application of Conventions and Recommendations in law and
practice following their adoption by the International Labour Conference and their ratification by States. There are
two kinds of supervisory mechanism

Partnering for development

Since the early 1950s, the ILO has been providing technical cooperation to countries on all continents and at all stages
of economic development. Projects are implemented through close cooperation between recipient countries, donors,
and the ILO, which maintains a network of country offices worldwide.

Development cooperation builds bridges between the ILO’s standard-setting role and women and men everywhere.
It is essential to give people decent work opportunities and an important means of assisting our constituents –

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 29 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

workers, employers and governments – in making the Decent Work Agenda a reality. Simply put, development
cooperation supports the technical, organizational and institutional capacities of ILO constituents for them to put in
place meaningful and coherent social policy and ensure sustainable development.

With over 50 years of experience in development cooperation on all continents and at all stages of development, the
ILO today has over 600 programmes and projects in more than 100 countries – with the support of 120 development
partners.

Programme and budget

The Programme and Budget of the Organization which sets out the strategic objectives and expected outcomes for
the Organization’s work is approved every two years by the International Labour Conference.

Mission and impact of the ILO

Promoting jobs, Protecting people

The International Labour Organization (ILO) is devoted to promoting social justice and internationally recognized
human and labour rights, pursuing its founding mission that social justice is essential to universal and lasting peace.

Only tripartite U.N. agency, the ILO brings together governments, employers and workers representatives of 187
member States , to set labour standards, develop policies and devise programmes promoting decent work for all
women and men.

Today, the ILO's Decent Work agenda helps advance the economic and working conditions that give all workers,
employers and governments a stake in lasting peace, prosperity and progress.

Four strategic objectives at the heart of the Decent Work agenda

• Set and promote standards and fundamental principles and rights at work

• Create greater opportunities for women and men to decent employment and income

• Enhance the coverage and effectiveness of social protection for all

• Strengthen tripartism and social dialogue

Unmatched expertise and knowledge about the world of work

In support of its goals, the ILO offers unmatched expertise and knowledge about the world of work, acquired over
almost 100 years of responding to the needs of people everywhere for decent work, livelihoods and dignity. It serves
its tripartite constituents - and society as a whole - in a variety of ways, including:

• Formulation of international policies and programmes to promote basic human rights, improve working and living
conditions, and enhance employment opportunities

• Creation of international labour standards backed by a unique system to supervise their application

• An extensive programme of international technical cooperation formulated and implemented in an active


partnership with constituents, to help countries put these policies into practice in an effective manner

• Training, education and research activities to help advance all of these efforts

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 30 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

History of the ILO

As the ILO celebrates its 100th anniversary in 2019, it is timely to reflect on the many life-changing events which are
linked to the ten decades of ILO history.

The Organization has played a role at key historical junctures – the Great Depression, decolonization, the creation of
Solidarność in Poland, the victory over apartheid in South Africa – and today in the building of an ethical and
productive framework for a fair globalization.

It was created in 1919, as part of the Treaty of Versailles [PDF 837KB] that ended World War I, to reflect the belief
that universal and lasting peace can be accomplished only if it is based on social justice.

History Research Guide

The Constitution of the ILO was drafted in early 1919 by the Labour Commission, chaired by Samuel Gompers, head
of the American Federation of Labour (AFL) in the United States. It was composed of representatives from nine
countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States.

The process resulted in a tripartite organization, the only one of its kind, bringing together representatives of
governments, employers and workers in its executive bodies.

The driving forces for the ILO's creation arose from security, humanitarian, political and economic considerations. The
founders of the ILO recognized the importance of social justice in securing peace, against a background of the
exploitation of workers in the industrializing nations of that time. There was also increasing understanding of the
world's economic interdependence and the need for cooperation to obtain similarity of working conditions in
countries competing for markets.

Reflecting these ideas, the Preamble of the ILO Constitution states:

• Whereas universal and lasting peace can be established only if it is based upon social justice;

• And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people
as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those
conditions is urgently required;

• Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other
nations which desire to improve the conditions in their own countries.

The areas of improvement listed in the Preamble remain relevant today, including the regulation of working time and
labour supply, the prevention of unemployment and the provision of an adequate living wage, social protection of
workers, children, young persons and women. The Preamble also recognizes a number of key principles, for
example equal remuneration for work of equal value and freedom of association , and highlights, among others, the
importance of vocational and technical education.

Early years

The ILO moved to Geneva in the summer of 1920, with France's Albert Thomas as its first Director. Nine International
Labour Conventions and 10 Recommendations were adopted in less than two years. These standards covered key
issues, including:

• hours of work ,

• unemployment ,

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 31 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• maternity protection ,

• night work for women ,

• minimum age , and

• night work for young persons .

A Committee of Experts was set up in 1926 to supervise the application of ILO standards. The Committee, which still
exists today, is composed of independent jurists responsible for examining government reports and presenting each
year to the Conference its own report on the implementation of ILO Conventions and Recommendations.

The Great Depression, with its resulting massive unemployment, soon confronted Britain's Harold Butler , who
succeeded Albert Thomas as Director in 1932. Realizing that handling labour issues also requires international
cooperation, the United States became a Member of the ILO in 1934, although it continued to stay out of the League
of Nations.

The American, John Winant , took over as head of the ILO in 1939 - just as the Second World War was imminent. He
moved the ILO's headquarters temporarily to Montreal, Canada, in May 1940 for reasons of safety.

His successor, Ireland's Edward Phelan , had helped to write the 1919 Constitution and played an important role once
again during the Philadelphia meeting of the International Labour Conference, in the midst of the Second World War.

Government delegates, employers and workers from 41 countries adopted the Declaration of Philadelphia as an
annex to the ILO Constitution. The Declaration still constitutes the Charter of the aims and objectives of the ILO. The
Declaration sets out the key principles for the ILO’s work after the end of World War II. These include that “labour is
not a commodity”, and that “all human beings, irrespective of race, creed or sex, have the right to pursue both their
material well-being and their spiritual development in conditions of freedom and dignity, of economic security and
equal opportunity“.

Going global

In 1946, the ILO became a specialized agency of the newly formed United Nations.

America's David Morse was Director-General from 1948-1970, when the number of Member States doubled and the
Organization took on its universal character. Industrialized countries became a minority among developing countries,
the budget grew five-fold and the number of officials quadrupled.

The ILO established the Geneva-based International Institute for Labour Studies in 1960 and the International Training
Centre in Turin in 1965. The Organization won the Nobel Peace Prize on its 50th anniversary in 1969.

Under Britain's Wilfred Jenks , Director-General from 1970-73, the ILO advanced further in the development of
standards and mechanisms for supervising their application, particularly the promotion of freedom of association and
the right to organize.

His successor, Francis Blanchard of France, expanded ILO's technical cooperation with developing countries. The ILO
played a major role in the emancipation of Poland from dictatorship by giving its full support to the legitimacy of the
Solidarnosc Union, based on respect for Convention No. 87 on freedom of association, which Poland had ratified in
1957.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 32 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Belgium's Michel Hansenne succeeded him in 1989 and guided the ILO into the post-Cold War period, emphasizing
the importance of placing social justice at the heart of international economic and social policies. He also set the ILO
on a course of decentralization of activities and resources away from the Geneva headquarters.

In March 1999, Juan Somavia of Chile took over as Director-General. He emphasized the importance of making decent
work a strategic international goal and promoting a fair globalization. He also underlined work as an instrument of
poverty alleviation and the ILO's role in helping to achieve the Millennium Development Goals, including cutting world
poverty in half by 2015.

Under Somavia, the ILO established the World Commission on the Social Dimension of Globalization, which published
a major report responding to the needs of people as they cope with the unprecedented changes that globalization
has brought to societies.

In May 2012, Guy Ryder (UK) was elected as the tenth Director-General of the ILO. He was re-elected to his second
five-year term in November 2016. Ryder has emphasised that the future of work is not predetermined: Decent work
for all is possible but societies have to make it happen. It is precisely with this imperative that the ILO established
its Global Commission on the Future of Work as part of its initiative to mark its centenary in 2019.

11. Committee Maritime International (CMI)

The name of this organization is the “Comité Maritime International.” It is a non-governmental not-for-profit
international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate
means and activities to the unification of maritime law in all its aspects.

To this end it shall promote the establishment of national associations of maritime law and shall co-operate with other
international organizations.

The Comite Maritime International is incorporated in Belgium as an Association Internationale sans but lucratif (AISBL)
l Internationale Verenigingzerond Winstoogmerk (IVZW) under the Belgian Act of 27 June 1921 as later amended. It
has been granted juridical personality by Royal Decree of 9 November 2003. Its statutory seat is at Ernest Van Dijckkaai
8, 2000 Antwerpen. Its statutory seat maybe changed within Belgium by decision of the Executive Council.

Comite Maritime International: How does it work?

When we talk about being members in international maritime organizations, typically the discussion on these pages
circles around the Baltic and International Maritime Council (BIMCO). While BIMCO is important regionally, the most
significant maritime organization globally, next to perhaps the IMO, is the venerable Comite Maritime International
(CMI).

The CMI is reflected downward in diverse national maritime law associations. In the United States, for example, this
is the Maritime Law Association of the United States (MLAUS), of which we are big supporters. In Germany, it is the
German Association for International Maritime Law (DeutschesVereinfürInternationalesSeerecht - DVIS), which is
headquartered in the Free and Hanseatic City of Hamburg.

From time to time, the CMI will launch national questionnaires about maritime topics which are distributed to the
national maritime law associations. The goal of such questionnaires generally is to poll national maritime law
associations and gain insight into different jurisdictions.

As a worldwide group, the CMI's mission is to harmonize (i.e. make the same) national rules. The idea behind this is
that shipping is global, so the rules governing shipping should be global. This way, the people involved in shipping, be
it sailors or lawyers, will know what to expect no matter where they're sailing and no matter what jurisdiction they're

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 33 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

under. It's a noble goal but hard work, especially given that when the CMI was established in the late 19th century,
there were far fewer nations (and fewer rules!) than there are now.

As members of the German Association for International Maritime Law, we had the opportunity recently to pitch in
and answer questions regarding German national rules on unmanned ships. We will, of course, report back on the
conclusions of the working group. But for now, all of the questions have been distributed to experts in the relevant
fields and a second meeting is scheduled.

Harmonizing global shipping rules is requires experts to contribute their time free of charge for the sake of
disseminating information in a commonly intelligible language, typically English; then, these same experts will need
to work together across borders to craft and draft legal solutions to new issues in merchant shipping.

It's not easy organizing, managing and processing all of this work. However, it's clear that shipping is, as always,
special. Few other industries have experts happy to commit in this way to ensure that global frameworks are devised
so goods can get from A to B safely and securely, both legally and otherwise. It helps create similar expectations when
shipping issues arise, and with similar expectations, it makes it easier to solve issues in a friendly and, ideally, non-
confrontational manner - another reason why shipping professionals prefer to make money rather than war when
confronted with differences of opinion.

We're impressed that the CMI and the national maritime law associations treat problem solving, cross-border
communication and building common rules so seriously. Having a common language is one thing, but maritime
professionals luckily often have a common understanding, too. This is rare and certainly should be jealously guarded
by us all.

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

12. United Nations

The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and security,
develop friendly relations among nations, achieve international cooperation, and be a center for harmonizing the
actions of nations. It is the largest, most familiar, most internationally represented and most powerful
intergovernmental organization in the world. The UN is headquartered on international territory in New York City,
with its other main offices in Geneva, Nairobi, Vienna and The Hague.

The UN was established after World War II with the aim of preventing future wars, succeeding the ineffective League
of Nations. On 25 April 1945, 50 governments met in San Francisco for a conference and started drafting the UN
Charter, which was adopted on 25 June 1945 and took effect on 24 October 1945, when the UN began operations.
Pursuant to the Charter, the organization's objectives include maintaining international peace and security, protecting
human rights, delivering humanitarian aid, promoting sustainable development, and upholding international law. At
its founding, the UN had 51 member states; with the addition of South Sudan in 2011, membership is now 193,
representing almost all of the world's sovereign states.

The organization's mission to preserve world peace was complicated in its early decades by the Cold War between
the United States and Soviet Union and their respective allies. Its missions have consisted primarily of unarmed
military observers and lightly armed troops with primarily monitoring, reporting and confidence-building roles. UN
membership grew significantly following widespread decolonization beginning in the 1960s. Since then, 80 former
colonies have gained independence, including 11 trust territories that had been monitored by the Trusteeship Council.
By the 1970s, the UN's budget for economic and social development programmes far outstripped its spending on
peacekeeping. After the end of the Cold War, the UN shifted and expanded its field operations, undertaking a wide
variety of complex tasks.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 34 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

The UN has six principal organs: the General Assembly; the Security Council; the Economic and Social Council
(ECOSOC); the Trusteeship Council; the International Court of Justice; and the UN Secretariat. The UN System includes
a multitude of specialized agencies, such as the World Bank Group, the World Health Organization, the World Food
Programme, UNESCO, and UNICEF. Additionally, non-governmental organizations may be granted consultative status
with ECOSOC and other agencies to participate in the UN's work. The UN's chief administrative officer is the Secretary-
General, currently Portuguese politician and diplomat AntónioGuterres, who began his five year-term on 1 January
2017. The organization is financed by assessed and voluntary contributions from its member states.

The UN, its officers, and its agencies have won many Nobel Peace Prizes, though other evaluations of its effectiveness
have been mixed. Some commentators believe the organization to be an important force for peace and human
development, while others have called it ineffective, biased, or corrupt.

History of the United Nations

Background

In the century prior to the UN's creation, several international treaty organizations such as the International
Committee of the Red Cross were formed to ensure protection and assistance for victims of armed conflict and strife.
In 1914, a political assassination in Sarajevo set off a chain of events that led to the outbreak of World War I. As more
and more young men were sent down into the trenches, influential voices in the United States and Britain began
calling for the establishment of a permanent international body to maintain peace in the postwar world. President
Woodrow Wilson became a vocal advocate of this concept, and in 1918 he included a sketch of the international body
in his 14-point proposal to end the war. In November 1918, the Central Powers agreed to an armistice to halt the
killing in World War I. Two months later, the Allies met with Germany and Austria-Hungary at Versailles to hammer
out formal peace terms. President Wilson wanted peace, but the United Kingdom and France disagreed, forcing harsh
war reparations on their former enemies. The League of Nations was approved, and in the summer of 1919 Wilson
presented the Treaty of Versailles and the Covenant of the League of Nations to the US Senate for ratification. On 10
January 1920, the League of Nations formally came into being when the Covenant of the League of Nations, ratified
by 42 nations in 1919, took effect. However, at some point the League became ineffective when it failed to act against
the Japanese invasion of Manchuria as in February 1933, 40 nations voted for Japan to withdraw from Manchuria but
Japan voted against it and walked out of the League instead of withdrawing from Manchuria. It also failed against the
Second Italo-Ethiopian War despite trying to talk to Benito Mussolini as he used the time to send an army to Africa,
so the League had a plan for Mussolini to just take a part of Ethiopia, but he ignored the League and invaded Ethiopia,
the League tried putting sanctions on Italy, but Italy had already conquered Ethiopia and the League had failed. After
Italy conquered Ethiopia, Italy and other nations left the league. But all of them realized that it had failed and they
began to re-arm as fast as possible. During 1938, Britain and France tried negotiating directly with Hitler but this failed
in 1939 when Hitler invaded Czechoslovakia. When war broke out in 1939, the League closed down and its
headquarters in Geneva remained empty throughout the war. Although the United States never joined the League,
the country did support its economic and social missions through the work of private philanthropies and by sending
representatives to committees.

1942 "Declaration of United Nations" by the Allies of World War II

Main article: Declaration by United Nations

1943 sketch by Franklin Roosevelt of the UN original three branches: The Four Policemen, an executive branch, and
an international assembly of forty UN member states

The earliest concrete plan for a new world organization began under the aegis of the U.S. State Department in 1939.
The text of the "Declaration by United Nations" was drafted at the White House on 29 December 1941, by President
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 35 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Franklin D. Roosevelt, Prime Minister Winston Churchill, and Roosevelt aide Harry Hopkins. It incorporated Soviet
suggestions but left no role for France. "Four Policemen" was coined to refer to four major Allied countries, United
States, United Kingdom, Soviet Union, and Republic of China, which emerged in the Declaration by United Nations.
Roosevelt first coined the term United Nations to describe the Allied countries.[a] "On New Year's Day 1942, President
Roosevelt, Prime Minister Churchill, Maxim Litvinov, of the USSR, and T. V. Soong, of China, signed a short document
which later came to be known as the United Nations Declaration, and the next day the representatives of twenty-two
other nations added their signatures." The term United Nations was first officially used when 26 governments signed
this Declaration. One major change from the Atlantic Charter was the addition of a provision for religious freedom,
which Stalin approved after Roosevelt insisted. By 1 March 1945, 21 additional states had signed.

A JOINT DECLARATION BY THE UNITED STATES OF AMERICA, THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND, THE UNION OF SOVIET SOCIALIST REPUBLICS, CHINA, AUSTRALIA, BELGIUM, CANADA, COSTA
RICA, CUBA, CZECHOSLOVAKIA, DOMINICAN REPUBLIC, EL SALVADOR, GREECE, GUATEMALA, HAITI, HONDURAS,
INDIA, LUXEMBOURG, NETHERLANDS, NEW ZEALAND, NICARAGUA, NORWAY, PANAMA, POLAND, SOUTH AFRICA,
YUGOSLAVIA

The Governments signatory hereto,

Having subscribed to a common program of purposes and principles embodied in the Joint Declaration of the
President of the United States of America and the Prime Minister of Great Britain dated August 14, 1941, known as
the Atlantic Charter,

Being convinced that complete victory over their enemies is essential to defend life, liberty, independence and
religious freedom, and to preserve human rights and justice in their own lands as well as in other lands and that they
are now engaged in a common struggle against savage and brutal forces seeking to subjugate the world,

DECLARE:

1. Each Government pledges itself to employ its full resources, military or economic, against those members of
the Tripartite Pact and its adherents with which such government is at war.

2. Each Government pledges itself to cooperate with the Governments signatory hereto and not to make a
separate armistice or peace with the enemies.

The foregoing declaration may be adhered to by other nations which are, or which may be, rendering material
assistance and contributions in the struggle for victory over Hitlerism.

— The Washington Conference 1941–1942

During the war, "the United Nations" became the official term for the Allies. To join, countries had to sign the
Declaration and declare war on the Axis.

12. United Nations continuation in Explain and Elaborate

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 36 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

12. United Nations continuation from Weekly Content

Founding

The UN was formulated and negotiated among the delegations from the Allied Big Four (the United States, the United
Kingdom, the Soviet Union and China) at the Dumbarton Oaks Conference from 21 September 1944 to 7 October 1944
and they agreed on the aims, structure and functioning of the UN. After months of planning, the UN Conference on
International Organization opened in San Francisco, 25 April 1945, attended by 50 governments and a number of non-
governmental organizations involved in drafting the UN Charter. "The heads of the delegations of the sponsoring
countries took turns as chairman of the plenary meetings: Anthony Eden, of Britain, Edward Stettinius, of the United
States, T. V. Soong, of China, and Vyacheslav Molotov, of the Soviet Union. At the later meetings, Lord Halifax
deputized for Mister Eden, Wellington Koo for T. V. Soong, and Mister Gromyko for Mister Molotov." The UN officially
came into existence 24 October 1945, upon ratification of the Charter by the five permanent members of the Security
Council—France, the Republic of China, the Soviet Union, the UK and the US—and by a majority of the other 46
signatories.
The first meetings of the General Assembly, with 51 nations represented,[b] and the Security Council took place in
Methodist Central Hall, Westminster, London beginning on 10 January 1946. Debates began at once covering topical
issues including the presence of Russian troops in Iranian Azerbaijan, Great Britain's forces in Greece and within days
the first veto was cast.
The General Assembly selected New York City as the site for the headquarters of the UN, construction began on 14
September 1948 and the facility was completed on 9 October 1952. Its site—like UN headquarters buildings in Geneva,
Vienna, and Nairobi—is designated as international territory. The Norwegian Foreign Minister, Trygve Lie, was elected
as the first UN Secretary-General.

Cold War era

Dag Hammarskjöld was a particularly active Secretary-General from 1953 until his death in 1961.
Though the UN's primary mandate was peacekeeping, the division between the US and USSR often paralysed the
organization, generally allowing it to intervene only in conflicts distant from the Cold War. Two notable exceptions
were a Security Council resolution on 7 July 1950 authorizing a US-led coalition to repel the North Korean invasion of
South Korea, passed in the absence of the USSR, and the signing of the Korean Armistice Agreement on 27 July 1953.
On 29 November 1947, the General Assembly approved a resolution to partition Palestine, approving the creation of
the state of Israel. Two years later, Ralph Bunche, a UN official, negotiated an armistice to the resulting conflict.[37]
On 7 November 1956, the first UN peacekeeping force was established to end the Suez Crisis;[38] however, the UN
was unable to intervene against the USSR's simultaneous invasion of Hungary following that country's revolution.
On 14 July 1960, the UN established United Nations Operation in the Congo (UNOC), the largest military force of its
early decades, to bring order to the breakaway State of Katanga, restoring it to the control of the Democratic Republic
of the Congo by 11 May 1964. While traveling to meet rebel leader MoiseTshombe during the conflict, Dag
Hammarskjöld, often named as one of the UN's most effective Secretaries-General,died in a plane crash; months later
he was posthumously awarded the Nobel Peace Prize. In 1964, Hammarskjöld's successor, U Thant, deployed the UN
Peacekeeping Force in Cyprus, which would become one of the UN's longest-running peacekeeping missions.
With the spread of decolonization in the 1960s, the organization's membership saw an influx of newly independent
nations. In 1960 alone, 17 new states joined the UN, 16 of them from Africa. On 25 October 1971, with opposition
from the United States, but with the support of many Third World nations, the mainland, communist People's Republic
of China was given the Chinese seat on the Security Council in place of the Republic of China that occupied Taiwan;
the vote was widely seen as a sign of waning US influence in the organization. Third World nations organized into the
Group of 77 coalition under the leadership of Algeria, which briefly became a dominant power at the UN. On 10
November 1975, a bloc comprising the USSR and Third World nations passed a resolution, over the strenuous US and

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 37 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Israeli opposition, declaring Zionism to be racism; the resolution was repealed on 16 December 1991, shortly after
the end of the Cold War.
With an increasing Third World presence and the failure of UN mediation in conflicts in the Middle East, Vietnam, and
Kashmir, the UN increasingly shifted its attention to its ostensibly secondary goals of economic development and
cultural exchange. By the 1970s, the UN budget for social and economic development was far greater than its
peacekeeping budget.

Post-Cold War

Kofi Annan, Secretary-General from 1997 to 2006


After the Cold War, the UN saw a radical expansion in its peacekeeping duties, taking on more missions in five years
than it had in the previous four decades. Between 1988 and 2000, the number of adopted Security Council resolutions
more than doubled, and the peacekeeping budget increased more than tenfold. The UN negotiated an end to the
Salvadoran Civil War, launched a successful peacekeeping mission in Namibia, and oversaw democratic elections in
post-apartheid South Africa and post-Khmer Rouge Cambodia. In 1991, the UN authorized a US-led coalition that
repulsed the Iraqi invasion of Kuwait. Brian Urquhart, Under-Secretary-General from 1971 to 1985, later described
the hopes raised by these successes as a "false renaissance" for the organization, given the more troubled missions
that followed.
Though the UN Charter had been written primarily to prevent aggression by one nation against another, in the early
1990s the UN faced a number of simultaneous, serious crises within nations such as Somalia, Haiti, Mozambique, and
the former Yugoslavia. The UN mission in Somalia was widely viewed as a failure after the US withdrawal following
casualties in the Battle of Mogadishu, and the UN mission to Bosnia faced "worldwide ridicule" for its indecisive and
confused mission in the face of ethnic cleansing. In 1994, the UN Assistance Mission for Rwanda failed to intervene in
the Rwandan genocide amid indecision in the Security Council.
Beginning in the last decades of the Cold War, American and European critics of the UN condemned the organization
for perceived mismanagement and corruption.In 1984, US President Ronald Reagan, withdrew his nation's funding
from United Nations Educational, Scientific and Cultural Organization (UNESCO) over allegations of mismanagement,
followed by the UK and Singapore. Boutros Boutros-Ghali, Secretary-General from 1992 to 1996, initiated a reform of
the Secretariat, reducing the size of the organization somewhat. His successor, Kofi Annan (1997–2006), initiated
further management reforms in the face of threats from the US to withhold its UN dues.
From the late 1990s to the early 2000s, international interventions authorized by the UN took a wider variety of forms.
The UN mission in the Sierra Leone Civil War of 1991–2002 was supplemented by British Royal Marines, and the
invasion of Afghanistan in 2001 was overseen by NATO. In 2003, the United States invaded Iraq despite failing to pass
a UN Security Council resolution for authorization, prompting a new round of questioning of the organization's
effectiveness. Under the eighth Secretary-General, Ban Ki-moon, the UN intervened with peacekeepers in crises such
as the War in Darfur in Sudan and the Kivu conflict in the Democratic Republic of Congo and sent observers and
chemical weapons inspectors to the Syrian Civil War. In 2013, an internal review of UN actions in the final battles of
the Sri Lankan Civil War in 2009 concluded that the organization had suffered "systemic failure". In 2010, the
organization suffered the worst loss of life in its history, when 101 personnel died in the Haiti earthquake
The Millennium Summit was held in 2000 to discuss the UN's role in the 21st century. The three day meeting was the
largest gathering of world leaders in history, and culminated in the adoption by all member states of the Millennium
Development Goals (MDGs), a commitment to achieve international development in areas such as poverty reduction,
gender equality, and public health. Progress towards these goals, which were to be met by 2015, was ultimately
uneven. The 2005 World Summit reaffirmed the UN's focus on promoting development, peacekeeping, human rights,
and global security. The Sustainable Development Goals were launched in 2015 to succeed the Millennium
Development Goals.
In addition to addressing global challenges, the UN has sought to improve its accountability and democratic legitimacy
by engaging more with civil society and fostering a global constituency. In an effort to enhance transparency, in 2016
the organization held its first public debate between candidates for Secretary-General. On 1 January 2017, Portuguese
diplomat AntónioGuterres, who previously served as UN High Commissioner for Refugees, became the ninth
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 38 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Secretary-General. Guterres has highlighted several key goals for his administration, including an emphasis on
diplomacy for preventing conflicts, more effective peacekeeping efforts, and streamlining the organization to be more
responsive and versatile to global needs.

Structure

The UN system is based on five principal organs: the General Assembly, the Security Council, the Economic and Social
Council (ECOSOC), the International Court of Justice and the UN Secretariat. A sixth principal organ, the Trusteeship
Council, suspended operations on 1 November 1994, upon the independence of Palau, the last remaining UN trustee
territory.
Four of the five principal organs are located at the main UN Headquarters in New York City. The International Court
of Justice is located in The Hague, while other major agencies are based in the UN offices at Geneva, Vienna, and
Nairobi. Other UN institutions are located throughout the world. The six official languages of the UN, used in
intergovernmental meetings and documents, are Arabic, Chinese, English, French, Russian, and Spanish. On the basis
of the Convention on the Privileges and Immunities of the United Nations, the UN and its agencies are immune from
the laws of the countries where they operate, safeguarding the UN's impartiality with regard to the host and member
countries. Below the six organs sit, in the words of the author Linda Fasulo, "an amazing collection of entities and
organizations, some of which are actually older than the UN itself and operate with almost complete independence
from it". These include specialized agencies, research, and training institutions, programs and funds, and other UN
entities.

The UN obeys the Noblemaire principle, which is binding on any organization that belongs to the UN system. This
principle calls for salaries that will draw and keep citizens of countries where salaries are highest, and also calls for
equal pay for work of equal value independent of the employee's nationality. In practice, the ICSC takes reference to
the highest-paying national civil service. Staff salaries are subject to an internal tax that is administered by the UN
organizations.

General Assembly

Main article: United Nations General Assembly

The General Assembly is the main deliberative assembly of the UN. Composed of all UN member states, the assembly
meets in regular yearly sessions, but emergency sessions can also be called. The assembly is led by a president, elected
from among the member states on a rotating regional basis, and 21 vice-presidents. The first session convened 10
January 1946 in the Methodist Central Hall in London and included representatives of 51 nations.
When the General Assembly decides on important questions such as those on peace and security, admission of new
members and budgetary matters, a two-thirds majority of those present and voting is required. All other questions
are decided by a majority vote. Each member country has one vote. Apart from the approval of budgetary matters,
resolutions are not binding on the members. The Assembly may make recommendations on any matters within the
scope of the UN, except matters of peace and security that are under consideration by the Security Council.
Draft resolutions can be forwarded to the General Assembly by its six main committees:

• First Committee (Disarmament and International Security)


• Second Committee (Economic and Financial)
• Third Committee (Social, Humanitarian, and Cultural)
• Fourth Committee (Special Political and Decolonization)
• Fifth Committee (Administrative and Budgetary)
• Sixth Committee (Legal)
As well as by the following two committees:

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 39 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• General Committee – a supervisory committee consisting of the assembly's president, vice-president, and
committee heads
• Credentials Committee – responsible for determining the credentials of each member nation's UN representatives

Security Council

Main article: United Nations Security Council

Colin Powell, the US Secretary of State, demonstrates a vial with alleged Iraq chemical weapon probes to the UN
Security Council on Iraq war hearings, 5 February 2003
The Security Council is charged with maintaining peace and security among countries. While other organs of the UN
can only make "recommendations" to member states, the Security Council has the power to make binding decisions
that member states have agreed to carry out, under the terms of Charter Article 25. The decisions of the council are
known as United Nations Security Council resolutions.
The Security Council is made up of fifteen member states, consisting of five permanent members—China, France,
Russia, the United Kingdom, and the United States—and ten non-permanent members elected for two-year terms by
the General Assembly (with end of term date)—Belgium (term ends 2020), Dominican Republic (2020), Estonia (2021),
Germany (2020), Indonesia (2020), Niger (2021), Saint Vincent and the Grenadines (2021), South Africa (2020), Tunisia
(2021), and Vietnam (2021). The five permanent members hold veto power over UN resolutions, allowing a permanent
member to block adoption of a resolution, though not debate. The ten temporary seats are held for two-year terms,
with five member states per year voted in by the General Assembly on a regional basis. The presidency of the Security
Council rotates alphabetically each month.

UN Secretariat

Main articles: United Nations Secretariat and Secretary-General of the United Nations

Current secretary-general, AntónioGuterres


The UN Secretariat is headed by the secretary-general, assisted by the deputy secretary-general and a staff of
international civil servants worldwide. It provides studies, information, and facilities needed by UN bodies for their
meetings. It also carries out tasks as directed by the Security Council, the General Assembly, the Economic and Social
Council, and other UN bodies.
The secretary-general acts as the de facto spokesperson and leader of the UN. The position is defined in the UN
Charter as the organization's "chief administrative officer". Article 99 of the charter states that the secretary-general
can bring to the Security Council's attention "any matter which in his opinion may threaten the maintenance of
international peace and security", a phrase that Secretaries-General since Trygve Lie have interpreted as giving the
position broad scope for action on the world stage. The office has evolved into a dual role of an administrator of the
UN organization and a diplomat and mediator addressing disputes between member states and finding consensus to
global issues.
The secretary-general is appointed by the General Assembly, after being recommended by the Security Council, where
the permanent members have veto power. There are no specific criteria for the post, but over the years it has become
accepted that the post shall be held for one or two terms of five years. The current Secretary-General is
AntónioGuterres, who replaced Ban Ki-moon in 2017.

International Court of Justice

Main article: International Court of Justice

The International Court of Justice (ICJ), located in The Hague, in the Netherlands, is the primary judicial organ of the
UN. Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 40 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

International Justice. The ICJ is composed of 15 judges who serve 9-year terms and are appointed by the General
Assembly; every sitting judge must be from a different nation.
It is based in the Peace Palace in The Hague, sharing the building with the Hague Academy of International Law, a
private centre for the study of international law. The ICJ's primary purpose is to adjudicate disputes among states.
The court has heard cases related to war crimes, illegal state interference, ethnic cleansing, and other issues. The ICJ
can also be called upon by other UN organs to provide advisory opinions. It is the only organ that is not located in New
York.

Economic and Social Council

Main article: United Nations Economic and Social Council

The Economic and Social Council (ECOSOC) assists the General Assembly in promoting international economic and
social co-operation and development. ECOSOC has 54 members, who are elected by the General Assembly for a three-
year term. The president is elected for a one-year term and chosen amongst the small or middle powers represented
on ECOSOC. The council has one annual meeting in July, held in either New York or Geneva. Viewed as separate from
the specialized bodies it co-ordinates, ECOSOC's functions include information gathering, advising member nations,
and making recommendations. Owing to its broad mandate of co-ordinating many agencies, ECOSOC has at times
been criticized as unfocused or irrelevant.
ECOSOC's subsidiary bodies include the United Nations Permanent Forum on Indigenous Issues, which advises UN
agencies on issues relating to indigenous peoples; the United Nations Forum on Forests, which coordinates and
promotes sustainable forest management; the United Nations Statistical Commission, which co-ordinates
information-gathering efforts between agencies; and the Commission on Sustainable Development, which co-
ordinates efforts between UN agencies and NGOs working towards sustainable development. ECOSOC may also grant
consultative status to non-governmental organizations; by 2004, more than 2,200 organizations had received this
status.

Specialized agencies

Main article: List of specialized agencies of the United Nations

The UN Charter stipulates that each primary organ of the United Nations can establish various specialized agencies to
fulfil its duties. Some best-known agencies are the International Atomic Energy Agency, the Food and Agriculture
Organization, UNESCO (United Nations Educational, Scientific and Cultural Organization), the World Bank, and the
World Health Organization (WHO). The UN performs most of its humanitarian work through these agencies. Examples
include mass vaccination programmes (through WHO), the avoidance of famine and malnutrition (through the work
of the WFP), and the protection of vulnerable and displaced people (for example, by UNHCR).

Membership

Main article: Member states of the United Nations

With the addition of South Sudan 14 July 2011, there are 193 UN member states, including all undisputed independent
states apart from Vatican City. The UN Charter outlines the rules for membership:
1. Membership in the United Nations is open to all other peace-loving states that accept the obligations
contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these
obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the
General Assembly upon the recommendation of the Security Council. Chapter II, Article 4.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 41 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

In addition, there are two non-member observer states of the United Nations General Assembly: the Holy See (which
holds sovereignty over Vatican City) and the State of Palestine. The Cook Islands and Niue, both states in free
association with New Zealand, are full members of several UN specialized agencies and have had their "full treaty-
making capacity" recognized by the Secretariat.

Group of 77

Main article: Group of 77

The Group of 77 (G77) at the UN is a loose coalition of developing nations, designed to promote its members' collective
economic interests and create an enhanced joint negotiating capacity in the UN. Seventy-seven nations founded the
organization, but by November 2013 the organization had since expanded to 133 member countries. The group was
founded 15 June 1964 by the "Joint Declaration of the Seventy-Seven Countries" issued at the United Nations
Conference on Trade and Development (UNCTAD). The group held its first major meeting in Algiers in 1967, where it
adopted the Charter of Algiers and established the basis for permanent institutional structures. With the adoption of
the New International Economic Order by developing countries in the 1970s, the work of the G77 spread throughout
the UN system.

Objectives
Peacekeeping and security
Main articles: United Nations peacekeeping and List of United Nations peacekeeping missions

The UN, after approval by the Security Council, sends peacekeepers to regions where armed conflict has recently
ceased or paused to enforce the terms of peace agreements and to discourage combatants from resuming hostilities.
Since the UN does not maintain its own military, peacekeeping forces are voluntarily provided by member states.
These soldiers are sometimes nicknamed "Blue Helmets" for their distinctive gear. The peacekeeping force as a whole
received the Nobel Peace Prize in 1988.
In September 2013, the UN had peacekeeping soldiers deployed on 15 missions. The largest was the United Nations
Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), which included 20,688
uniformed personnel. The smallest, United Nations Military Observer Group in India and Pakistan (UNMOGIP),
included 42 uniformed personnel responsible for monitoring the ceasefire in Jammu and Kashmir. UN peacekeepers
with the United Nations Truce Supervision Organization (UNTSO) have been stationed in the Middle East since 1948,
the longest-running active peacekeeping mission.
A study by the RAND Corporation in 2005 found the UN to be successful in two out of three peacekeeping efforts. It
compared efforts at nation-building by the UN to those of the United States, and found that seven out of eight UN
cases are at peace, as compared with four out of eight US cases at peace. Also in 2005, the Human Security Report
documented a decline in the number of wars, genocides, and human rights abuses since the end of the Cold War, and
presented evidence, albeit circumstantial, that international activism—mostly spearheaded by the UN—has been the
main cause of the decline in armed conflict in that period. Situations in which the UN has not only acted to keep the
peace but also intervened include the Korean War (1950–53) and the authorization of intervention in Iraq after the
Gulf War (1990–91).
The UN has also drawn criticism for perceived failures. In many cases, member states have shown reluctance to
achieve or enforce Security Council resolutions. Disagreements in the Security Council about military action and
intervention are seen as having failed to prevent the Bangladesh genocide in 1971, the Cambodian genocide in the
1970s, and the Rwandan genocide in 1994. Similarly, UN inaction is blamed for failing to either prevent the Srebrenica
massacre in 1995 or complete the peacekeeping operations in 1992–93 during the Somali Civil War. UN peacekeepers
have also been accused of child rape, soliciting prostitutes, and sexual abuse during various peacekeeping missions in
the Democratic Republic of the Congo, Haiti, Liberia, Sudan and what is now South Sudan, Burundi, and Ivory Coast.
Scientists cited UN peacekeepers from Nepal as the likely source of the 2010–13 Haiti cholera outbreak, which killed
more than 8,000 Haitians following the 2010 Haiti earthquake.
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 42 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

In addition to peacekeeping, the UN is also active in encouraging disarmament. Regulation of armaments was included
in the writing of the UN Charter in 1945 and was envisioned as a way of limiting the use of human and economic
resources for their creation. The advent of nuclear weapons came only weeks after the signing of the charter, resulting
in the first resolution of the first General Assembly meeting calling for specific proposals for "the elimination from
national armaments of atomic weapons and of all other major weapons adaptable to mass destruction". The UN has
been involved with arms-limitation treaties, such as the Outer Space Treaty (1967), the Treaty on the Non-
Proliferation of Nuclear Weapons (1968), the Seabed Arms Control Treaty (1971), the Biological Weapons Convention
(1972), the Chemical Weapons Convention (1992), and the Ottawa Treaty (1997), which prohibits landmines. Three
UN bodies oversee arms proliferation issues: the International Atomic Energy Agency, the Organisation for the
Prohibition of Chemical Weapons, and the Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory
Commission.

Human rights

One of the UN's primary purposes is "promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion", and member states pledge to undertake
"joint and separate action" to protect these rights.
In 1948, the General Assembly adopted a Universal Declaration of Human Rights, drafted by a committee headed by
American diplomat and activist Eleanor Roosevelt, and including the French lawyer René Cassin. The document
proclaims basic civil, political, and economic rights common to all human beings, though its effectiveness towards
achieving these ends has been disputed since its drafting. The Declaration serves as a "common standard of
achievement for all peoples and all nations" rather than a legally binding document, but it has become the basis of
two binding treaties, the 1966 International Covenant on Civil and Political Rights and International Covenant on
Economic, Social and Cultural Rights. In practice, the UN is unable to take significant action against human rights
abuses without a Security Council resolution, though it does substantial work in investigating and reporting abuses.
In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against
Women, followed by the Convention on the Rights of the Child in 1989. With the end of the Cold War, the push for
human rights action took on new impetus. The United Nations Commission on Human Rights was formed in 1993 to
oversee human rights issues for the UN, following the recommendation of that year's World Conference on Human
Rights. Jacques Fomerand, a scholar of the UN, describes this organization's mandate as "broad and vague", with only
"meagre" resources to carry it out. In 2006, it was replaced by a Human Rights Council consisting of 47 nations. Also
in 2006, the General Assembly passed a Declaration on the Rights of Indigenous Peoples, and in 2011 it passed its first
resolution recognizing the rights of LGBT people.
Other UN bodies responsible for women's rights issues include United Nations Commission on the Status of Women,
a commission of ECOSOC founded in 1946; the United Nations Development Fund for Women, created in 1976; and
the United Nations International Research and Training Institute for the Advancement of Women, founded in 1979.
The UN Permanent Forum on Indigenous Issues, one of three bodies with a mandate to oversee issues related to
indigenous peoples, held its first session in 2002.

Economic development and humanitarian assistance

Another primary purpose of the UN is "to achieve international cooperation in solving international problems of an
economic, social, cultural, or humanitarian character". Numerous bodies have been created to work towards this goal,
primarily under the authority of the General Assembly and ECOSOC. In 2000, the 192 UN member states agreed to
achieve eight Millennium Development Goals by 2015. The Sustainable Development Goals were launched in 2015 to
succeed the Millennium Development Goals. The SDGs have an associated financing framework called the Addis
Ababa Action Agenda.
The UN Development Programme (UNDP), an organization for grant-based technical assistance founded in 1945, is
one of the leading bodies in the field of international development. The organization also publishes the UN Human
Development Index, a comparative measure ranking countries by poverty, literacy, education, life expectancy, and
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 43 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

other factors. The Food and Agriculture Organization (FAO), also founded in 1945, promotes agricultural development
and food security. UNICEF (the United Nations Children's Fund) was created in 1946 to aid European children after
the Second World War and expanded its mission to provide aid around the world and to uphold the convention on
the Rights of the Child.
The World Bank Group and International Monetary Fund (IMF) are independent, specialized agencies and observers
within the UN framework, according to a 1947 agreement. They were initially formed separately from the UN through
the Bretton Woods Agreement in 1944. The World Bank provides loans for international development, while the IMF
promotes international economic co-operation and gives emergency loans to indebted countries.
The World Health Organization (WHO), which focuses on international health issues and disease eradication, is
another of the UN's largest agencies. In 1980, the agency announced that the eradication of smallpox had been
completed. In subsequent decades, WHO largely eradicated polio, river blindness, and leprosy. The Joint United
Nations Programme on HIV/AIDS (UNAIDS), begun in 1996, co-ordinates the organization's response to the AIDS
epidemic. The UN Population Fund, which also dedicates part of its resources to combating HIV, is the world's largest
source of funding for reproductive health and family planning services.
Along with the International Red Cross and Red Crescent Movement, the UN often takes a leading role in co-ordinating
emergency relief. The World Food Programme (WFP), created in 1961, provides food aid in response to famine,
natural disasters, and armed conflict. The organization reports that it feeds an average of 90 million people in 80
nations each year. The Office of the United Nations High Commissioner for Refugees (UNHCR), established in 1950,
works to protect the rights of refugees, asylum seekers, and stateless people. UNHCR and WFP programmes are
funded by voluntary contributions from governments, corporations, and individuals, though the UNHCR's
administrative costs are paid for by the UN's primary budget.
Other
Since the UN's creation, over 80 colonies have attained independence. The General Assembly adopted the Declaration
on the Granting of Independence to Colonial Countries and Peoples in 1960 with no votes against but abstentions
from all major colonial powers. The UN works towards decolonization through groups including the UN Committee
on Decolonization, created in 1962. The committee lists seventeen remaining "Non-Self-Governing Territories", the
largest and most populous of which is Western Sahara.
Beginning with the formation of the UN Environmental Programme (UNEP) in 1972, the UN has made environmental
issues a prominent part of its agenda. A lack of success in the first two decades of UN work in this area led to the 1992
Earth Summit in Rio de Janeiro, Brazil, which sought to give new impetus to these efforts. In 1988, the UNEP and the
World Meteorological Organization (WMO), another UN organization, established the Intergovernmental Panel on
Climate Change, which assesses and reports on research on global warming. The UN-sponsored Kyoto Protocol, signed
in 1997, set legally binding emissions reduction targets for ratifying states.
The UN also declares and co-ordinates international observances, periods of time to observe issues of international
interest or concern. Examples include World Tuberculosis Day, Earth Day, and the International Year of Deserts and
Desertification.

Funding

The UN is financed from assessed and voluntary contributions from member states. The General Assembly approves
the regular budget and determines the assessment for each member. This is broadly based on the relative capacity of
each country to pay, as measured by its gross national income (GNI), with adjustments for external debt and low per
capita income. The two-year budget for 2012–13 was $5.512 billion in total.
The Assembly has established the principle that the UN should not be unduly dependent on any one member to
finance its operations. Thus, there is a "ceiling" rate, setting the maximum amount that any member can be assessed
for the regular budget. In December 2000, the Assembly revised the scale of assessments in response to pressure
from the United States. As part of that revision, the regular budget ceiling was reduced from 25% to 22%. For the least
developed countries (LDCs), a ceiling rate of 0.01% is applied. In addition to the ceiling rates, the minimum amount
assessed to any member nation (or "floor" rate) is set at 0.001% of the UN budget ($55,120 for the two year budget
2013–2014).
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 44 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

A large share of the UN's expenditure addresses its core mission of peace and security, and this budget is assessed
separately from the main organizational budget. The peacekeeping budget for the 2015–16 fiscal year was $8.27
billion, supporting 82,318 troops deployed in 15 missions around the world. UN peace operations are funded by
assessments, using a formula derived from the regular funding scale that includes a weighted surcharge for the five
permanent Security Council members, who must approve all peacekeeping operations. This surcharge serves to offset
discounted peacekeeping assessment rates for less developed countries. the largest contributors for the UN
peacekeeping financial operations for the period 2019–2021 are: the United States 27.89% China 15.21%, Japan
8.56%, Germany 6.09% , the United Kingdom 5.78%, France 5.61%, Italy 3.30% and the Russian Federation 3.04%.
Special UN programmes not included in the regular budget, such as UNICEF and the World Food Programme, are
financed by voluntary contributions from member governments, corporations, and private individuals.

Evaluations, awards, and criticism

Main articles: Reform of the United Nations and Reform of the United Nations Security Council

See also: Criticism of the United Nations


A number of agencies and individuals associated with the UN have won the Nobel Peace Prize in recognition of their
work. Two Secretaries-General, Dag Hammarskjöld, and Kofi Annan, were each awarded the prize (in 1961 and 2001,
respectively), as were Ralph Bunche (1950), a UN negotiator, René Cassin (1968), a contributor to the Universal
Declaration of Human Rights, and the US Secretary of State Cordell Hull (1945), the latter for his role in the
organization's founding. Lester B. Pearson, the Canadian Secretary of State for External Affairs, was awarded the prize
in 1957 for his role in organizing the UN's first peacekeeping force to resolve the Suez Crisis. UNICEF won the prize in
1965, the International Labour Organization in 1969, the UN Peace-Keeping Forces in 1988, the International Atomic
Energy Agency (which reports to the UN) in 2005, and the UN-supported Organisation for the Prohibition of Chemical
Weapons in 2013. The UN High Commissioner for Refugees was awarded in 1954 and 1981, becoming one of only two
recipients to win the prize twice. The UN as a whole was awarded the prize in 2001, sharing it with Annan. In 2007,
IPCC received the prize "for their efforts to build up and disseminate greater knowledge about man-made climate
change, and to lay the foundations for the measures that are needed to counteract such change."

Since its founding, there have been many calls for reform of the UN but little consensus on how to do so. Some want
the UN to play a greater or more effective role in world affairs, while others want its role reduced to humanitarian
work. There have also been numerous calls for the UN Security Council's membership to be increased, for different
ways of electing the UN's Secretary-General, and for a UN Parliamentary Assembly. Jacques Fomerand states the most
enduring divide in views of the UN is "the North–South split" between richer Northern nations and developing
Southern nations. Southern nations tend to favour a more empowered UN with a stronger General Assembly, allowing
them a greater voice in world affairs, while Northern nations prefer an economically laissez-faire UN that focuses on
transnational threats such as terrorism.
After World War II, the French Committee of National Liberation was late to be recognized by the US as the
government of France, and so the country was initially excluded from the conferences that created the new
organization. The future French president Charles de Gaulle criticized the UN, famously calling it a machin
("contraption"), and was not convinced that a global security alliance would help maintain world peace, preferring
direct defence treaties between countries. Throughout the Cold War, both the US and USSR repeatedly accused the
UN of favouring the other. In 1953, the USSR effectively forced the resignation of Trygve Lie, the Secretary-General,
through its refusal to deal with him, while in the 1950s and 1960s, a popular US bumper sticker read, "You can't spell
communism without U.N." In a sometimes-misquoted statement, President George W. Bush stated in February 2003
(referring to UN uncertainty towards Iraqi provocations under the Saddam Hussein regime) that "free nations will not
allow the UN to fade into history as an ineffective, irrelevant debating society." In contrast, the French President,
François Hollande, stated in 2012 that "France trusts the United Nations. She knows that no state, no matter how
powerful, can solve urgent problems, fight for development and bring an end to all crises ... France wants the UN to
be the centre of global governance." Critics such as Dore Gold, an Israeli diplomat, Robert S. Wistrich, a British scholar,
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 45 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Alan Dershowitz, an American legal scholar, Mark Dreyfus, an Australian politician, and the Anti-Defamation League
consider UN attention to Israel's treatment of Palestinians to be excessive. In September 2015, Saudi Arabia's Faisal
bin Hassan Trad has been elected Chair of the UN Human Rights Council panel that appoints independent experts, a
move criticized by human rights groups.
Since 1971, the Republic of China on Taiwan has been excluded from the UN and since then has always been rejected
in new applications. Taiwanese citizens are also not allowed to enter the buildings of the United Nations with ROC
passports. In this way, critics agree that the UN is failing its own development goals and guidelines. This criticism also
brought pressure from the People's Republic of China, which regards the territories administered by the ROC as their
own territory.
Critics have also accused the UN of bureaucratic inefficiency, waste, and corruption. In 1976, the General Assembly
established the Joint Inspection Unit to seek out inefficiencies within the UN system. During the 1990s, the US
withheld dues citing inefficiency and only started repayment on the condition that a major reforms initiative be
introduced. In 1994, the Office of Internal Oversight Services (OIOS) was established by the General Assembly to serve
as an efficiency watchdog. In 1994, former Special Representative of the Secretary-General of the UN to Somalia
Mohamed Sahnoun published "Somalia: The Missed Opportunities", a book in which he analyses the reasons for the
failure of the 1992 UN intervention in Somalia, showing that, between the start of the Somali civil war in 1988 and
the fall of the Siad Barre regime in January 1991, the UN missed at least three opportunities to prevent major human
tragedies; when the UN tried to provide humanitarian assistance, they were totally outperformed by NGOs, whose
competence and dedication sharply contrasted with the UN's excessive caution and bureaucratic inefficiencies. If
radical reform were not undertaken, warned Mohamed Sahnoun, then the UN would continue to respond to such
crises with inept improvisation. In 2004, the UN faced accusations that its recently ended Oil-for-Food Programme —
in which Iraq had been allowed to trade oil for basic needs to relieve the pressure of sanctions — had suffered from
widespread corruption, including billions of dollars of kickbacks. An independent inquiry created by the UN found that
many of its officials had been involved, as well as raising "significant" questions about the role of Kojo Annan, the son
of Kofi Annan.
In evaluating the UN as a whole, Jacques Fomerand writes that the "accomplishments of the United Nations in the
last 60 years are impressive in their own terms. Progress in human development during the 20th century has been
dramatic, and the UN and its agencies have certainly helped the world become a more hospitable and livable place
for millions." Evaluating the first 50 years of the UN's history, the author Stanley Meisler writes that "the United
Nations never fulfilled the hopes of its founders, but it accomplished a great deal nevertheless", citing its role in
decolonization and its many successful peacekeeping efforts. The British historian Paul Kennedy states that while the
organization has suffered some major setbacks, "when all its aspects are considered, the UN has brought great
benefits to our generation and ... will bring benefits to our children's and grandchildren's generations as well."
Core features of the UN apparatus, such as the veto privileges of some nations in the Security Council, are often
described as fundamentally undemocratic, contrary to the UN mission, and as a main cause of inaction on genocides
and crimes against humanity.
Other
The United Nations has inspired the extracurricular activity Model United Nations (MUN). MUN is a simulation of
United Nations activity based on the UN agenda and following UN procedure. MUN is usually attended by high school
and university students who organize conferences to simulate the various UN committees to discuss important issues
of the day. Today Model United Nations educates tens of thousands on United Nations activity around the world.
Model United Nations has many famous and notable alumni, such as former Secretary-General of the United Nations
Ban Ki-moon.

13. Describe the following:

14. Flag State jurisdiction

The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is
deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 46 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

jurisdiction, but may change the register in which it is registered. The flag state has the authority and responsibility to
enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and
issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws
are applicable if the ship is involved in an admiralty case.
The term "flag of convenience" describes the business practice of registering a merchant ship in a state other than
that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be registered under flags of
convenience to reduce operating costs, or else to avoid the regulations of, or inspection and scrutiny by, the country
of the original owner. Normally the nationality (i.e., flag) of the ship determines the taxing jurisdiction.
Since the Flag Right Declaration of 1921, it has been recognized that all states—including land-locked countries—have
a right to maintain a ship register and be a ship’s flag state. Because of the failure of some flag states to comply with
their survey and certification responsibilities, especially flag-of-convenience states that have delegated their task to
classification societies, a number of states have since 1982 established Port state controls of foreign-registered ships
entering their jurisdiction.
As at January 2010, Panama was the world's largest flag state, with almost a quarter of the world's ocean-going
tonnage registered there. The United States and the United Kingdom had only about 1% each.
Until World War II nations were able to maintain their dominance, or in some cases, even improve their position in
maritime trade by offering vessels exclusive protection for flying their flags, which would in turn give the nation
exclusive control over the vessels. Shipowners during this time needed protection from pirates and privateers which
was provided by naval vessels of the flag state. In some cases, states offered subsidies to the shipbuilding industries.
In addition to these incentives, states might impose restrictions based on flag State, closing ports to other ships. One
well known example of how this was applied is the case of England, which restricted the import of Asian goods only
to American and British vessels. England only opened its ports after it had maneuvered itself into a position of
strength, and then most like only to gain access to other continental ports. Similarly, France imposed a trade monopoly
on its colonies which remained in place until 1869.

Ship register

Ships must be registered in the ship register of the jurisdiction whose flag it is flying. Flag registers in many countries
are open to ships with foreign owners. Normally, each flag state has only one ship register, but several countries have
more than one register:
• Denmark, France and Norway maintain an international register to compete with flags of convenience.
• The Kingdom of the Netherlands allows the different constituent countries to set up their own registers under the
Dutch flag.
• Several territories over which the British Crown holds sovereignty have their own register. Most notably, the Isle of
Man has a significant register.
• Hong Kong, the special administrative region of China, has a separate ship register, the fourth largest in the world,
in addition to China's own ship registry.

Flag state enforcement

Flag states must, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) ensure that ships
under their flag comply with international regulations, often adopted by the UN's International Maritime Organization
(IMO), on matters of safety, navigation, crewing etc. Part XII entail special provisions on protecting the marine
environment, which includes placing special obligations on flag States to ensure compliance with international
environmental legislation such as MARPOL. Failure to do so, can result in the flag state losing its jurisdiction over ships
under its flag, also when these commit violations on the high seas.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 47 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Flag state control

Each flag state has set up its own flag state control system:
• In Australia, the Australian Maritime Safety Authority (AMSA) provides flag state control.
• In Canada, Transport Canada is responsible for flag state control under the Canada Shipping Act, 2001.
• In Hong Kong, the Marine Department is responsible for flag state control and enforcement under the Flag State
Quality Control Scheme.
• In India, the Directorate General of Shipping is responsible for life, health, vessel and the environment for Indian
registered ships and ships at Indian ports.
• In the United Kingdom, the Maritime and Coastguard Agency (MCA) is responsible for flag state control.
• In the United States, the Coast Guard, under the authority of various federal laws, regulations and international
conventions and treaties, the Officer in Charge Marine Inspections is responsible for the inspection of US flag vessels
to ensure compliance operating throughout the world.
In Vanuatu, the Vanuatu Maritime Authority has the responsibility to enforce maritime laws and exercise flag state
control.

FLAG STATE JURISDICTION

One of the most contentious issues was the extent of flag State jurisdiction, as opposed to that of coastal States, port
States and regional organizations. Some delegates pointed out that UNCLOS enshrines the principle that flag States
have sole jurisdiction over their vessels on the high seas. Others argued that if flag State jurisdiction is not
implemented, the whole issue of enforcement will be in doubt. It was therefore suggested that some measure be
applied for carrying out enforcement where the flag State is unwilling or unable to exercise jurisdiction over vessels
flying its flag, as is the case for many open registries.
Norway said there is a need for the establishment of cooperation mechanisms as part of regional fishing arrangements
or agreements to complement the responsibility of flag States. There may be some instances where, due to
deficiencies, such mechanisms cannot be properly operated. In such instances, we need to incorporate rules to allow
for coastal State enforcement. The EC disagreed. The basic principle is and should be that of flag State responsibility,
whether or not the State is a contracting party. Australia said that regional agreements on enforcement should
supplement flag State jurisdiction. Argentina added that all measures should be based on the consent of the flag
States and their consent is necessary for enforcement cases.

What are the functions of a flag State Administration?

(1) Setting, monitoring and enforcing standards of safety and pollution prevention on vessels flying the State’s flag;
(2) enforcing international standards of safety and pollution prevention on foreign ships visiting the State’s ports;
(3) setting and enforcing merchant shipping regulations for the flag State;
(4) surveying and inspecting vessels in accordance with domestic and international regulations;
(5) setting and enforcing standards of seafarers’ competency;
(6) investigating accidents involving ships flying the State’s flag and ships of other flags when in the State’s waters;
(7) approving equipment types for vessels under international regulations;
(8) advising on matters such as loading of hazardous cargoes and other safety matters;
(9) maintaining a register of ships flying the State’s flag; and
(10) monitoring and enforcing compliance with international ship and port security provisions.

What are the duties of a flag State under international law?

Article 94 of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) requires that every State shall
effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
In particular, every State must maintain a register of ships (other than small ships) and assume jurisdiction under its
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 48 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and
social matters concerning the ship.
Do flag State Administrations lay down detailed rules for the strength, construction and maintenance of ships flying
their flags?
No. They generally ensure that ships flying their flags are built to the standards, as regards hull, machinery, electrical
installations and control installations, of a recognized organization, which is usually a classification society authorized
by the flag State Administration.

15. Coastal State jurisdiction

• Coastal State Jurisdiction – UNCLOS stipulates the measures a coastal state can take and coastal state jurisdiction to
ensure peace and good order in their territorial sea. Such a provision provides the coastal state with the necessary
latitude to take measures to investigate or prevent such occurrences that would be dangerous or detrimental to the
coastal state.
• UNCLOS is careful to prevent creeping coastal state jurisdiction over violations which have occurred prior to the ship
entering the territorial sea from a foreign port, granted it is in transit and not entering the coastal state’s internal
waters or ports.
Article 56 of UNCLOS offers coastal states jurisdiction in their EEZ, with regard to:
1. Artificial islands, installations and structures;
2. Marine scientific research; and
3. Protection and preservation of the marine environment
• In order for a coastal state to enforce further control beyond the territorial sea, into the Exclusive Economic Zone
(EEZ), they must contact the subject vessel’s flag state to fulfil flag state obligations, or develop and exercise port state
jurisdiction. Eventually, the ship will have to call at a port.
• National legislation criminalizing certain actions such as environmental damage, carriage of firearms, drugs, or other
controlled substances, or even non-compliant labour practices and substandard ship conditions, or agreements with
other port states upholding related legislation, can then provide port state jurisdiction to enforce compliance as
described below.

Article 56

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State has:


(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard
to other activities for the economic exploitation and exploration of the zone, such as the production of energy from
the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c.) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal
State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the
provisions of this Convention.
3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part
VI.

Concurrent Jurisdiction
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 49 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• There is no prohibition of concurrent jurisdiction under UNCLOS, and vessels therefore can be subject to the
jurisdiction of states besides the flag state in certain circumstances, such as entering their maritime zones and ports.
Any exception to this?
• Of course, yes! Government-owned non-commercial vessels and warships are immune to any other jurisdiction
except the Flag State’s as stipulated by Article 32 of UNCLOS, and are under no circumstances subject to the
jurisdiction of other states.
• The prescriptive power of coastal states can be seen as a way to control the condition of ships navigating lawfully
through their territorial seas. UNCLOS lays down rules for enforcement powers by coastal states toward vessels in
their maritime zones, specifically in their territorial seas, in Articles 27 and 28.

Article 27

Coastal State Jurisdiction – Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board
the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or
consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the
purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal
waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic
agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or
officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to
the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part
V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime committed before the ship entered the territorial
sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal
waters.

Article 28

Civil jurisdiction in relation to foreign ships

1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of
exercising civil jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save
only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its
voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution
against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing
through the territorial sea after leaving internal waters.
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 50 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

16. Port State jurisdiction

A. Introduction

1 Port State jurisdiction is the competence of States to exercise prescriptive (or legislative) and enforcement
jurisdiction over foreign vessels within their ports. Like land borders, seaports give access to the landmass of a State
for persons and goods, and are therefore logical points of control for, inter alia, customs, immigration, sanitation, and
national security purposes (Border Controls). Ports also offer an obvious opportunity for verifying whether visiting
foreign ships comply with certain types of national or international rules and standards and if they have engaged in
certain illegal behavior in the maritime zones of the coastal State in which the port is located, or beyond. The costs
and difficulties of at-sea enforcement also mean that, despite its shortcomings, in-port enforcement is often
preferable or, in fact, the only enforcement option (Maritime Jurisdiction)

2 Port State jurisdiction may not only serve more immediate national interests, it can also further the interests of the
international community, for instance in relation to maritime safety and security (Maritime Safety Regulations),
marine environmental protection, sustainable use and conservation of marine living resources, food security, and
conservation of marine biodiversity (Marine Environment, International Protection). The more immediate national
interests and the interests of the international community frequently coincide as well. Illegal, unreported, and
unregulated (‘IUU’) fishing and illegal vessel-source pollution on the high seas, for example, often have transboundary
effects on species or the broader marine environment of the maritime zones of the coastal State in which the port is
located (Marine Pollution from Ships, Prevention of and Responses to).

3 By complementing the flag State’s responsibility over its ships (Flag of Ships), port States can make an important
contribution to ensuring compliance with national and international regulatory efforts. Flag States, beneficial owners,
and operators who benefit as ‘free riders’ or flags of convenience from the primacy of flag State jurisdiction on the
high seas and the consensual nature of international law can, through port State jurisdiction, be deprived of
competitive advantages, for example lower operating costs and avoidance of catch restrictions. The level playing-field
for maritime activities thereby promoted is an essential component of, or even a prerequisite for, safeguarding many
of the aforementioned interests of the international community.

4 Where port State jurisdiction remains entirely optional, it inevitably leads to so-called ‘ports of convenience’ where
less stringent levels and efforts of prescription and enforcement exist. Incentives for operating ports of convenience
include port fees, use of port services (eg landing, transhipping, processing, refuelling and resupplying), linkages with
transport on land, and associated socio-economic interests. These incentives may lead to situations where
multilaterally agreed standards, for instance those adopted within the International Maritime Organization (IMO), the
International Labour Organization (ILO), or regional fisheries management organizations or arrangements (RFMOs;
Fisheries, Commissions and Organizations), are poorly enforced or not at all.

5 There are currently no definitions for the terms ‘port State’ or ‘coastal State’ in the UN Convention on the Law of
the Sea or another global instrument with near-universal participation. Nevertheless, when ‘port State’ is used in the
sphere of the international law of the sea it commonly relates to foreign vessels. Depending on the instrument, the
term ‘port State’ may concern compliance with standards within ports, within the maritime zones of the coastal State
in which the port is located, within the maritime zones of other coastal States, on the high seas, and within the ‘Area’
(the seabed beyond national jurisdiction; see Art. 1 (1) (1) UN Convention on the Law of the Sea; International Seabed
Area).

6 The term ‘port State jurisdiction’ is broader than the term ‘port State control’. The latter term is best understood in
light of the rationale of the Paris Memorandum of Understanding on Port State Control (‘Paris MOU’) and other
regional merchant shipping port State control (‘PSC’) arrangements modelled thereon. These regional arrangements
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 51 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

responded to inadequate flag State performance and ports of convenience by, inter alia, harmonized and coordinated
PSC procedures and commitments to carry out inspections, and to take predominantly corrective enforcement action
(eg detention for the purpose of rectification). These regional arrangements—even though nonlegally binding—
contain saving clauses (eg Secs 1.7 and 9.1 Paris MOU [incl. 36 amendment]) to ensure that nothing in them affects
the port State’s so-called ‘residual jurisdiction’. Such residual jurisdiction allows the port State to prescribe more
stringent standards and take more onerous enforcement measures than those internationally agreed. Within the
sphere of international fisheries law, the term ‘port State control’ is often used together with the term ‘port State
measures’. The latter term is used consistently in the Food and Agriculture Organization of the United Nations (FAO)
Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (‘FAO
PSM Agreement’). Its usage in the FAO PSM Agreement indicates that port State measures can relate to prescription
as well as to enforcement, and that it is therefore more akin to port State jurisdiction than port State control.

B. Port State Jurisdiction under General International Law

1. Access to Ports

7 As ports lie wholly within a State’s territory and fall on that account under its territorial sovereignty, general
international law acknowledges a port State’s wide discretion in exercising jurisdiction over its ports (see Military and
Paramilitary Activities in and against Nicaragua Case [Nicaragua v United States of America] [Merits] [1986] ICJ Rep
14 para. 213; Arts 25 (2), 38 (2), 211 (3) and 255 UN Convention on the Law of the Sea; Art. 4 (1) (b) FAO PSM
Agreement). While there may often be a presumption of access to ports, general international law gives foreign
vessels no general right of access to ports. Art. 2 Statute to the Convention on the International Regime of Maritime
Ports (Statute), which provides for access to port based on national treatment and reciprocity, does not affect this
conclusion due to the current limited participation in the Convention on the International Regime of Maritime Ports
and the fact that the conditional right which it establishes is further qualified, for instance in relation to fishing vessels
(Fishing Boats) and warships (Arts 13 and 14 Statute). Arts 4 (1) (b) and 7–9 FAO PSM Agreement as well as the many
bilateral port access agreements in existence today, are further arguments for the absence of a general right of access
to ports under general international law. This summarized majority view contrasts with minority views, which
postulate either that port State jurisdiction must rely on an explicit treaty provision or that port State residual
jurisdiction under customary international law was brought about by specific treaty provisions.

8 The above conclusions on the extensive nature of port State jurisdiction and the absence of a general right of access
to ports under general international law within the domain of the international law of the sea are mutatis mutandis
also applicable to airports and airport States within the domain of international air law (see eg the judgment of the
European Court of Justice[‘ECJ’] in Case C-366/10 Air Transport Association of America and others v Secretary of State
for Energy and Climate Change ).

9 A widely acknowledged exception to the abovementioned discretion is a ship in distress (Ships in Distress) or in a
force majeure situation. Even in these cases, however, the specific circumstances may be such that the interests of
the port or coastal State override those of the ship. This understanding is reflected by the neutral wording of Art. 10
FAO PSM Agreement. The IMO Guidelines on Places of Refuge for Ships in Need of Assistance of December 2003 (‘IMO
2003 Guidelines’), adopted in the aftermath of the disaster with the Prestige in 2002, confirm the need to balance the
various interests attached to the ship and its crew with those of the port and/or coastal State (see, inter alia, paras
3.12–3.14 IMO 2003 Guidelines). In January 2009, a majority within IMO’s Legal Committee did not see the need for
a convention on places of refuge when discussing a draft instrument developed by the Comité Maritime International.

2. Conditions for Entry into Port

10 A port State’s jurisdiction to prescribe conditions for entry into port is subject to a number of restrictions. Some of
these ensue from its participation in specific treaties. The principle of nondiscrimination, for instance, is widely
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 52 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

recognized in the international law of the sea (see Arts 24 (1) (b), 25 (3), 119 (3), and 227 UN Convention on the Law
of the Sea) and international trade law (see Art. XX General Agreement on Tariffs and Trade 1994 (‘GATT 1994’); see
also the discussion below on the implications of international trade law).

11 A State’s adherence to IMO instruments such as the International Convention for the Prevention of Pollution from
Ships (‘MARPOL 73/78’) may also affect its residual jurisdiction as a port State due to specific provisions (eg Sec. 15
(1) Annex VI to MARPOL 73/78). Whether or not mere adherence to such instruments—in the absence of specific
restrictive provisions—also constrains a port State’s residual jurisdiction is an issue under debate. It should
nevertheless be noted that residual port State prescriptive jurisdiction is explicitly confirmed by various provisions in
IMO instruments and supported by limited but significant State practice, including by the United States and the
European Union.

12 It is also widely recognized that port States commonly do not exercise jurisdiction with respect to affairs regarded
to be internal to the ship and that do not affect the interests of the port State. Many commentators argue that this is
merely a matter of comity and policy and does not prejudice a port State’s entitlement to exercise such jurisdiction.
What constitutes ‘internal affairs’ of the ship and ‘interests’ of the port State, depends to a large extent on specific
circumstances as well as on the evolving dominant views in the international community. The working and living
conditions— including hours and wages—of crew on board foreign vessels that regularly call on ports in States where
significantly different conditions apply, are an example in this regard.

13 The limitations arising from diplomatic immunities and sovereign immunities for foreign warships and other
government ships operated for non-commercial purposes can be mentioned here as well (as, inter alia, confirmed in
para. 95 Order of 15 December 2012 by the International Tribunal for the Law of the Sea [‘ITLOS’] on a request for
provisional measures in the ARA Libertad Case [Argentina v Ghana].

14 Another general limitation on jurisdiction imposed by customary international law is the need for a sufficiently
close or substantial connection with the person, fact, or event and the State exercising jurisdiction. This aims at
creating order by minimizing overlaps in jurisdiction. However, unless and until States are bound to more specific
limitations on jurisdiction, for instance through their adherence to treaties containing such specifications, it will be up
to an international court or tribunal to rule on the sufficiency of a jurisdictional link in a particular case.

3. Leaving Port

15 As a corollary to the absence of a general right of access to ports under general international law and the port
State’s broad discretion in stipulating conditions for entry into port, there is in principle no objection to setting
conditions for the departure from ports as a condition for entry. This so-called ‘departure State jurisdiction’ can, for
example, be used to require mandatory disposal of all types of waste in port to ensure that these will not be illegally
discharged after departure (eg Art. 7 Directive 2000/59/EC of 27 November 2000). The exercise of departure of State
jurisdiction may sometimes even be mandatory, for instance in cases where ‘applicable international rules and
standards relating to seaworthiness of vessels’ are violated and this ‘threatens damage to the marine environment’
(Art. 219 UN Convention on the Law of the Sea). As confirmed by the ITLOS in its judgment in the M/V ‘Louisa’ Case
(Saint Vincent and the Grenadines v Spain [28 May 2013]), the freedom of navigation on the high seas laid down in
Art. 87 UN Convention on the Law of the Sea does not give a vessel ‘a right to leave the port and gain access to the
high seas notwithstanding its detention in the context of legal proceedings against it’ (para. 109).

4. Legal Bases for Port State Jurisdiction

16 Port State jurisdiction can either be territorial, quasi-territorial, or extra-territorial. The sufficiency of the territorial
principle as a basis for jurisdiction can be presumed unless international law stipulates otherwise. Illegal behaviour
occurring in port can be addressed through territorial jurisdiction. As regards behaviour prior to entry, port States can
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 53 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

still rely on territorial jurisdiction in case the behaviour took place within maritime zones that fall within their territory,
namely their internal waters, archipelagic waters, or territorial sea (for areas in which the regime of transit passage
applies see below).

17 Jurisdiction based on the territorial principle can sometimes still be used even though extraterritorial jurisdiction
is not possible, for instance with regard to unregulated high seas fishing (Fisheries, High Seas; see below). The focus
of enforcement should then not be illegal behaviour beyond port but on illegal behaviour within port. Obstruction of
in-port inspection and investigation, or providing false or incomplete information to the inspection authorities (eg oil
record books or declarations of not having engaged in, or supported, IUU fishing or fishing activities), could be options
in that regard. The United States makes extensive use of this approach.

18 Port State jurisdiction with regard to construction, design, equipment, and manning (‘CDEM’) standards warrants
separate discussion. Due to their static nature, the level of non-compliance with CDEM standards is commonly uniform
throughout a vessel’s voyage. This is quite different from discharge standards and many types of fisheries conservation
and management measures, where a vessel’s non-compliance generally occurs only during part of the vessel’s voyage.
Unlike CDEM standards, these standards and measures essentially seek to regulate ‘behaviour’. Irrespective of the
question as to whether or not CDEM standards seek to regulate behaviour, however, it is conclusive for the
jurisdictional basis that non-compliance continues to occur in port. Jurisdiction can therefore be safely based on the
territorial principle (see also para. 125 ECJ judgment in Case 366/10).

19 The use of port State jurisdiction in the context of the regime of transit passage in straits used for international
navigation laid down in Sec. 2 of Part III of the UN Convention on the Law of the Sea (Straits, International), led to
heated debate following the joint Australia–Papua New Guinea 2003 proposals within IMO to designate the Torres
Strait as an extension of the Great Barrier Reef particularly sensitive sea area (‘PSSA’) and to complement this with
compulsory pilotage as an associated protective measure (‘APM’). Under the UN Convention on the Law of the Sea,
vessels in transit passage are subject to the limited jurisdiction that coastal States can exercise individually pursuant
to Art. 42 (1) UN Convention on the Law of the Sea, or in cooperation with the IMO pursuant to, or along the lines of,
Art. 41 UN Convention on the Law of the Sea. By means of Resolution MEPC.133(53) of 22 July 2005, IMO’s Marine
Environment Protection Committee approved the PSSA extension and recommended governments to ‘inform ships
flying their flag that they should act in accordance with Australia’s system of pilotage for merchant ships 70 m in
length and over’ (at para. 3). Despite this non-mandatory wording, however, Australia issued Marine Notice 8/2006
(no longer current) pursuant to Secs 186G–186L of its Navigation Act1912 (Cth) (since replaced by Secs 162–73
Navigation Act 2012 [Cth]), which stipulated that non-compliance with its compulsory pilotage system by foreign
vessels would lead to the imposition of non-custodial penalties in port or for ships in transit, at the next port of call in
Australia. This was softened somewhat by Marine Notice 16/2006 (no longer current), which notes that non-
compliance ‘may result’ in prosecution. Mainly between 2006 and 2008 several States—including the United States
and Singapore—repeatedly took the view within IMO and the UN General Assembly that such sanctions would be
inconsistent with Resolution MEPC.133(53) and the UN Convention on the Law of the Sea. Subsequently, Australia
issued Marine Notice 07/2009, which notes that non-compliance triggers a ‘risk’ of prosecution. Classified United
States embassy cables disclosed by WikiLeaks in 2011 suggest that these changes were the result of diplomatic
consultations between Australia and the United States. In September 2013, Australian authorities advised that no
instances of noncompliance had occurred since Marine Notice 8/2006 was issued. As Australia has therefore never
actually denied access to port—either immediately or at a next call—or imposed non-custodial penalties for non-
compliance with the pilotage requirements, its practice on port State enforcement jurisdiction is in line with State
practice examined below in the scenario of unregulated fishing on the high seas.
20 Jurisdiction over behavior that occurs beyond the port State’s territory can either be quasiterritorial or extra-
territorial. The former relates to jurisdiction over the port State’s own exclusive economic zone (‘EEZ’) or continental
shelf pursuant to Arts 56 and 77 UN Convention on the Law of the Sea. Proceeding from this understanding of quasi-
territorial jurisdiction, truly extra-territorial jurisdiction exercised by a port State relates to behavior that occurs

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 54 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

beyond the maritime zones of the coastal State in which the port is located; therefore on the high seas, in the Area,
or in the maritime zones of other States.

21 The legality of extra-territorial port State jurisdiction under international law depends on two aspects, namely a
sufficient jurisdictional basis and the type of enforcement measure taken. A sufficient jurisdictional basis could, for
instance, be provided by a treaty—whatever its underlying rationale—or by justifiable reliance on a jurisdictional
principle, such as the universality principle or the security principle.

22 The relevance of the type of enforcement measures opted for is directly related to the absence of a right of access
to ports under general international law. Examples of port State enforcement measures include: a) Denial of landing,
transhipment, or processing of cargo;
b) Denial of use of other port services, such as refuelling, other forms of re-supplying (eg water, food, equipment, bait
and changing crew) and maintenance and drydocking;
c) Denial of access to ports (ad hoc or a priori);
d) Boarding and inspection;
e) Detention until standards are complied with, eg repairs to meet technical standards; and
f) Monetary or other penalties, including confiscation of ship or cargo, for violations of national legislation.

23 A distinction can be made between measures a–c on the one hand and measures e–f on the other hand. The
principal aim of the former three is to withhold benefits to which foreign vessels are not entitled under general
international law. The latter two, however, are punitive or at least have a punitive element. While the punitive
character of detention for the purpose of making repairs appears at first sight less onerous than that of a monetary
penalty, owners or operators of large merchant vessels (Merchant Ships) may often prefer the latter. For such ships
an extra day or even a couple of extra hours of idleness in port can be very costly.

24 There are two general rules on the relationship between prescriptive and enforcement jurisdiction. First,
enforcement is only lawful if based on legislation that has been enacted in accordance with international law and
which is applicable to the specific circumstances of the event calling for enforcement. Second, national legislation
enacted in accordance with international law does not necessarily bring unlimited enforcement powers (see eg Art.
220 (5) and (6) UN Convention on the Law of the Sea).
5. Illegal Discharges and Unregulated Fishing on the High Seas

25 The argument that the legality of extra-territorial port State jurisdiction depends above all on the two aspects
mentioned above can be illustrated by comparing the scenario of illegal discharges on the high seas with that of
unregulated fishing on the high seas.

26 In the former scenario, Art. 218 UN Convention on the Law of the Sea grants port States the right to institute
proceedings and impose monetary penalties for illegal discharges that have occurred beyond its own maritime zones.
The illegality of the discharges arises due to a ‘violation of applicable international rules and standards’. This set of
rules would seem to include at any rate the discharge standards contained in the Annexes to MARPOL 73/78 which
have achieved the level of ‘generally accepted’, as well as other rules and standards that are applicable in the mutual
enforcement relationship of the States concerned. The right to institute proceedings granted by Art. 218 UN
Convention on the Law of the Sea is subject to various conditions in its other paragraphs, the safeguards in Sec. 7—in
particular Arts 226, 228, 230, and 231 UN Convention on the Law of the Sea—and the prompt release procedure in
Art. 292 UN Convention on the Law of the Sea (Prompt Release of Vessels and Crews). Whereas various States have
enacted national legislation to implement Art. 218 UN Convention on the Law of the Sea (eg pursuant to EU Directive
2005/35), it is not clear whether these have also led to actual enforcement measures being taken or the institution of
proceedings.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 55 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

27 The scenario above contrasts sharply with the scenario of unregulated fishing on the high seas. Art. 116 UN
Convention on the Law of the Sea recognizes that all States have a right for their nationals to fish on the high seas.
This right is subject to, inter alia, the obligation to cooperate with coastal States and other high seas fishing States
(Arts 63 (2), 64–67, and 116–19 UN Convention on the Law of the Sea). This obligation to cooperate is strengthened
by Art. 8 (3) Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the
Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks (UN Fish Stocks Agreement), by which States fishing for straddling and highly migratory fish stocks are
obliged to cooperate with, or become a member of the relevant RFMO. Art. 8 (4) UN Fish Stocks Agreement stipulates
that only members or cooperating non-members shall have access to the relevant fishery resources. Unregulated high
seas fishing thus essentially means fishing by flag States that are non-members of the relevant RFMO and fail to
comply with the obligation as expressed by Art. 8 (3) UN Fish Stocks Agreement.

28 Pursuant to Art. 23 (1) UN Fish Stocks Agreement, a port State ‘has the right and the duty’ to take certain measures
in its ports. These measures are, inter alia, the inspection of documents, fishing gear, and catch and, when it has been
established that the catch was ‘taken in a manner which undermines the effectiveness of sub-regional, regional or
global conservation and management measures on the high seas’ the prohibition of landings and transhipments (Art.
23 paras (2) and (3) UN Fish Stocks Agreement). However, neither the UN Convention on the Law of the Sea nor the
UN Fish Stocks Agreement contains a provision similar to Art. 218 UN Convention on the Law of the Sea but tailored
to the scenario of unregulated high seas fishing.

29 Some uncertainty is nevertheless caused by the saving clause in Art. 23 (4) UN Fish Stocks Agreement, which reads:
‘[n]othing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance
with international law’. There seem to be two views on the purpose of this clause. According to the first, its purpose
is merely to confirm the powers that port States already have under customary international law. By emphasizing that
this is not a progressive development of international law, the saving clause ensures that the measures referred to
cannot just be applied on an inter se basis but also against vessels flying the flag of non-parties to the UN Fish Stocks
Agreement. In this reading, the real innovation of Art. 23 UN Fish Stocks Agreement is that port State jurisdiction is
not merely optional. However, even though the use of ‘duty’ in Art. 23 (1) UN Fish Stocks Agreement establishes
mandatory port State jurisdiction as a general rule, this is considerably softened by the use of the optional ‘may’ in
relation to all the specific enforcement measures referred to in the subsequent paragraphs.
30 According to a second interpretation, however, the saving clause serves the additional purpose of upholding more
extensive rights—residual jurisdiction therefore—to which a port State would be entitled under customary
international law. This could be the prescription of unilateral— rather than sub-regional, regional, or global—
conservation and management measures, as well as the use of more onerous enforcement measures. In view of the
discussion above, the more onerous enforcement measures are the most controversial. There seems to be no
unambiguous support for this aspect of the second interpretation, either in other relevant international fisheries
instruments or in the practice of individual States. A few RFMOs nevertheless authorize or even require their members
to confiscate catch of foreign vessels in their ports in certain very specific scenarios. Art. 4 (1) (b) FAO PSM Agreement
acknowledges this practice and the right of port States to impose a more onerous enforcement measure pursuant to
a decision of a regional fisheries management organization.

C. Implications of International Trade Law

31 As already mentioned, a port State’s adherence to treaties can constrain its broad jurisdiction under general
international law. A potentially very significant example is the GATT 1994 which, inter alia, lays down the freedom of
transit and the prohibition of quantitative restrictions in Arts V (3) and XI. In 2000 these two provisions were invoked
by the (then) European Community when it instituted a World Trade Organization (WTO) dispute settlement
procedure against Chile for prohibiting Spanish fishing vessels to land swordfish in Chilean ports, even for the purpose
of transhipment (WTO Chile—Measures Affecting the Transit and Importation of Swordfish—Request for
Consultations by the European Communities [26 April 2000] WT/DS193/1). The large number of States that reserved
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 56 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

their third-party rights in this procedure bears witness to the significance of the issues and the interests involved:
Australia, Canada, Ecuador, Iceland, India, Norway, and the United States. Shortly thereafter, Chile instituted a dispute
settlement procedure against the EC under the UN Convention on the Law of the Sea, which eventually led to the
Swordfish Case before the ITLOS ( Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern
Pacific Ocean [Chile/European Community][Order] ITLOS Case No 7 [20 December 2000]). In 2001, the parties to the
disputes agreed to suspend both procedures while reserving the right to unilaterally revive them. The ITLOS procedure
was discontinued in 2009 and the WTO procedure in 2010, among other things in light of the adoption by Chile and
the EU of the Understanding Concerning the Conservation of Swordfish Stocks in the South Eastern Pacific Ocean (not
in force) late in 2009.

32 From the perspective of general international law, the Chilean exercise of extra-territorial port State jurisdiction is
prima facie problematic in view of the freedom of fishing on the high seas and the primacy of flag State jurisdiction
on the high seas. But, as there is no indication that more onerous enforcement measures have been resorted to, it
may still be justified. From the perspective of international trade law, however, it may be an entirely different matter.
In order to rely successfully on Art. XX (g) of GATT 1994, Chilean regulations must not constitute unjustifiable or
arbitrary discrimination or a disguised restriction of international trade and this depends above all on Chile’s serious
and good faith negotiation efforts with the EC, in part in view of the similar efforts of the EC. Initial reports in the US–
Shrimp Case (WTO United States—Import Prohibition of Certain Shrimp and Shrimp Products [15 May 1998]
WT/DS58/R paras 7.43, 7.55, and 9.1; and Appellate Body Report WTO United States—Import Prohibition of Certain
Shrimp and Shrimp Products [12 October 1998] WT/DS58/AB/R para. 186) accepted implicitly that if serious and good
faith (bona fide) negotiation efforts do not lead to multilateral agreement, unilateral measures may not be in violation
of international trade law. More recent phases in the US–Shrimp Case have explicitly upheld unilateral trade
measures. It seems that the need for a multilateral solution should be weighed and balanced against the gravity of
the concerns for the marine environment, marine biodiversity and the urgency for regulatory action.

33 Another opportunity for an international ruling on the impact of GATT 1994 and international trade law on the
discretion of port States under the international law of the sea, could arise in the WTO dispute settlement procedure
instituted in November 2013 by Denmark (in respect of the Faroe Islands) against the EU in relation to Atlanto–
Scandian herring ( European Union– Measures on Atlanto-Scandian Herring–Request for Consultations by Denmark
in respect of the Faroe Islands [4 November 2013] WT/DS469/1). According to the Faroe Islands, certain coercive
economic measures taken by the EU––including the closure of EU ports to Faroese vessels (pursuant to Art. 5 (2)
Commission Implementing Regulation [EU] No 793/2013 of 20 August 2013)–– are inconsistent with Arts I (1), V (2)
and XI GATT 1994. Interestingly, several months before, in August 2013, Denmark (in respect of the Faroe Islands) also
instituted proceedings against the EU in relation to Atlanto–Scandian herring pursuant to the UN Convention on the
Law of the Sea. In its Statement of Claim, the Faroe Islands holds that the (threats of) abovementioned measures
amount to a breach of the EU’s obligation to cooperate in relation to shared fish stocks laid down in Art. 63 (1) UN
Convention on the Law of the Sea (on file with author).

D. Expanding Scope and Spatial Coverage

34 Port State jurisdiction is likely to have been used for many centuries for the purpose of immigration, sanitation,
customs, and national security. Within the sphere of the international law of the sea, port State jurisdiction became
increasingly more widely accepted as a remedy for the failure of flag States to exercise effective jurisdiction and
control over their ships. Incrementally, provisions on port State control or jurisdiction were inserted in all of the
relevant IMO and ILO instruments. A milestone outside the sphere of IMO was the adoption of the Paris MOU in 1982.
Initially, the inspections under the Paris MOU were predominantly focused on maritime safety but the focus was
gradually broadened with standards on marine environmental protection, navigation, and working and living
conditions. The expansions in the scope in standard-setting within IMO since the early 1990s (eg operational
standards, vessel-source air pollution, maritime security, and antifouling systems) all had a port State control or

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 57 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

jurisdiction component and have or will lead to consequential expansions within regional merchant shipping PSC
arrangements.

35 Significant developments also took place outside the sphere of IMO and ILO, for instance by means of the adoption
of the UNESCO Convention on the Protection of the Underwater Cultural Heritage, which imposes an obligation on
port States in Art. 15. Also, the 2005 International Health Regulations adopted by the World Health Organization will
broaden the obligations of port States while at the same time acknowledging their residual jurisdiction (see, inter alia,
Arts 3 (4) and 43 International Health Regulations).

36 In the sphere of international fisheries law, most RFMOs now have regimes for port State measures. The practice
of RFMOs that pioneered in this respect inspired the negotiation of the 2009 FAO PSM Agreement. Its entry into force
and anticipatory implementation is expected to lead to more regional efforts on port State measures to combat IUU
fishing, in particular within RFMOs.

37 The previous paragraphs show that the scope of port State jurisdiction has expanded enormously in recent
decades. Also, not only have the number, duration, and complexity of inspections increased, this is also likely to be
true for the frequency of multiple inspections and the involvement of multiple national inspection authorities.
Integrated port State enforcement at the national level and increased coordination at the regional and inter-regional
levels are required to address these issues of capacity and logistics. In some scenarios, integrated enforcement can
also offer port States enforcement opportunities in one regulatory sphere (eg maritime security or working and living
conditions) that can be used against vessels that have engaged in behaviour in another sphere (eg unregulated high
seas fishing), where more onerous enforcement measures are not available to the port State. Art. 5 (a) FAO PSM
Agreement contains an obligation to pursue integrated port State enforcement ‘to the greatest extent possible’.

38 The adoption of the Paris MOU responded in part to the emergence of ports of convenience brought about by the
optional nature of port State jurisdiction under the UN Convention on the Law of the Sea (see in particular Arts 25 (2)
and 218 (1) as opposed to Arts 94, 211 (2) and 217 UN Convention on the Law of the Sea) as well as IMO instruments.
Whereas many IMO instruments contain provisions on in-port inspection, they do not oblige port States to carry out
inspections but rather stipulate that once they do inspect, such inspections are limited in certain ways, for example
to a certificate check (eg Art. 5 MARPOL 73/78).

39 The 1991 IMO Assembly Resolution A.682(17), entitled ‘Regional Co-operation in the Control of Ships and
Discharges’, acknowledged the added value of the Paris MOU and commenced efforts to create a global network of
regional merchant shipping PSC arrangements. The expansion in participation in the Paris MOU and the creation and
expansion of eight new arrangements since then, ie Asia and the Pacific (Tokyo MOU); Latin America (Acuerdo de Viña
del Mar); Caribbean (Caribbean MOU); West and Central Africa (Abuja MOU); the Black Sea region (Black Sea MOU);
the Mediterranean (Mediterranean MOU); the Indian Ocean (Indian Ocean MOU); and the Arab States of the Gulf
(Riyadh MOU), means that almost complete global coverage has now been achieved; except, arguably, for the Arctic
Ocean/region and the Southern Ocean/Antarctic region. However, mere geographical coverage does not necessarily
mean that the performance achieved by the Paris and Tokyo MOUs is also achieved by the other regional PSC
arrangements. Differences in performance are among other things caused by overdue updates of constitutive
instruments in view of developments at IMO and ILO and by lack of adherence by the participating authorities with
the underlying regulatory conventions.

40 In the sphere of marine capture fisheries, States have committed to exercising port State jurisdiction through the
2001 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (‘IPOA-
IUU’), and parties to the UN Fish Stocks Agreement are legally bound to do so pursuant to its Art. 23. At the regional
level, most RFMOs that deal with straddling, highly migratory, and discrete high seas fish stocks have developed port
State practices. There is nevertheless cause for improvement, however, as many of the regimes are optional or apply

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 58 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

exclusively to vessels flying the flag of non-members of the RFMO. Such discrimination may be unjustifiable and
thereby inconsistent with international trade law.

41 The 2004 Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing (‘FAO
Model Scheme on PSM’) aims to contribute to the creation of a global network of regional port State jurisdiction in
the sphere of the regulation of marine capture fisheries, and offers guidance and opportunities for harmonization in
this respect. This is essentially similar to the objectives of the 1991 IMO Assembly Resolution A.682(17) (see above).
The decision to commence the negotiation process on the FAO PSM Agreement nevertheless underscored that the
FAO Model Scheme on PSM was not regarded as an adequate solution for the aims it pursued. As noted above, the
FAO PSM Agreement lays down global minimum standards and thereby fosters a level playing field among regions.
Arts 6 and 9 (4), in conjunction with Art. 4 (2)–(3) FAO PSM Agreement also link future parties, to some extent, to the
conservation and management measures of RFMOs to which they would not otherwise be legally bound. These
linkages could be regarded as a step towards the development of a duty under general international law for port
States to cooperate with a relevant RFMO; quite similar to the flag State’s obligation under Art. 8 (3) UN Fish Stocks
Agreement. Crucial for this development, however, is the entry into force of the FAO PSM Agreement. In March 2014,
only 10 States and the EU had ratified, accepted, approved, or acceded to, the Agreement; well short of the 25
required for entry into force (Art. 29 (1)).

E. Conclusions

42 As reflected in the discussion above, port State jurisdiction is gradually moving from optional use in limited
regulatory spheres towards comprehensive and mandatory use through regional and global instruments and
arrangements. Awareness that the interests of the international community are not only undermined by free riders
in their capacity as flag States but also in their capacity as port States, is expected to spread due to current and future
concerns, including the alarming rate of loss of marine biodiversity. It may therefore not be long before the notion of
the ‘responsible port State’ becomes firmly established in law and policy.

17. Describe main elements of relevant IMO Conventions, e.g. SOLAS, MARPOL &STCW

The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets
minimum safety standards in the construction, equipment and operation of merchant ships. The convention requires
signatory flag states to ensure that ships flagged by them comply with at least these standards.
The current version of SOLAS is the 1974 version, known as SOLAS 1974, which came into force on 25 May 1980. As
of November 2018, SOLAS 1974 had 164 contracting states, which flag about 99% of merchant ships around the world
in terms of gross tonnage.
SOLAS in its successive forms is generally regarded as the most important of all international treaties concerning the
safety of merchant ships.
Signatories
As at March 2016, SOLAS 1974 had 162 contracting States, which flag about 99% of merchant ships around the world
in terms of gross tonnage. As of 2015, the non-parties to SOLAS 1974 include Bolivia, Lebanon and Sri Lanka, all
considered flag of convenience states.

Provisions

SOLAS 1974 requires flag states to ensure that ships flagged by them comply with the minimum safety standards in
the construction, equipment and operation of merchant ships. The treaty includes articles setting out general
obligations, etc., followed by an annexes divided into twelve chapters, two new chapters were added in 2016 and
2017. Of these, chapter five (often called 'SOLAS V') is the only one that applies to all vessels on the sea, including
private yachts and small craft on local trips as well as to commercial vessels on international passages. Many countries

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 59 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

have turned these international requirements into national laws so that anybody on the sea who is in breach of SOLAS
V requirements may find themselves subject to legal proceedings.

Chapter I – General Provisions

Surveying the various types of ships and certifying that they meet the requirements of the convention.
Chapter II-1 – Construction – Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments so that after damage to its hull, a vessel will
remain afloat and stable.
Chapter II-2 – Fire protection, fire detection and fire extinction
Fire safety provisions for all ships with detailed measures for passenger ships, cargo ships and tanker.
Chapter III – Life-saving appliances and arrangements
Life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according
to type of ship. The specific technical requirements are given in the International Life-Saving Appliance (LSA) Code.
Chapter IV – Radiocommunications
The Global Maritime Distress Safety System (GMDSS) requires passenger and cargo ships on international voyages to
carry radio equipment, including satellite Emergency Position Indicating Radio Beacons (EPIRBs) and Search and
Rescue Transponders (SARTs).
Chapter V – Safety of navigation
This chapter requires governments to ensure that all vessels are sufficiently and efficiently manned from a safety
point of view. It places requirements on all vessels regarding voyage and passage planning, expecting a careful
assessment of any proposed voyages by all who put to sea. Every mariner must take account of all potential dangers
to navigation, weather forecasts, tidal predictions, the competence of the crew, and all other relevant factors. It also
adds an obligation for all vessels' masters to offer assistance to those in distress and controls the use of lifesaving
signals with specific requirements regarding danger and distress messages. It is different from the other chapters,
which apply to certain classes of commercial shipping, in that these requirements apply to all vessels and their crews,
including yachts and private craft, on all voyages and trips including local ones.
Chapter VI – Carriage of Cargoes
Requirements for the stowage and securing of all types of cargo and cargo containers except liquids and gases in
bulk.
Chapter VII – Carriage of dangerous goods
Requires the carriage of all kinds of dangerous goods to be in compliance with the International Bulk Chemical Code
(IBC Code), The International Code of the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC
Code) and the International Maritime Dangerous Goods Code (IMDG Code).
Chapter VIII – Nuclear ships
Nuclear powered ships are required, particularly concerning radiation hazards, to conform to the Code of Safety
for Nuclear Merchant Ships.
Chapter IX – Management for the Safe Operation of Ships
Requires every shipowner and any person or company that has assumed responsibility for a ship to comply with
the International Safety Management Code (ISM).
Chapter X – Safety measures for high-speed craft
Makes mandatory the International Code of Safety for High-speed craft (HSC Code).
Chapter XI-1 – Special measures to enhance maritime Safety
Requirements relating to organizations responsible for carrying out surveys and inspections, enhanced surveys, the
ship identification number scheme, and operational requirements.
Chapter XI-2 – Special measures to enhance maritime security
Includes the International Ship and Port Facility Security Code (ISPS Code). Confirms that the role of the Master in
maintaining the security of the ship is not, and cannot be, constrained by the Company, the charterer or any other
person. Port facilities must carry out security assessments and develop, implement and review port facility security

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 60 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

plans. Controls the delay, detention, restriction, or expulsion of a ship from a port. Requires that ships must have a
ship security alert system, as well as detailing other measures and requirements.
Chapter XII – Additional safety measures for bulk carriers
Specific structural requirements for bulk carriers over 150 metres in length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the International Code for
Ships Operating in Polar Waters (the Polar Code).

History
Origin and early versions
The first version of SOLAS Treaty was passed in 1914 in response to the sinking of the RMS Titanic, which prescribed
numbers of lifeboats and other emergency equipment along with safety procedures, including continuous radio
watches. The 1914 treaty never entered into force due to the outbreak of the First World War.
Further versions were adopted in 1929 and 1948.
1960 version
The 1960 Convention was adopted on 17 June 1960 and entered into force on 26 May 1965. It was the fourth SOLAS
Convention and was the first major achievement for International Maritime Organization (IMO). It represented a
considerable step forward in modernizing regulations and keeping up with technical developments in the shipping
industry.
1974 version
In 1974 a completely new Convention was adopted to allow SOLAS to be amended and implemented within a
reasonable timescale, instead of the previous procedure to incorporate amendments, which proved to be very slow.
Under SOLAS 1960, it could take several years for amendments to come into force since countries had to give notice
of acceptance to IMO and there was a minimum threshold of countries and tonnage. Under SOLAS 1974, amendments
enter into force via a tacit acceptance procedure – this allows an amendment to enter into force on a specified date,
unless objections to an amendment are received from an agreed number of parties.
The 1974 SOLAS came into force on 25 May 1980, 12 months after its ratification by at least 25 countries with at least
50% of gross tonnage. It has been updated and amended on numerous occasions since then and the Convention in
force today is sometimes referred to as SOLAS, 1974, as amended.
In 1975 the assembly of the IMO decided that the 1974 convention should in future use SI (metric) units only.
1988 version
In particular, amendments in 1988 based on amendments of International Radio Regulations in 1987 replaced Morse
code with the Global Maritime Distress Safety System (GMDSS) and came into force beginning 1 February 1992. The
issues covered by the treaty are set out in the list of sections (above).
2010 version
Later amendments
The up-to-date list of amendments to SOLAS is maintained by the IMO. Previous amendments were made in May
2011. In 2015, another later amendment is the SOLAS Container Weight Verification Regulation VI/2. This regulation,
implemented by the IMO Maritime Safety Committee (MSC) requires that the full weight of loaded containers must
be obtained prior to being onboarded on an ocean vessel. Communicating a weight value has called for the
introduction of a new Electronic Data Interchange (EDI) communication protocol called VGM (Verified Gross Mass) or
VERMAS (Verification of Mass), and involves cooperation between ocean carriers, Freight Forwarders/NVOCCs, EDI
providers as well as exporters. The regulation states that exporters (shippers) are ultimately responsible to obtain a
verified container weight. Originally scheduled for implementation on 1 July 2016, the regulation allows for flexibility
and practical refinement according to the Maritime Safety Committee Memorandum #1548 to 1 October 2016.

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 61 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

MARPOL 73/78

The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978
(MARPOL 73/78, MARPOL is short for International Convention for the Prevention of Pollution from Ships and 73/78
short for the years 1973 and 1978) is one of the most important international marine environmental conventions. It
was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and
seas, including dumping, oil and air pollution.
The original MARPOL was signed on 17 February 1973, but did not come into force at the signing date. The current
convention is a combination of 1973 Convention and the 1978 Protocol, which entered into force on 2 October 1983.
As of January 2018, 156 states are parties to the convention, being flag states of 99.42% of the world's shipping
tonnage.
All ships flagged under countries that are signatories to MARPOL are subject to its requirements, regardless of where
they sail and member nations are responsible for vessels registered on their national ship registry.

Provisions

MARPOL is divided into Annexes according to various categories of pollutants, each of which deals with the regulation
of a particular group of ship emissions

List of the MARPOL 73/78 Annexes

Annex I
Prevention of pollution by oil & oily water
Entry into force: 2 October 1983
Annex II
Control of pollution by noxious liquid substances in bulk
Entry into force: 6 April 1987
Annex III
Prevention of pollution by harmful substances carried by sea in packaged form
Entry into force: 1 July 1992
No. of Contracting Parties/States:
138
% of the World Tonnage:
97.59
Annex IV
Pollution by sewage from ships
Entry into force: 27 September 2003
Annex V
Pollution by garbage from ships
Entry into force: 31 December 1988
Annex VI
Prevention of air pollution from ships
Entry into force: 19 May 2005
No. of Contracting Parties/States:
72
% of the World Tonnage:
94.70
Notes
a. As of 31 July 2013
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 62 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

b. Based on World Fleet Statistics


as of 31 December 2012

Annex I

MARPOL Annex I came into force on 2 October 1983 and deals with the discharge of oil into the ocean environment.
It incorporates the oil discharge criteria prescribed in the 1969 amendments to the 1954 International Convention for
the Prevention of Pollution of the Sea by Oil (OILPOL). It specifies tanker design features that are intended to minimize
oil discharge into the ocean during ship operations and in case of accidents. It provides regulations with regard to the
treatment of engine room bilge water (OWS) for all large commercial vessels and ballast and tank cleaning waste
(ODME). It also introduces the concept of "special sea areas (PPSE)" which are considered to be at risk to pollution by
oil. Discharge of oil within them has been completely outlawed, with a few minimal exceptions
The first half of MARPOL Annex I deals with engine room waste. There are various generations of technologies and
equipment that have been developed to prevent waste such as: Oily water separators (OWS), Oil Content meters
(OCM), and Port Reception Facilities.
The second part of the MARPOL Annex I has more to do with cleaning the cargo areas and tanks. Oil Discharge
Monitoring Equipment (ODME) is a very important technology mentioned in MARPOL Annex I that has greatly helped
improve sanitation in these areas.
The Oil Record Book is another integral part of MARPOL Annex I. The Oil Record Book helps crew members log and
keep track of oily wastewater discharges among other things

Annex II

MARPOL Annex II came into force on 2 october 1983. It details the discharge criteria for the elimination of pollution
by noxious liquid substances carried in large quantities. It divides substances into and introduces detailed operational
standards and measures. The discharge of pollutants is allowed only to reception facilities with certain concentrations
and conditions. No matter what, no discharge of residues containing pollutants is permitted within 12 nautical miles
(22 kilometres) of the nearest land. Stricter restrictions apply to "special areas".
Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of the SOLAS
Convention. Previously, chemical tankers constructed before 1 July 1986 must comply with the requirements of the
Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code).

Annex III

MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the standards on packing,
marking, labeling, documentation, stowage, quantity subtraction, division and notifications for preventing pollution
by harmful substances. The Annex is in line with the procedures detailed in the International Maritime Dangerous
Goods (IMDG) Code, which has been expanded to include marine pollutants. The amendments entered into force on
1 January 1991.

Annex IV

Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control pollution of the sea
by sewage from ships.

Annex V

MARPOL Annex V (Regulations for the Prevention of Pollution by Garbage from Ships) came into force on 31 December
1988. It specifies the distances from land in which materials may be disposed of and subdivides different types of

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 63 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

garbage and marine debris. The requirements are much stricter in a number of "special areas" but perhaps the most
prominent part of the Annex is the complete ban of dumping plastic into the ocean.

Annex VI

MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air pollution being
emitted by ships, including the emission of ozone-depleting substances, Nitrogen Oxides (NOx), Sulphur Oxides (SOx),
Volatile Organic Compounds (VOCs) and shipboard incineration. It also establishes requirements for reception
facilities for wastes from exhaust gas cleaning systems, incinerators, fuel oil quality, for off-shore platforms and drilling
rigs and for the establishment of SOx Emission Control Areas (SECAs).

IMO 2020

As of 1 January 2020 new emission standards are enforced for fuel oil used by ships, in a regulation known as IMO
2020. The global sulphur limit (outside SECA’s) dropped from an allowed 3.5% sulphur in marine fuels to 0.5%. This
will significantly improve the air quality in many populated coastal and port areas, which will prevent over 100,000
early deaths each year, and many more cases of asthma in these regions and cities. Over 170 countries have signed
on to the changes, including the United States. This is expected to create massive changes for the shipping and oil
industries, with major updates required to ships and the increased production of lower sulphur fuel.
The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine Environmental
Protection Committee (MEPC) and its subcommittee on Pollution Prevention and Response (PPR). This has led to the
development on several regulatory and practical measures (FONAR’s, Carriage Ban, Ship Implementation Plan etc.) to
enable any non-compliance to be detected, for example during port State controls (PSC’s).
Amendments

MARPOL Annex VI amendments according with MEPC 176(58) came into force 1 July 2010.

Amended Regulations 12 concerns control and record keeping of Ozone Depleting Substances.
Amended Regulation 14 concerns mandatory fuel oil change over procedures for vessels entering or leaving SECA
areas and FO sulphur limits.
MARPOL Annex V has been amended multiple times, changing different aspects of the original text.
MEPC.219(63) came into force on 2 March 2012 to generally prohibit the discharge of any garbage into the ocean,
with the exception of food wastes, cargo residues, wash-water, and animal carcasses. There are further provisions
describing when and how to dispose of the acceptable wastes.
MEPC.220(63) came into force on 2 March 2012 to encourage the creation of a waste management plan on-board
vessels.
Implementation and enforcement
In order for IMO standards to be binding, they must first be ratified by a total number of member countries whose
combined gross tonnage represents at least 50% of the world's gross tonnage, a process that can be lengthy. A system
of tacit acceptance has therefore been put into place, whereby if no objections are heard from a member state after
a certain period has elapsed, it is assumed they have assented to the treaty.
All six Annexes have been ratified by the requisite number of nations; the most recent is Annex VI, which took effect
in May 2005. The country where a ship is registered (Flag State) is responsible for certifying the ship's compliance with
MARPOL's pollution prevention standards. Each signatory nation is responsible for enacting domestic laws to
implement the convention and effectively pledges to comply with the convention, annexes, and related laws of other
nations. In the United States, for example, the relevant implementation legislation is the Act to Prevent Pollution from
Ships.
One of the difficulties in implementing MARPOL arises from the very international nature of maritime shipping. The
country that the ship visits can conduct its own examination to verify a ship's compliance with international standards
and can detain the ship if it finds significant noncompliance. When incidents occur outside such country's jurisdiction
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 64 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

or jurisdiction cannot be determined, the country refers cases to flag states, in accordance with MARPOL. A 2000 US
GAO report documented that even when referrals have been made, the response rate from flag states has been poor.
On January 1, 2015, maritime shipping levels became legally subject to new MARPOL directives because the SECA
(Sulphur Emission Controlled Areas) zone increased in size. This larger SECA zone will include the North Sea,
Scandinavia, and parts of the English Channel. This area is set to include all of the Republic of Ireland's international
waters in 2020 culminating in all of Western Europe's subjection to the MARPOL directive. This has proven
controversial for shipping and ferry operators across Europe.
Concerns have been raised about the environmental damage moving back to the roads by some of the larger ferry
operators that ship substantial amounts of freight and passenger traffic via these routes affected by IMO standards.
They claim that MARPOL will drive up ferry costs for the consumer and freight forwarding companies pushing them
back onto the European roadways as a financially more cost effective measure compared to increased ferry costs,
thereby defeating the object of reducing water pollution.

Enforcement of MARPOL Annex VI

Concerns have also been raised whether the emission regulation in MARPOL Annex VI, such as the 0.5% global sulphur
limit, can be enforced on the high seas by non-flag States, as some ships sail under a flag of convenience. It is believed
that the United Nations Convention on the Law of the Sea (UNCLOS) allows port States to assert jurisdiction over such
violations of emission regulation (also of future regulations of GHG) when they occur on the high seas. Coastal States
can assert jurisdiction over violations occurring within their waters, with certain exceptions pertaining to innocent
passage and the right of transit passage. The special obligations for flag States and the broadened jurisdictions for
coastal and port States, to enforce MARPOL (including Annex VI) are found within the special provisions of part XII of
UNCLOS.

18. Explain the significance of the no more favorable treatment clause in the SOLAS, MARPOL, STCW and ILO
Minimum Standards in Merchant Ships Conventions

SHIPS OF NON-PARTIES

1.5.1 Article I(3) of SOLAS PROT 1988, article 5(4) of MARPOL, article X(5) of STCW 1978, article 3(3) of AFS 2001 and
article 3(3) of BWM 2004 provide that no more favourable treatment is to be given to the ships of countries which
are not Party to the relevant Convention. All Parties should, as a matter of principle, apply these Procedures to ships
of non-Parties in order to ensure that equivalent surveys and inspections are conducted and an equivalent level of
safety and protection of the marine environment is ensured.
1.5.2 As ships of non-Parties are not provided with SOLAS, Load Lines, MARPOL, AFS or BWM certificates, as applicable,
or the crew members may not hold STCW certificates, the Port State Control Officer (PSCO), taking into account the
principles established in these Procedures, should be satisfied that the ship and crew do not present a danger to those
on board or an unreasonable threat of harm to the marine environment. If the ship or crew has some form of
certification other than that required by a convention, the PSCO may take the form and content of this documentation
into account in the evaluation of that ship. The conditions of and on such a ship and its equipment and the certification
of the crew and the flag State's minimum manning standard should be compatible with the aims of the provisions of
the conventions; otherwise, the ship should be subject to such restrictions as are necessary to obtain a comparable
level of safety and protection of the marine environment.
1.6 SHIPS BELOW CONVENTION SIZE
1.6.1 In the exercise of their functions, the PSCOs should be guided by any certificates and other documents issued
by or on behalf of the flag State Administration. In such cases, the PSCOs should limit the scope of inspection to the
verification of compliance with those certificates and documents. 1.6.2 To the extent a relevant instrument is not
applicable to a ship below convention size, the PSCO's task should be to assess whether the ship is of an acceptable
standard in regard to safety and the environment. In making that assessment, the PSCO should take due account of

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 65 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

such factors as the length and nature of the intended voyage or service, the size and type of the ship, the equipment
provided and the nature of the cargo.

2 General
The lack of valid certificates as required by the relevant conventions may warrant the detention of ships. However,
ships flying the flag of States not a Party to a convention or not having implemented another relevant instrument, are
not entitled to carry the certificates provided for by the convention or other relevant instrument. Therefore, absence
of the required certificates should not by itself constitute a reason to detain these ships; however, in applying the "no
more favourable treatment" clause, substantial compliance with the provisions and criteria specified in these
Procedures must be required before the ship sails.
3 Detainable deficiencies
To assist the PSCO in the use of these Guidelines, there follows a list of deficiencies, grouped under relevant
conventions and/or codes, which are considered to be of such a serious nature that they may warrant the detention
of the ship involved. This list is not considered exhaustive, but is intended to give examples of relevant items.

Areas under the SOLAS Convention

1 Failure of proper operation of propulsion and other essential machinery, as well as electrical installations.
2 Insufficient cleanliness of engine-room, excess amount of oily-water mixture in bilges, insulation of piping including
exhaust pipes in engine-room contaminated by oil, and improper operation of bilge pumping arrangements.
3 Failure of the proper operation of emergency generator, lighting, batteries and switches.
4 Failure of proper operation of the main and auxiliary steering gear.
5 Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching
and recovery arrangements (see also MSC.1/Circ.1490/Rev.1).
6 Absence, non-compliance or substantial deterioration to the extent that it cannot comply with its intended use of
fire detection system, fire alarms, fire-fighting equipment, fixed fire-extinguishing installation, ventilation valves, fire
dampers and quick-closing devices.
7 Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.
8 Absence, non-compliance or serious deterioration of lights, shapes or sound signals.
9 Absence or failure of the proper operation of the radio equipment for distress and safety communication.
10 Absence or failure of the proper operation of navigation equipment, taking the relevant provisions of SOLAS
regulation V/16.2 into account.
11 Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended
voyage, taking into account that electronic charts may be used as a substitute for the charts.
12 Absence of non-sparking exhaust ventilation for cargo pump-rooms.
13 Serious deficiencies in the operational requirements listed in appendix 7.
14 Number, composition or certification of crew not corresponding with safe manning document.
15 Non-implementation or failure to carry out the enhanced survey programme in accordance with SOLAS regulation
XI-1/2 and the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil
Tankers, 2011 (2011 ESP Code), as amended.
16 Absence or failure of a voyage data recorder (VDR), when its use is compulsory.

Areas under the IBC Code

1 Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.
2 Missing or damaged high-pressure safety devices.
3 Electrical installations not intrinsically safe or not corresponding to the Code requirements.
4 Sources of ignition in hazardous locations.
5 Contravention of special requirements.
6 Exceeding of maximum allowable cargo quantity per tank.
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 66 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

7 Insufficient heat protection for sensitive products.


8 Pressure alarms for cargo tanks not operable.
9 Transport of substances to be inhibited without valid inhibitor certificate.

Areas under the IGC Code

1 Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.
2 Missing closing devices for accommodations or service spaces.
3 Bulkhead not gastight.
4 Defective air locks.
5 Missing or defective quick-closing valves.
6 Missing or defective safety valves.
7 Electrical installations not intrinsically safe or not corresponding to the Code requirements.
8 Ventilators in cargo area not operable.
9 Pressure alarms for cargo tanks not operable.
10 Gas detection plant and/or toxic gas detection plant defective.
11 Transport of substances to be inhibited without valid inhibitor certificate.

Areas under the Load Lines Convention

1 Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting
seaworthiness or strength to take local loads, unless properly authorized temporary repairs for a voyage to a port for
permanent repairs have been carried out.
2 A recognized case of insufficient stability.
3 The absence of sufficient and reliable information, in an approved form, which by rapid and simple means enables
the master to arrange for the loading and ballasting of the ship in such a way that a safe margin of stability is
maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses
in the ship's structure is avoided.
4 Absence, substantial deterioration or defective closing devices, hatch closing arrangements and
watertight/weathertight doors.
5 Overloading.

6 Absence of, or impossibility to read, draught marks and/or Load Line marks.
Areas under the MARPOL Convention,

Annex I

1 Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge
monitoring and control system or the 15 ppm alarm arrangements.
2 Remaining capacities of slop and/or sludge tank insufficient for the intended voyage.
3 Oil Record Book not available.
4 Unauthorized discharge bypass fitted.
5 Failure to meet the requirements of regulation 20.4 or alternative requirements specified in regulation 20.7.
Areas under the MARPOL Convention,

Annex II

1 Absence of P and A Manual.


2 Cargo is not categorized.
3 No Cargo Record Book available.
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 67 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

4 Unauthorized discharge bypass fitted.


Areas under the MARPOL Convention,

Annex IV

1 Absence of valid International Sewage Pollution Prevention Certificate.


2 Sewage treatment plant not approved and certified by the Administration.
3 Ship's personnel not familiar with disposal/discharge requirements of sewage.
Areas under the MARPOL Convention,

Annex V

1 Absence of the garbage management plan.


2 No garbage record book available.
3 Ship's personnel not familiar with disposal/discharge requirements of garbage management plan.

Areas under the MARPOL Convention, Annex VI

1 Absence of valid IAPP Certificate and where relevant EIAPP Certificates and Technical Files.
2 A marine diesel engine, with a power output of more than 130 kW, which is installed on board a ship constructed
on or after 1 January 2000, or a marine diesel engine having undergone a major conversion on or after 1 January 2000,
which does not comply with the NOX Technical Code 2008.
3 The sulphur content of any fuel oil used on board ships exceeds the following limits: .1 3.5% m/m on and after 1
January 2012; and .2 0.5% m/m on and after 1 January 2020.
4 The sulphur content of any fuel used on board exceeds 0.1% m/m on and after 1 January 2015 while operating
within a SOX emission control area, and respectively, as per the provisions of regulation 14.
5 An incinerator installed on board the ship on or after 1 January 2000 does not comply with requirements contained
in appendix IV to the Annex, or the standard specifications for shipboard incinerators developed by the Organization
(resolution MEPC.244(66)).
6 Ship's personnel are not familiar with essential procedures regarding the operation of air pollution prevention
equipment.
7 Absence of valid IEEC (International Energy Efficiency Certificate).
8 Absence of Ship Energy Efficiency Management Plan (SEEMP) specific for the ship (this may form part of the ship's
Safety Management System (SMS)).

Areas under the STCW Convention

1 Failure of seafarers to hold appropriate certificates to have a valid dispensation or to provide documentary proof
that an application for an endorsement has been submitted to the Administration.
2 Failure to comply with the applicable safe manning requirements of the Administration.
3 Failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by
the Administration.
4 Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety
radiocommunications or the prevention of marine pollution.
5 Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches
persons who are sufficiently rested and otherwise fit for duty.
6 Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and
the prevention of pollution.
Areas which may not warrant a detention, but where, for example, cargo operations have to be suspended

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 68 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Failure of the proper operation (or maintenance) of inert gas systems, cargo related gear or machinery should be
considered sufficient grounds to stop cargo operation.

EVALUATE

1.In some ways, maritime law has developed apart from—and somewhat in tension with—local civil laws. It has done
so because the fundamental purpose of maritime law is different from that of the civil law. While the civil law
developed to help maintain a civil society and resolve disputes between members of a single nation, how had the
maritime law developed?

2. State any measures you know on how to prevent, reduce and control pollution of the marine environment.

3. In most developed nations, maritime law follows a separate code and is an independent jurisdiction from national
laws. The United Nations (UN) has appointed an organization to had issued numerous conventions that can be
enforced by the navies and coast guards of countries that have signed the treaty outlining these rules.
What is this organization?

4. What is a fundamental branch of law that regulates commerce and navigation on the seas or other navigable waters.
It covers a broad spectrum of matters such as the development of legislation, both nationally and internationally?

5. Article 3 - Breadth of the territorial sea


quotes that every State has the right to establish the breadth of its territorial sea measured from baselines determined
in accordance with this Convention, how many nautical miles is it?

6. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from
activities in the Area undertaken by vessels, installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. What is the requirements of such laws and regulations?

7. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been
exercised may report the facts to the flag State. Upon receiving such a report, what shall the flag State action?

8. What rules concerning the carriage of goods by sea are the Hague Rules (International Convention for the
Unification of Certain Rules of Law relating to Bills of Lading (Brussels 1924)) as modified by the Visby Amendments
(Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading
(Brussels 1968))?

9. IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the
safety and security of shipping and the prevention of marine and atmospheric pollution by ships. IMO's work supports
the UN SDGs. What does SDGs stand for?

10. The only tripartite U.N. agency, since 1919 the ILO brings together governments, employers and workers of 187
member States , to set labour standards, develop policies and devise programmes promoting decent work for all
women and men. How do the ILO works?

11. The name of this organization is the “Comité Maritime International.” It is a non-governmental not-for-profit
international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate
means and activities to the unification of maritime law in all its aspects.
What shall CMI promote to establishment?

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 69 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

12. United Nationsis the largest, most familiar, most internationally represented and most powerful
intergovernmental organization in the world.The UN was established after World War II, succeeding the ineffective
League of Nations. On 25 April 1945, 50 governments met in San Francisco for a conference and started drafting the
UN Charter, what is the aim of the United Nations?

13. The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is
deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one
jurisdiction, but may change the register in which it is registered. What is the flag state authority and responsibility?

14. One of the most contentious issues was the extent of flag State jurisdiction, as opposed to that of coastal States,
port States and regional organizations. Some delegates pointed out that UNCLOS enshrines the principle that flag
States have sole jurisdiction over their vessels on the high seas. What do other states argued if flag State jurisdiction
is not implemented?

15. UNCLOS is careful to prevent creeping coastal state jurisdiction over violations which have occurred prior to the
ship entering the territorial sea from a foreign port, what reasons can a vessel be allowed to pass or enter the coastal
state’s territorial waters?

16. Ports also offer an obvious opportunity for verifying whether visiting foreign ships comply with certain types of
national or international rules and standards and if they have engaged in certain illegal behavior in the maritime zones
of the coastal State in which the port is located, or beyond. What is the costs and difficulties of at-sea enforcement?

17. In its successive forms,it is generally regarded as the most important of all international treaties concerning the
safety of merchant ships. What IMO Convention it is?

18. MARPOL 73/78, MARPOL is short for International Convention for the Prevention of Pollution from Ships and
73/78 short for the years 1973 and 1978, is one of the most important international marine environmental
conventions. What is the objective of IMO that it was developed?

19. Failure of seafarers to hold appropriate certificates to have a valid dispensation or to provide documentary proof
that an application for an endorsement has been submitted to the Administration. What areas of IMO Convention do
this belong?

Quiz will be uploaded in Edmodo.

EXTEND

•In measures to prevent, reduce and control pollution of the marine environment, in your opinion, what must the
States shall take, individually or jointly as appropriate to achieve these measures? Explain.

• Jurisdiction based on the territorial principle can sometimes still be used even though extraterritorial jurisdiction is
not possible, for instance with regard to unregulated high seas fishing. Base in this unregulated, what must be done
to focus on the enforcement? Explain.

Submit or upload your answers in Edmodo

References:

• The Scope of Maritime Law - See, e.g., Garrett v. Moore-McCormack Co


• By JULIA KAGAN Updated Jul 11, 2019
Form No. BPM2-CME 20 F-009 MGT 312(Module 1)
Rev.03 Page 70 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• United Nations Convention on the Law of the Sea (UNCLOS)UiO The Faculty of Law Norway
• United Nations Convention on the Law of the Sea, From Wikipedia, the free encyclopedia
• Copyright 2020 International Maritime Organization (IMO)
• From Wikipedia, the free encyclopedia- last edited on 31 August 2020, at 13:11 (UTC).
• DieselShip Connecting Mariners Worldwide, 2020

Revision Status:

MOD MGT 312(1)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 1)


Rev.03 Page 71 of 71
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 2 (WEEK 2)
Basic working knowledge of the relevant IMO conventions concerning safety of life at sea, security and protection
of the marine environment
TOPIC LEARNING OUTCOMES

The students shall be able to:

1. Distinguish between private and public international law


2. Explain that public maritime law is enforced through:
- Surveys, inspection and certification
- Penal sanctions (fines, imprisonment)
- Administrative procedures (inspection of certificate and
records, detention)
3. State that the operation of a ship governed by the national laws and regulations of the flag State, including those
laws and regulations giving effect to international conventions
4. State that difference of detail usually exists in the national laws of different states implementing the same
convention
5. State that, when serving ship flying a foreign flag, it is essential that the master and chief mate familiarize
themselves with the laws and regulations of the flag state
6. States that, when in port, a ship must also comply with the appropriate laws and regulations of the port State
7. Describe the importance of keeping up to date developments new amended legislation

ENGAGE

What composed International Law?

EXPLORE

• private and public international law

Question:
In your own idea, what is the difference between Public and Private International law?

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 1 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

EXPLAIN AND ELABORATE

Chapter 1. Basic working knowledge of the relevant IMO conventions concerning safety of life at sea, security and
protection of the marine environment

1. Distinguish between private and public international law

For this new article on Space Legal Issues, let’s focus on Private International Law and the difference between Public
and Private International Law. International law is the set of legal rules that govern relations between states
(and international organizations) or between private persons in an international context. The norms of international
law are composed of texts ratified by several states: agreements, conventions, protocols and international treaties.
They can be bilateral (between two states) or multilateral (between several states). The signatory states undertake
to apply these standards in their territory, only if there is reciprocity, by granting them a level higher than their
national standards.

International courts and tribunals consistently hold that no state may invoke a rule of domestic law to avoid its
international obligations. This is clarified by the 1969 Vienna Convention which states, in its Article 27 on INTERNAL
LAW AND OBSERVANCE OF TREATIES, that “A party may not invoke the provisions of its internal law as justification
for its failure to perform a treaty. This rule is without prejudice to article 46”. International law is therefore binding on
the state, even if a rule of domestic law is contradictory to it. This does not mean that the international judge
can annul a rule of domestic law. It merely makes it ineffective.

International law consists of two branches: public international law and private international law. Areas of
intervention of international law include war, trade, the high sea and the seabed, outer space or Antarctica. The
International Court of Justice (ICJ), based in The Hague (Netherlands), is responsible for settling disputes submitted
to it in accordance with international law. There are other international judicial bodies, such as the International
Tribunal for the Law of the Sea, the International Criminal Tribunal for the former Yugoslavia (ICTY), the International
Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), which can lead to conflicts of
jurisdiction. The parties in dispute may also appeal to an international arbitration court.

According to Velimir Zivkovic, “public international law is, most broadly speaking, a system of norms that governs
relationship between legal entities recognized in the sphere of international law; primarily although not exclusively
sovereign states an international organization. It is further fragmented into a number of branches, but it is generally
considered to have overarching common principles. Private international law has a bit of deceiving name. It is actually
a branch of national laws that deals, mostly, with determining what the applicable law should be when there is a
foreign element in the relationship (foreign national involved, place of event was abroad, etc.). It is actually called in
common law states conflict of laws which perhaps explains it better”.

PUBLIC INTERNATIONAL LAW

Public international law refers to all the legal rules governing international relations between public entities such as
States and international organizations. In order to settle a public international law dispute, it is the International Court
of Justice (ICJ) sitting in The Hague (Netherlands) that may be seized. The International Court of Justice is the principal
judicial organ of the United Nations.

PRIVATE INTERNATIONAL LAW OR CONFLICT OF LAWS

Every legal order in the world has its own rules relating to matters of private law and private international law
encompasses all the rules of law conditioning international relations between private persons. It includes business
law, labor law, civil law between agents of different countries, but also conflicts of law and jurisdiction. It is constituted
by all the principles, usages or conventions that govern the legal relations established between persons governed by
Form No. BPM2-CME 20 F-009 MGT 312(Module 2)
Rev.03 Page 2 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

the laws of different states. It can be described as a “tool for managing the diversity of laws”. Settlement of
international disputes may be brought before a state court or subject to international arbitration. It is the set of rules
applicable to the relations of private persons of different nationality. Its purpose is to resolve conflicts of law arising
out of relations between foreign persons, in particular to know which law applies to the relationship and to deal with
conflicts of jurisdiction.

The main concept of private international law is the “foreign element”. Private international law is the area of law that
comes into play whenever a court is faced with a question that contains a foreign element, or a foreign connection.
The mere presence of such a foreign element in a legal matter raises a number of questions and it is the function of
private international law to provide an answer to these questions and to ensure just solutions.

2. Explain that public maritime law is enforced through:

International public law

International public maritime law should be defined by the complexity and the quantity of regulations on the use of
world´s oceans.

It shell be strictly differentiated from the law of the sea, which is only small part of international set of rules and
mainly regulates the maritime zones and rights and obligations of states with regards to them.

Law of the Sea is mainly included in UNCLOS, when the international public maritime law sets for governing issues
that arise between private law entities, being the actors in the maritime traffic and activities conducted therein.

The international public maritime law provides the regulations for safety and security standards with regards to
private relations in maritime transport. It defines environmental issues and clarifies the behavior of private legal actors
in international maritime traffic.

International safety standards are included in the codes and procedures adopted by the framework of SOLAS.
However, there are several legal documents which jointly provide with the regulations with regards to safety at sea.

These include:

- Convention on the International Regulations for preventing Collisions at Sea

- International Convention on Standards of Training

- International Convention on Maritime Search and Rescue

- Certification and Watchkeeping for Seafarers

- International Convention on Load Lines

- International Convention for the Safety of Life at Sea

There are certain set of rules provided by SOLAS, mostly connected to customary law and good practice. The first
SOLAS Convention was adopted after the Titanic disaster in 1912 and the most recent version with later amendments
came into force in 1974. The SOLAS Convention is still the biggest challenge for international Maritime Organization
as it needs to be regularly updated to catch up with new technologies and standards in marine shipping operations.

The main objective of the Convention is to specify minimum standards for the construction, machinery, infrastructure,
equipment and operations of ships, compatible with their security and safety.

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 3 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

While the safety and security issues are defined by SOLAS and various onsite conventions, environmental matters
such as onboard waste management and pollutions from ships, are included in the International Convention on the
Prevention of Pollution from Ships, better known as MARPOL.

The document and its annexes establish rules and standards for international shipping operations with regards to
dumping, oil and exhaust pollution, with the main objective to preserve the marine environment by complete
elimination of pollution by any harmful substances, especially oil and the maximum minimization of accidents in which
such a discharge can occur.

3. Surveys, inspection and certification

Surveys, Verifications and Certification

All ships must be surveyed and verified by officers of the flag State Administrations or their recognized organizations
(ROs)/recognized security organizations (RSOs)/nominated surveyors so that relevant certificates can be issued to
establish that the ships are designed, constructed, maintained and managed in compliance with the requirements of
IMO Conventions, Codes and other instruments.

IMO Conventions, Codes and other instruments

1. Conventions:
SOLAS, MARPOL, Load Lines, Tonnage 69, COLREG 72, AFS 2001, BWM 2004 , etc.;
2. Codes:
ISM, ISPS, HSC 1994/2000, IBC/BHC, IGC/GC, MODU, SPS, 2011 ESP, RO Codes, etc.; and
3. Other instruments (for updated list of non-mandatory instruments, refer to GISIS Module on
non-mandatory instruments at https://gisis.imo.org/Public/INSTR/Default.aspx ):

o Global and uniform implementation of the Harmonized System of Survey and Certification (HSSC) (resolution
A.883(21));

o Survey guidelines under the Harmonized System on Survey and Certification (HSSC), 2015 (resolution A.1104(29));

o 2014 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI) (MEPC.254(67)), as
amended by MEPC.261(68);

o 2010 Guidelines for survey and certification of anti-fouling systems on ships (MEPC.195(61));

o Interim Survey Guidelines for the purpose of the International Convention for the Control and Management of
Ships’ Ballast Water and Sediments under the Harmonized System of Survey and Certification (BWM.2/Circ.7);

o Surveys and inspections of ro-ro passenger ships (resolution A.794(19));

o Revised Guidelines on the implementation of the international Safety Management (ISM) Code by Administrations
(resolution A.1071(28))

o Interim Guidance on control and compliance measures to enhance maritime security (MSC.159(78))

o etc.

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 4 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Certificates and documents

Certificates and documents required to be carried on board ships are listed in FAL.2/Circ.127-MEPC.1/Circ.817-
MSC.1/Circ.1462, which was issued on 1 July 2013 and is subject to updating.

They include (some depend on the type of ship):


• International Tonnage Certificate;
• International Load Line Certificate;
• Passenger Ship Safety Certificate;
• Cargo Ship Safety Construction Certificate;
• Cargo Ship Safety Equipment Certificate;
• Cargo Ship Safety Radio Certificate
• Cargo Ship Safety Certificate
• Safety Management Certificate
• International Ship Security Certificate
• Stability Information;
• Damage Control Information;
• Cargo Securing Manual
• Minimum safe manning document;
• Certificates for masters, officers or ratings;
• International Oil Pollution Prevention Certificate;
• International Certificate for the Carriage of Noxious Liquid Substances;
• International Sewage Pollution Prevention Certificate;
• International Air Pollution Prevention Certificate;
• International Anti-fouling System Certificate;
• Oil Record Book;
• Shipboard Oil Pollution Emergency Plan;
• Garbage Management Plan;
• Garbage Record Book;
• etc.

The certificates and documents are issued by the officers of flag State Administrations or their ROs/RSOs/nominated
surveyors authorized for the purpose and are subject to inspection by port State control officers (PSCOs).
Reporting on exemption and equivalents under IMO mandatory instruments by flag Administrations, as well as the
provision of specimen certificates, can be arranged using the GISIS module on Survey and Certification which can be
accessed by Members (resolution A.1074(28) on notification and circulation through GISIS).
4. Penal sanctions (fines, imprisonment)

Enforcement of international maritime legal instruments

Compliance International regulations, rules and standards alone, however perfect they may be, are not sufficient
Effectiveness depends on the ensurance of compliance Enforcement instruments are an indispensable complement
to legislation

Enforcement obligation

SOLAS, STCW, MARPOL:

Undertake to
• give effect to the provisions

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 5 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• Promulgate all laws, decrees, orders and regulations and take all other steps which are necessary to give the
convention full and complete effect

Outline
• General principles
• Enforcement by the flag State
• Enforcement by the port State
• Enforcement by the coastal State
• Additional enforcement measures and safeguards
• Maritime administration

General principles

The meaning of “enforcement“

New American Oxford Dictionary: The act of compelling observance of or compliance with a law, rule or obligation

Who has to enforce international instruments?

International organizations? Contracting States themselves?

Matter of sovereignty: normally States preserve enforcement for themselves Consequently enforcement measures
are to be based on domestic law

Enforcement as a matter of international law

Establishing an obligation to enforce international regulations Giving power to States as far as the sovereignty of other
States may be affected Twofold interest:
• Strict and effective enforcement
• Limitation of interference with sovereignty of other States

Enforcement jurisdiction of States

States’ powers are based on two main principles which are resulting from the sovereignty of States:
• the principle of territoriality:
The State has the territorial jurisdiction and exercises it by addressing anybody in the territory
• the principle of personality:
The State may exercise jurisdiction with respect to nationals without being restricted to the territory

Enforcement by the flag State

Art. 94 UNCLOS:

Flag State duties

1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over
ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars of ships flying its flag, .... and

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 6 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect
of administrative, technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard,
inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international
instruments;
(c) the use of signals, the maintenance of communications and the prevention of collisions.

MLC: Specific enforcement provisions

Art. 5 Maritime Labor Convention:


• Implement and enforce laws and other regulations adopted to fulfil the commitments with respect to ships and
seafarers under its jurisdiction
• Measures include regular inspections, reporting, monitoring and legal proceedings
• Ensure that ships carry a maritime labor certificate and a declaration of maritime labor compliance
• Prohibit violations and establish sanctions Further specifications under Reg. 5.1: effective system for inspection and
certification of labor conditions

Enforcement by the port State

Domestic Requirements

Right to establish minimum requirements for vessels entering into their ports, internal waters and offshore terminals
and enforce the relevant domestic regulations

Own interest of the State to prevent accidents and pollution (labor?)

Port State regulations - UNCLOS

Only with regard to prevention and control of pollution of the marine environment (prevention of accidents and
discharges)
Art. 218: Investigation and proceedings with respect of discharges
Art. 219: Prevent vessel from sailing, if vessel violates applicable international rules and standards relating to
seaworthiness

Other port State regulations

Reg I-19 Annex to SOLAS, Art. 5 MARPOL, Art. X STCW:


• Valid certificates
• Inspection of the ship if clear grounds for noncompliance
• Prevent vessel from sailing
• Avoid undue delay

Other port State regulations – MLC

Art. 5 para 4: Inspection to determine whether ship is in compliance with the requirements
• Certificates
• Further inspection if clear grounds or a complaint that working and living conditions do not conform to the
requirements
Form No. BPM2-CME 20 F-009 MGT 312(Module 2)
Rev.03 Page 7 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• Prevent from sailing in case of hazardous conditions or serious or repeated breach of the requirements
• Avoid undue delay

Enforcement by the coastal State

Power of coastal States

Interest in enforcement: coastal area may be affected by violation of anti-pollution regulations UNCLOS provides
enforcement powers Obligation or authorization? Powers differ dependent on the maritime zones Measures to
prevent pollution incl. prevention of accidents and prohibition of discharges Measures in case of a pollution incident
or violation of anti-pollution regulations

Internal waters

All measures prescribed under domestic law. Violations of anti-pollution regulations committed in internal waters
may also be prosecuted in the territorial sea

Territorial sea

Limited by the principle of innocent passage: Foreign vessels must “only“ comply with international standards
concerning construction, design, equipment or manning (art. 21, para. 2) more stringent operational requirements
possible as long as they do not hamper the innocent passage (Art. 21, para. 1 f, Art. 24, para. 1) Violations occurred
in the territorial sea (Art. 220):
• vessel voluntarily in port: right to institute proceedings
• vessel sailing in the territorial sea: action in case of clear grounds:
• a) physical inspection
• b) if evidence, proceedings including detention
• No restriction in case of a willful and serious pollution (no innocent passage, art. 19, para. 2 (h))

Exclusive economic zone

No sovereignty, but certain rights and jurisdiction principle of freedom of navigation Coastal States may adopt anti-
pollution laws and regulations conforming to and giving effect to generally accepted international rules and standards
(Art. 211, para. 5) no preventive measures against foreign vessels

Violations in the EEZ

Vessel voluntarily in port: right to institute proceedings Vessel sailing in the territorial sea or the EEZ: action in case of
clear grounds:
• require information
• physical inspection, when the violation results in a substantial discharge causing or threatening significant pollution,
and only under the condition that the vessel has refused to give information or the information is manifestly wrong
(Art. 220, para. 5) Major damage of the coastline or related interests of the coastal State, or to any resources of its
territorial sea or exclusive economic zone: institute proceedings including detention, if clear evidence

MARPOL-regulations

Art. 6 MARPOL: In any port and offshore terminal inspection to verify whether the ship has illegally discharged any
harmful substances Report to be forwarded to the flag State administration

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 8 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Additional enforcement measures and safeguards

Additional measures

Marine casualty investigation, for ships under the national flag obligatory (Art. 94, para 7 UNCLOS, Reg I-21 Annex to
SOLAS, Art. 12 MARPOL, Reg 5.1.6 MLC) Response to and combat of pollution incidents, in EEZ based on Intervention
Convention (cf. Art. 221 UNCLOS)

Safeguards

Regulated by Art. 223 et seq.:


• Protect the rights and interests of other States
• avoid misuse of the additional rights
• interfere in navigation as little as possible
• priority of the flag State‘s responsibility
• no discrimination of foreign vessels

Maritime Administration

Maritime administration building

Requirements:
• Adoption of necessary laws and regulations incl. sanctions for violations
• Register for Ships under national flag
• Maritime Safety administration (surveys, inspection, certificates, control)
• Police or Coast Guard
• Administrative and criminal prosecution of violations
• Port State control capacities
• Investigation of marine casualties • Response organization for pollution incidents

5. Administrative procedures (inspection of certificate and records, detention)

Procedures for Port State Control

I. General Provisions

1. These Regulations prescribe the procedures for port State control.

2. Port State control shall be performed by the Maritime Safety Inspectorate of the State joint stock company the
Maritime Administration of Latvia (hereinafter – the Maritime Safety Inspectorate) in order to prevent the shipping
traffic which does not conform to the international standards and to increase the compliance of ships with the
requirements of International Maritime Organisation, the European Union and regulatory enactments of the Republic
of Latvia in respect of maritime safety, the marine environment protection and seafarers’ living and working
conditions.

3. Terms used in these Regulations:

3.1. off-shore installation - fixed or floating platforms operating on or over the continental shelf of Latvia;

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 9 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3.2. port State control inspector – the inspector of the Maritime Safety Inspectorate, authorised in accordance with
Paragraph 9 of these Regulations to carry out ship inspections and other measures referred to in these Regulations
for the implementation of port State control on the ships specified in Paragraph 5 of these Regulations;
3.3. inspection – an examination in order to check both the validity of the relevant certificates and other documents
and the condition of the ship, its equipment and crew, as well as the living and working conditions of the crew;
3.4. more detailed inspection - an inspection where the ship, its equipment and crew as a whole or, as appropriate,
the parts thereof are subjected to an in-depth inspection covering the construction, equipment of the ship, living and
working conditions of the crew, their compliance with the operational rules on board and the compliance of the ship
with the requirements regarding the performance of on-board operations;
3.5. ship detention - the prohibition of a ship to proceed to sea due to deficiencies established during the inspection
that (individually or together) make the ship unseaworthy;
3.6. stoppage of an operation - the prohibition of a ship to continue an operation due to deficiencies established
during the inspection that (individually or together) would render the continued ship operation hazardous;
3.7. SIReNAC database – a database established in accordance with the Paris Memorandum of Understanding on Port
State Control of 26 January 1982 (hereinafter – the Paris Memorandum), which is maintained and managed by the
Information System department of the Ministry of Transport of France and in which the information regarding all port
State inspections of ships in the ports of the Member States of the Paris Memorandum is placed;
3.8. target factor – a number indicated in the SIReNAC database and calculated in accordance with the methodology
of the Paris Memorandum, which characterises the necessity to carry out an inspection and which is used for the
selection of ships for port State control inspections (the greater the target factor indicated, the greater the necessity
to carry out the inspection of the ship); and
3.9. complaint – a report or any information submitted by the master of a ship, a member of the crew, a professional
maritime association, a trade union or any other natural or legal person with an interest in the safety of the ship,
including an interest in the safety or health hazards to its crew.

4. The requirements of these Regulations shall not be applied to fishing vessels, ships of war, naval auxiliaries, wooden
ships of a primitive build, government ships used for non-commercial purposes (for example, harbour master’s service
boats, pilot boats), as well as pleasure yachts not engaged in trade.

5. These Regulations shall apply to any ship, which complies with the following criteria:
5.1. a ship flying a flag of a foreign state;
5.2. a ship calling at a port of Latvia or at an off-shore installation, or anchored off such ports or off-shore installations;
and
5.3. one or several of the following Conventions may be applied to a ship:
5.3.1. 1) the 1966 International Convention on Load Lines and the 1988 Protocol thereof (hereinafter – the LL 66
Convention);
5.3.2. the International Convention for the Safety of Life at Sea of 1974, and the Protocols 1978 and 1988 thereof
(hereinafter – the SOLAS Convention);
5.3.3. the International Convention for the Prevention of Pollution from Ships of 1973 and the 1978 Protocol thereof
(hereinafter – the MARPOL Convention);
5.3.4. the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978
with amendments (hereinafter – the STCW Convention);
5.3.5. the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter – the
COLREG Convention);
5.3.6. the International Convention on Tonnage Measurement of Ships, 1969 (hereinafter – the TONNAGE
Convention);
5.3.7. the Merchant Shipping (Minimum Standards) Convention No. 147 of International Labour Organisation, 1976
(hereinafter – the ILO No 147);
5.3.8. the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention No. 147 of International
Labour Organisation, 1976 (hereinafter – the ILO PROT 96); and
Form No. BPM2-CME 20 F-009 MGT 312(Module 2)
Rev.03 Page 10 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.3.9. the International Convention on Civil Liability for Oil Pollution Damage, 1992 (hereinafter - the CLC 92
Convention).

6. If the Conventions referred to in Sub-paragraph 5.3 of these Regulations do not contain the requirements for the
ships the gross tonnage of which does not exceed 500, the requirements, which ensure that a ship is not dangerous
to maritime safety, human health or environment, shall be applied to them. In applying this Paragraph, Annex 1 Port
State Control procedures to the Paris Memorandum shall be taken into account.

7. When carrying out an inspection on board a ship of a flag State to which any of the Conventions referred to in Sub-
paragraph 5.3 of these Regulations are not binding, the port State control inspector shall not apply more favourable
requirements to such ship than to a ship for the flag State of which this Convention is binding.

8. The application of these Regulations shall be ensured by the port State control inspectors.

9. The right of the port State control inspector to carry out port State control shall be approved by the Port State
Control Inspector Certificate (Annex 1). The inspector shall present the certificate upon request.

II. Selection of Ships for Inspection

10. The Maritime Safety Inspectorate shall carry out inspections of ships referred to in Paragraphs 11, 12 and 20 of
these Regulations to at least 25% of the average total number of those ships which entered the ports of Latvia during
1 calendar year, calculated on the basis of the 3 previous calendar years for which statistics are available.

11. When selecting ships for inspection, the Maritime Safety Inspectorate shall observe the specified priority in
accordance with the criteria by which a ship is selected for an inspection (Annex 2).

12. The Maritime Safety Inspectorate shall ensure that an inspection in accordance with Chapter III of these
Regulations is carried out on any ship not subject to an expanded inspection with the target factor greater than 50
and if a period of at least 1 month has elapsed since the last inspection carried out in a port in the region of the Paris
Memorandum.

13. The Maritime Safety Inspectorate shall refrain (in order not to cause the excessive administrative load and not to
interfere with the operation of ships by carrying out too frequent inspections) from inspecting ships which have been
inspected by any Member State of the European Union within the previous 6 months, provided that:
13.1. the criteria referred to in Paragraph 1 of Annex 2 to these Regulations are not applied to the ship;
13.2. no deficiencies have been reported, following the previous inspection carried out on board;
13.3. no clear grounds exist for carrying out an inspection in accordance with Paragraph 18 of these Regulations; and
13.4. Paragraph 12 of these Regulations is not applied to the ship.

14. Paragraph 13 of these Regulations shall not apply to examinations during which the readiness of the crew and
technical means to operate in case of emergency are evaluated, which are specifically provided for in the Conventions
referred to in Sub-paragraph 5.3 of these Regulations.

III. Inspection Procedures

15. The port State control inspector shall carry out the following operations during an inspection:
15.1. check the certificates and other documents (Annex 3) regarding the particular ship; and
15.2. check the compliance of the overall condition of the ship with the general safety requirements, including the
engine room, accommodation and service spaces, as well as the hygienic conditions of the ship premises.

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 11 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

16. The port State control inspector may also examine documents other than those referred to in Annex 3 to these
Regulations, if they are on the relevant ship in accordance with the requirements of the Conventions referred to in
Sub-paragraph 5.3 of these Regulations.

17. If after the operations specified in Paragraphs 15 and 16 of these Regulations there are clear grounds to believe
that the conditions of a ship, the equipment or crew thereof significantly differ from the requirements of the
Conventions referred to in Sub-paragraph 5.3 of these Regulations and other regulatory enactments in the field of
maritime safety, marine environment protection and seafarers’ living and working conditions, the port State control
inspector shall carry out a more detailed inspection.

18. Clear grounds to carry out a more detailed inspection of a ship, its equipment or its crew (Annex 4) are the evidence
of the port State control inspector.

19. Ship inspections shall be carried out in accordance with the procedures specified in the international documents
referred to in Annex 5 to these Regulations.

IV. Expanded Inspections

20. A ship, complying with the categories specified in Chapter I of Annex 6 to these Regulations, is subject to an
expanded inspection in accordance with Chapter III of Annex 6 to these Regulations after a period of 12 months since
the last expanded inspection carried out in a port of a State signatory of the Paris memorandum.

21. If the ship referred to in Paragraph 20 of these Regulations is selected for inspection in accordance with the criteria
specified in Paragraph 12 of these Regulations, an expanded inspection shall be carried out by the port State control
inspector. An inspection in accordance with Chapter III of these Regulations may be carried out in the period between
two expanded inspections.

22. If a ship, to which Paragraph 20 of these Regulations applies, plans to enter a port of Latvia after a period of 12
months since the last expanded inspection, the master or operator thereof shall communicate all the information
listed in Chapter II of Annex 6 to these Regulations to the Maritime Safety Inspectorate. The information shall be
provided at least 3 days before the expected time of arrival at the port of Latvia or before leaving the previous port if
the voyage is expected to take fewer than 3 days.

23. An expanded inspection of a ship shall be carried out mandatory in the following cases:
23.1. if the ship has not fulfilled the requirements referred to in Paragraph 22 of these Regulations; and
23.2. if the requirements referred to in Paragraphs 20, 21 and 22 of these Regulations apply to the ship, the target
factor of the ship is seven or more and if a period of 12 months has elapsed since the last expanded inspection.

ENFORCEMENT OF IMO REGULATIONS

The principal responsibility for enforcing IMO regulations concerning ship safety and environmental protection rests
with the flag states (i.e. the countries in which merchant ships are registered - which may be different to the country
in which they are owned).

Hence, the operation of ship is governed by the national laws and regulations of the Flag State, including those laws
and regulations giving effect to international conventions.

Since conventions were interpreted differently from one flag state to another, differences of detail usually exist in the
national laws of different states implementing the same convention.

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 12 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Flag states enforce IMO requirements through inspections of ships conducted by a network of international surveyors.
Much of this work is delegated to bodies called classification societies.

However, flag state enforcement is supplemented by what is known as Port State Control, whereby officials in any
country which a ship may visit can inspect foreign flag ships to ensure that they comply with international
requirements. Port State Control officers have the power to detain foreign ships in port if they do not conform to
international standards.

Therefore, when serving in a ship flying a foreign flag, it is essential that the master and chief mate familiarize
themselves with the laws and regulations of the flag state. It is also obvious that when in port, a ship must comply
with the appropriate laws and regulations of the port state.

Because of the dynamic nature of conventions, it is of great importance to continuously be update with the
developments in new and amended legislation in order to ensure compliance with relevant conventions.

“Discussion of the topics with power point presentation”

Criteria for the Detention of a Ship

1. Before taking a decision regarding the detention of a ship, the port State control inspector shall apply the criteria
referred to in Paragraphs 2, 3 and 4 of this Annex.

2. In taking a decision regarding the detention of a ship, the port State control inspector shall take into account the
following main criteria:
2.1. the ships which are unsafe to proceed to sea shall be detained upon the first inspection irrespective of how much
time the ship will stay in the port; and
2.2. the ship shall be detained if its deficiencies are sufficiently serious to merit the port State control inspector
returning to satisfy himself that they have been rectified before the ship sails.

3. When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention, the port State
control inspector shall assess whether:
3.1. all the documents, specified in the Conventions referred to in Sub-paragraph 5.3 of these Regulations and in other
regulatory enactments related to maritime safety, marine environment protection and seafarers’ living and working
conditions, are valid; and
3.2. the ship has the crew required in the Minimum Safe Manning Document and whether the crew is able during the
forthcoming voyage:
3.2.1. to navigate safely;
3.2.2. safely handle, carry and monitor the condition of the cargo;
3.2.3. to operate the engine room safely;
3.2.4. to maintain proper propulsion and steering;
3.2.5. to fight fires effectively in any part of the ship if necessary;
3.2.6. to abandon the ship speedily and safely and effect rescue if necessary;
3.2.7. to prevent pollution of the environment;
3.2.8. to maintain adequate stability of the ship;
3.2.9. to maintain adequate watertight integrity;
3.2.10. to communicate in distress situations;
3.2.11. to provide safe and healthy conditions on board; and
3.2.12. to provide maximum information in the case of an accident (using the voyage data recording equipment).

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 13 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

4. If the answer to any of the assessments referred to in Paragraph 3 of this Annex is negative, taking into account the
dangerousness of all deficiencies found, the port State control inspector shall consider, whether the ship shall be
subject to detention. A combination of deficiencies of a less serious nature (deficiencies the combination of which
poses a risk to maritime safety, marine environment protection or the seafarers’ living or working conditions may also
warrant the detention of the ship.

5. Deficiencies due to which the ship may be detained:


5.1. deficiencies of a general nature: the lack of valid certificates or documents required by the Conventions referred
to in Sub-paragraph 5.3 of these Regulations or other regulatory enactments in the field of maritime safety, marine
environment protection and seafarers’ living and working conditions. However, ships flying the flag of States not party
to the Conventions referred to in Sub-paragraph 5.3 of these Regulations or not having implemented another
regulatory enactment in the field of maritime safety, marine environment protection and seafarers’ living and working
conditions, do not have a duty to receive the certificates intended in the Conventions or other regulatory enactments,
therefore, the absence of the referred to certificates may not by itself constitute the reason to detain such ships.
However, when applying the “no more favourable treatment” clause, substantial compliance with the requirements
of the referred to documents is required before the ship sails;
5.2. the areas under the SOLAS Convention (references are given in brackets):
5.2.1. failure of the proper operation of the propulsion and other essential machinery, as well as electrical
installations;
5.2.2. insufficient cleanliness of the engine room, an excess amount of oily-water mixtures in the bilges, insulation of
the piping including the exhaust pipes in the engine room contaminated by oil products, improper operation of the
bilge pumping arrangements;.
5.2.3. failure of the proper operation of the emergency generator, lighting, batteries and switches;
5.2.4. failure of the proper operation of the main and auxiliary steering gear;
5.2.5. the absence of personal life-saving appliances, collective survival craft and the launching arrangements thereof,
an insufficient number of survival craft or the serious deterioration thereof;
5.2.6. the absence of the fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation,
ventilation valves, fire dampers and quick-closing devices, they do not comply with the requirements or they are
substantially deteriorated and cannot fulfil the functions thereof;
5.2.7. the absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on
tankers;
5.2.8. the absence, non-compliance with the requirements or substantial deterioration of the navigation lights, shapes
or sound signals
5.2.9. the absence or failure of the proper operation of the radio equipment for distress and safety communication;
5.2.10. the absence or failure of the proper operation of the navigation equipment, taking into the provisions of SOLAS
Regulation V/12(o) into account;
5.2.11. the absence of corrected navigation charts, or all other relevant nautical publications necessary for the
intended voyage, taking into account that electronic charts may be used as a substitute for the charts;
5.2.12. sparking exhaust ventilation for the cargo pump rooms (SOLAS Regulation II-2/59.3.1);
5.2.13. serious deficiencies in the organisations of the ship operation specified in Section 5.5 of Annex 1 to the Paris
Memorandum;
5.2.14. the number, composition or certification of the crew members is not in compliance with the Minimum Safe
Manning Document;
5.2.15. the extended survey programme in accordance with Chapter XI, rule 2 of the SOLAS Convention is not carried
out; and
5.2.16. the absence or failure of the proper operation of the voyage data recorder (VDR), if the usage thereof is
mandatory;
5.3. the areas under the International Bulk Chemical (IBC) Code (references are given in brackets):
5.3.1. transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (16.2);
5.3.2. missing or damaged high-pressure safety devices (8.2.3);
Form No. BPM2-CME 20 F-009 MGT 312(Module 2)
Rev.03 Page 14 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.3.3. electrical installations not safe or not corresponding to the code requirements (10.2.3);
5.3.4. the sources of ignition in hazardous locations (11.3.15);
5.3.5. contraventions of special requirements (15);
5.3.6. the exceeding of maximum allowable cargo quantity per tank (16.1); and
5.3.7. insufficient heat protection for sensitive products (16.6.);
5.4. the areas under the International Gas Carrier Code (IGC) (references are given in brackets):
5.4.1. transport of a substance not mentioned in the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,
the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the Certificate of Fitness for
the Carriage of Dangerous Chemicals in Bulk or missing cargo information (18.1);
5.4.2. missing closing devices for the accommodations or service spaces (3.2.6);
5.4.3. bulkheads not gas tight (3.3.2);
5.4.4. defective air locks (3.6);
5.4.5. missing or defective quick-closing valves (5.6);
5.4.6. missing or defective safety valves (8.2);
5.4.7. electrical installations not safe or not corresponding to the code requirements (10.2.4);
5.4.8. ventilators in the cargo area not operable (12.1);
5.4.9. pressure alarms for cargo tanks not operable (13.4.1);
5.4.10. the gas detection plant or toxic gas detection plant defective (13.6); and
5.4.11. transport of substances to be inhibited, slow down, if the ship does not have a valid inhibitor certificate
(17/19);
5.5. the areas under the LL 66 Convention;
5.5.1. significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting
seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent
repairs have been carried out;
5.5.2. a recognised case of insufficient stability;
5.5.3. the absence of sufficient and reliable information, in an approved form, which by rapid and simple means
enables the master to arrange for the loading and ballasting of the ship in such a way that a safe margin of stability is
maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses
in the ship structure are avoided;
5.5.4. the absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight
doors;
5.5.5. the ship is overloaded; and
5.5.6. the absence of the draft mark or the draft mark impossible to read;
5.6. the areas under the MARPOL Convention, Annex 1 (references are given in brackets):
5.6.1. the absence, serious deterioration or failure of the proper operation of the oily-water filtering equipment, the
oil discharge monitoring and control system or the 15 ppm alarm arrangements;
5.6.2. the remaining capacity of the slop or sludge tank insufficient for the intended voyage;
5.6.3. the Oil Record Book not available (20 (5));
5.6.4. an unauthorised discharge bypass fitted; and
5.6.5. the absence of the inspection report or its failure to comply with rule 13. G(3)(b) of the MARPOL Convention;
5.7. the areas under the MARPOL Convention, Annex II (references are given in brackets):
5.7.1. the absence of the procedures manual in accordance with rule 5, Annex II to the MARPOL Convention (P&A
Manual);
5.7.2. the cargo is not categorised (3 (4));
5.7.3. no cargo record book available (9 (6));
5.7.4. transport of oil-like substances without satisfying the requirements or without an appropriately amended
certificate (14); and
5.7.5. an unauthorised discharge bypass fitted;
5.8. the areas under the STCW Convention:

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 15 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.8.1. the crew members do not have appropriate certificates, valid dispensations or they cannot provide any
documentary proof that an application for endorsement has been submitted to the flag State administration;
5.8.2. failure to comply with the applicable safe manning requirements of the flag State administration;
5.8.3. failure of the navigational or engineering watch arrangements to conform to the requirements specified for the
ship by the flag State administration;
5.8.4. the absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio
communications or the prevention of marine pollution;
5.8.5. failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship
and the prevention of pollution; and
5.8.6. inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches
persons who are sufficiently rested and otherwise fit for duty; and
5.9. the areas under the ILO Convention No.147 and ILO PROT 96:
5.9.1. insufficient food for the voyage to the next port;
5.9.2. insufficient potable water for the voyage to the next port;
5.9.3. excessively unsanitary conditions on board;
5.9.4. no heating in the accommodation of a ship operating in the areas where the temperatures may be excessively
low;
5.9.5. excessive garbage non-complying with the hygiene norms, blockage by equipment or cargo or otherwise unsafe
conditions in the passageways and accommodations; and
5.9.6. evidence that the crew members, who shall ensure the first watch, are too tired (for example, cannot
concentrate on the performance of duties).

6. Ships shall not be detained, if the inert gas system or cargo-related gear or machinery fail to operate properly or
are not maintained in accordance with the operating instructions thereof. It shall be considered as sufficient grounds
for stopping cargo operations.

7. The list of deficiencies referred to in Paragraph 5 of this Annex is not complete. Only the deficiencies, which are the
basis for detention in the areas in which the STCW Convention is applied and which are referred to in Sub-paragraph
5.8 of this Annex, shall be the only basis for detention in accordance with the referred to Convention.

6. States that the operation of a ship governed by the national laws and regulations of the flag State, including
those laws and regulations giving effect to international conventions

Coastal State Control

One of the weaknesses of Port State Control is that a substandard ship cannot be inspected before it reaches a port.
Hence, the ship might travel for thousands of miles in dangerous condition and eventually - willfully or unintentionally
- pollute a coastal State's waters. The right to enforce international standards are nonetheless very limited for coastal
States. That is primarily due to the right of innocent passage. However, Article 220 of the LOSC includes relevant
provisions for Coastal State Control in regard to pollution. A vessel that navigates in the territorial sea of the coastal
State is allowed to be physically inspected if it is suspected of polluting. If sufficient evidence of the pollution is found,
the coastal State is empowered to institute proceedings and detain the vessel. The coastal State is nevertheless
obliged to respect the provisions of innocent passage. The coastal State's rights are narrower in case of a suspected
pollution in the coastal State's EEZ. The LOSC (Law of the Sea Convention) grants the coastal State merely the right to
request information regarding the vessel's identity, port of registry and its last and next port of call. Physical inspection
of the vessel is only allowed in cases of a substantial discharge and only under the condition that the vessel has refused
to give the requested information or has given manifestly wrong information.

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 16 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

7. States that difference of detail usually exists in the national laws of different states implementing the same
convention

International Agreements

International agreements are formal understandings or commitments between two or more countries. An agreement
between two countries is called “bilateral,” while an agreement between several countries is “multilateral.” The
countries bound by an international agreement are generally referred to as “States Parties.”
Under international law, a treaty is any legally binding agreement between states (countries). A treaty can be called
a Convention, a Protocol, a Pact, an Accord, etc.; it is the content of the agreement, not its name, which makes it a
treaty. Thus, the Geneva Protocol and the Biological Weapons Convention are both treaties even though neither has
the word “treaty” in its name. Under U.S. law, a treaty is specifically a legally binding agreement between countries
that requires ratification and the “advice and consent” of the Senate. All other agreements (treaties in the
international sense) are called Executive Agreements, but are nonetheless legally binding for the U.S. under
international law.
A treaty is negotiated by a group of countries, either through an organization set up for that specific purpose, or
through an existing body such as the United Nations (UN) Council for Disarmament. The negotiation process may take
several years, depending on the topic of the treaty and the number of countries participating. After negotiations are
finished, the treaty is signed by representatives of the governments involved. The terms may require that the treaty
be ratified as well as signed before it becomes legally binding. A government ratifies a treaty by depositing an
instrument of ratification at a location specified in the treaty; the instrument of ratification is a document containing
a formal confirmation that the government consents to the terms of the treaty. The ratification process varies
according to the laws and Constitutions of each country. In the U.S., the President can ratify a treaty only after getting
the “advice and consent” of two thirds of the Senate.
Unless a treaty contains provisions for further agreements or actions, only the treaty text is legally binding. Generally,
an amendment to a treaty is only binding to the states that have ratified the amendment, and agreements reached
at review conferences, summits, or meetings of the states parties are politically but not legally binding. An example
of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the
Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and
the Security Council. Thus, UN resolutions are legally binding on UN Member States, and no signature or ratification
is necessary.
In addition to treaties, there are other less formal international agreements. These include such efforts as
the Proliferation Security Initiative (PSI) and the G7 Global Partnership Against the Spread of Weapons of Mass
Destruction. Although the PSI has a “Statement of Interdiction Principles” and the G7 Global Partnership has several
statements by G7 leaders, neither has a legally binding document that lays out specific obligations and that is signed
or ratified by member countries.

9. States that, when in port, a ship must also comply with the appropriate laws and regulations of the port State

Port State Control

Some of the drawbacks regarding the concept of exclusive flag State control have, to some extent, have been
overcome by the rights of port States given by some IMO conventions. These rights permit port States to control
vessels lying in their ports. Moreover, it is arguable that it is customary international law that port States have the
right to control if the vessels in their harbors are safe and detain them if they are not.' 12 Thus, in accordance with
customary international law, 14 European States (reacting to the Amoco Cadiz disaster) signed a Memorandum of
Understanding ("MOU") on Port State Control in 1982 ("Paris MOU"). The Paris MOU provides that the participating
port States maintain an effective system of port State control and also enforce compliance with the main international
safety and pollution conventions, regardless of whether the flag State of the concerned ship is a party to these
conventions or not. The port States have the control competences that are given by the various conventions. The Paris
Form No. BPM2-CME 20 F-009 MGT 312(Module 2)
Rev.03 Page 17 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

MOU states that each port authority has to inspect a minimum of 25 per cent of the ships. 113 If deficiencies are
discovered, the ship is only allowed to continue its journey after the hazard has been removed.' 14 It has to be
emphasized though that MOUs do not give the right to prosecute foreign vessels for noncompliance with the required
standards.' 15 Port State Control enables participating port States - in cooperation with other States - to develop
positive, as well as negative lists of flag States and performance tables for Classification Societies.'' 6 These lists include
information on detained ships, their flags, names, and types, which is published on relevant websites. A great part of
the success of Port State Control measures is therefore based on the "name and shame" principle. 17 As port State
control turned out to be an effective measure to enhance compliance with international agreements, other regions
of the world followed the example of the Paris MOU and adopted their own MOUs. There are currently nine regional
MOUs on Port State Control. The United States of America furthermore operate a unilateral Port State Control
programme. Regional MOUs increasingly exchange data on inspected ships so that significantly substandard ships
have nowhere to go anymore. Moreover, the IMO started to grant technical assistance to developing MOUs in order
to harmonize Port State Control activities. 119 Another noteworthy provision in the LOSC dealing with Port State
Control is Article 218. It concerns the enforcement of environmental standards by port States. The provision resulted
from a US suggestion in the Seabed Committee in 1973 and a more specific proposal of several European countries in
the Third Committee of the Conference at Caracas in 1974. It was anticipated that Port State Control would be a cost
effective alternative to intervention at sea by coastal States. 120 Article 218 allows port States to undertake
investigations of any discharge from a vessel "outside the internal waters, territorial sea or exclusive economic zone
of that State in violation of applicable international rules and standards". The provision therefore amounts to an
extra-territorial jurisdiction of some sort. There are, however, limitations in the number of cases in which case the
discharge took place in the internal waters, territorial sea or EEZ of another State. In that case, proceedings shall only
be instituted if the other State or the flag State requests so.

EVALUATE

1. They were the once who undertake to apply these standards in their territory, only if there is reciprocity, by
granting them a level higher than their national standards. Who are they?
2. It is only small part of international set of rules and mainly regulates the maritime zones and rights and
obligations of states with regards to them. What set of rules it is?
3. All ships must be surveyed and verified by officers of the flag State Administrations or their recognized
organizations (ROs)/recognized security organizations (RSOs)/nominated surveyors. What are the reasons?
4. Who has to enforce international instruments?
5. Who are authorised in accordance with Paragraph 9 of these Regulations to carry out ship inspections and
other measures referred to in these Regulations for the implementation of port State control on the ships
specified in Paragraph 5 of these Regulations?
6. What Conventions grants the coastal State merely the right to request information regarding the vessel's
identity, port of registry and its last and next port of call. Physical inspection of the vessel is only allowed in
cases of a substantial discharge and only under the condition that the vessel has refused to give the requested
information or has given manifestly wrong information?
7. Under U.S. law, it is specifically a legally binding agreement between countries that requires ratification and
the “advice and consent” of the Senate. What is it?
8. The Master is authorized to conduct certain legal transactions on the behalf and for the account of the ship
owner. Whenever there are legal transactions, what is the designation of Master?
9. Port State Control enables participating port States - in cooperation with other States - to develop positive,
as well as negative lists of flag States and performance tables for Classification Societies.'' 6 These lists include
information on detained ships, their flags, names, and types. What will be the next step the port State officer
will do after inspection of vessels?
10. SOLAS - Electronic chart display and information system (ECDIS)

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 18 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

SOLAS regulation V/19.2 relating to the use of ECDIS by ships engaged in international voyages was approved
in 2009 and introduces an implementation schedule based on ships’ type and date of construction. A
“deadline” for cargo ships of 50,000 GT and above constructed before 1 July 2013. When was that deadline?
11. Explain the procedures how compliance of a ship to a convention is verified.

Quiz will be uploaded in Edmodo.

EXTEND

Establishing an obligation to enforce international regulations giving power to States as far as the sovereignty of other
States may be affected Twofold interest:
• Strict and effective enforcement
• Limitation of interference with sovereignty of other States.
In your opinion how do the enforcement jurisdiction of States be carried out? Explain.
• The STCW Convention is rightly considered one of the most important international instruments for the safety of
navigation and the protection of the marine environment ever adopted under the auspices of the International
Maritime Organization (IMO). A number of supporting resolutions were also passed at the STCW Convention. In your
own opinion, do these 23 resolutions are necessary? Explain.

References:

• Louis de Gouyon Matignonspace law Air Law, Public International Law, The Antarctic Treaty System (1959), The
United Nations - Space Legal Issues - 2020
• Prof. Dr. Dr. h.c. Peter Ehlers President of the Federal Maritime and Hydrographic Agency (ret.) Institute for the
Law of the Sea and Maritime Law, Hamburg University
• Minister for Transport - A. Šlesers - Republic of Latvia Cabinet Regulation No 197
Adopted 14 March 2006
• DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS NEW
YORK 2009 - Nivedita M. Hosanee The United Nations-Nippon Foundation Fellowship Programme 2009 - 2010
• U.S. Department of Health & Human Services - last reviewed: February 15, 2018
• Ranka Petrinović et al.: The Importance of Maritime Law in Seafarer Training Pursuant to Amendments to the
STCW Convention
• Copyright 2020 International Maritime Organization (IMO)
• Journal of International Business and Law, Volume Issue 2 (2011) Article 5
• GARD Alert – Member of IGP&I Cefor The Nordic Association of Marine Insurers - ALERT
08 JUL 2016

Revision Status:

MOD MGT 312(2)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 2)


Rev.03 Page 19 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 3 (WEEK 3)
Chapter 1 (Cont’n) 1.3 Safety International Convention on Load Lines, 1966 (LL 1966), as amended
TOPIC LEARNING OUTCOMES

The students shall be able to:

1. State that no ship to which the Convention applies may proceed to sea on an international voyage unless it
has been surveyed, marked and provided with an International Load Line Certificate (1966) or an International
Load Line Exemption Certificate, if appropriate
2. Explain to which ships the Convention applies
3. Describe the duration of validity of an International Load Line Certificate (1966)
4. Explain the circumstances in which an International Load Line Certificate (1966) would be cancelled by the
Administration
5. State the control to which ships holding an International Load Line Certificate (1966) are subject when in the
ports of other Contracting Governments
6. Describe for the purposes of the Regulations: - freeboard - freeboard deck – superstructure
7. Describe the position, dimensions and marking of: - the deck line - the load Line Mark - lines to be used with
the load Line Mark
8. State that the circle lines and letters are to be painted in white or yellow a dark ground or in black on a light
ground and that they should be permanently marked on the sides of the ship
9. State that the International load Line Certificate (1966) will not be delivered to a ship until the surveyor has
certified that the marks are correctly and permanently indicated on the ship's sides
10. Describe the requirements concerning the provision of closing appliances for ventilators
11. State that means, permanently attached, should be provided for closing the openings of air pipes to ballast
tanks and other tanks
12. Describe the provisions for the protection of the crew
13. State that deck cargo should be so stowed as to allow for the closing of openings giving access to crew's
quarters, machinery space and other parts used in the necessary work of the ship

ENGAGE

Question:

Mar 22, 2017 - SEOUL, South Korea — A South Korean ferry that sank nearly three years ... They also hoped that the
wreckage would reveal more clues to what caused the ship to sink. Government investigators have
blamed overloading, the ship's ... When the Sewol capsized, its crew members were among the first to flee. Why it is
that whenever a marine disaster happens, overloading theory arises?

Form No. BPM2-CME 20 F-009 MGT 312(Module 3)


Rev.03 Page 1 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

EXPLORE

• International Convention On Load Lines of 1966

Question:
What is the purpose of establishing an
International Convention on Load Lines?

EXPLAIN AND ELABORATE

“Discussion of the topics with power point presentation”

Criteria for the Detention of a Ship

1. Before taking a decision regarding the detention of a ship, the port State control inspector shall apply the criteria
referred to in Paragraphs 2, 3 and 4 of this Annex.

2. In taking a decision regarding the detention of a ship, the port State control inspector shall take into account the
following main criteria:
2.1. the ships which are unsafe to proceed to sea shall be detained upon the first inspection irrespective of how much
time the ship will stay in the port; and
2.2. the ship shall be detained if its deficiencies are sufficiently serious to merit the port State control inspector
returning to satisfy himself that they have been rectified before the ship sails.

3. When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention, the port State
control inspector shall assess whether:
3.1. all the documents, specified in the Conventions referred to in Sub-paragraph 5.3 of these Regulations and in other
regulatory enactments related to maritime safety, marine environment protection and seafarers’ living and working
conditions, are valid; and
3.2. the ship has the crew required in the Minimum Safe Manning Document and whether the crew is able during the
forthcoming voyage:
3.2.1. to navigate safely;
3.2.2. safely handle, carry and monitor the condition of the cargo;
3.2.3. to operate the engine room safely;
3.2.4. to maintain proper propulsion and steering;
3.2.5. to fight fires effectively in any part of the ship if necessary;
3.2.6. to abandon the ship speedily and safely and effect rescue if necessary;
3.2.7. to prevent pollution of the environment;
3.2.8. to maintain adequate stability of the ship;
3.2.9. to maintain adequate watertight integrity;
3.2.10. to communicate in distress situations;
Form No. BPM2-CME 20 F-009 MGT 312(Module 3)
Rev.03 Page 2 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3.2.11. to provide safe and healthy conditions on board; and


3.2.12. to provide maximum information in the case of an accident (using the voyage data recording equipment).

4. If the answer to any of the assessments referred to in Paragraph 3 of this Annex is negative, taking into account the
dangerousness of all deficiencies found, the port State control inspector shall consider, whether the ship shall be
subject to detention. A combination of deficiencies of a less serious nature (deficiencies the combination of which
poses a risk to maritime safety, marine environment protection or the seafarers’ living or working conditions may also
warrant the detention of the ship.

5. Deficiencies due to which the ship may be detained:


5.1. deficiencies of a general nature: the lack of valid certificates or documents required by the Conventions referred
to in Sub-paragraph 5.3 of these Regulations or other regulatory enactments in the field of maritime safety, marine
environment protection and seafarers’ living and working conditions. However, ships flying the flag of States not party
to the Conventions referred to in Sub-paragraph 5.3 of these Regulations or not having implemented another
regulatory enactment in the field of maritime safety, marine environment protection and seafarers’ living and working
conditions, do not have a duty to receive the certificates intended in the Conventions or other regulatory enactments,
therefore, the absence of the referred to certificates may not by itself constitute the reason to detain such ships.
However, when applying the “no more favourable treatment” clause, substantial compliance with the requirements
of the referred to documents is required before the ship sails;
5.2. the areas under the SOLAS Convention (references are given in brackets):
5.2.1. failure of the proper operation of the propulsion and other essential machinery, as well as electrical
installations;
5.2.2. insufficient cleanliness of the engine room, an excess amount of oily-water mixtures in the bilges, insulation of
the piping including the exhaust pipes in the engine room contaminated by oil products, improper operation of the
bilge pumping arrangements;.
5.2.3. failure of the proper operation of the emergency generator, lighting, batteries and switches;
5.2.4. failure of the proper operation of the main and auxiliary steering gear;
5.2.5. the absence of personal life-saving appliances, collective survival craft and the launching arrangements thereof,
an insufficient number of survival craft or the serious deterioration thereof;
5.2.6. the absence of the fire detection system, fire alarms, fire fighting equipment, fixed fire-extinguishing
installation, ventilation valves, fire dampers and quick-closing devices, they do not comply with the requirements or
they are substantially deteriorated and cannot fulfil the functions thereof;
5.2.7. the absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on
tankers;
5.2.8. the absence, non-compliance with the requirements or substantial deterioration of the navigation lights, shapes
or sound signals
5.2.9. the absence or failure of the proper operation of the radio equipment for distress and safety communication;
5.2.10. the absence or failure of the proper operation of the navigation equipment, taking into the provisions of SOLAS
Regulation V/12(o) into account;
5.2.11. the absence of corrected navigation charts, or all other relevant nautical publications necessary for the
intended voyage, taking into account that electronic charts may be used as a substitute for the charts;
5.2.12. sparking exhaust ventilation for the cargo pump rooms (SOLAS Regulation II-2/59.3.1);
5.2.13. serious deficiencies in the organisations of the ship operation specified in Section 5.5 of Annex 1 to the Paris
Memorandum;
5.2.14. the number, composition or certification of the crew members is not in compliance with the Minimum Safe
Manning Document;
5.2.15. the extended survey programme in accordance with Chapter XI, rule 2 of the SOLAS Convention is not carried
out; and
5.2.16. the absence or failure of the proper operation of the voyage data recorder (VDR), if the usage thereof is
mandatory;
Form No. BPM2-CME 20 F-009 MGT 312(Module 3)
Rev.03 Page 3 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.3. the areas under the International Bulk Chemical (IBC) Code (references are given in brackets):
5.3.1. transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (16.2);
5.3.2. missing or damaged high-pressure safety devices (8.2.3);
5.3.3. electrical installations not safe or not corresponding to the code requirements (10.2.3);
5.3.4. the sources of ignition in hazardous locations (11.3.15);
5.3.5. contraventions of special requirements (15);
5.3.6. the exceeding of maximum allowable cargo quantity per tank (16.1); and
5.3.7. insufficient heat protection for sensitive products (16.6.);
5.4. the areas under the International Gas Carrier Code (IGC) (references are given in brackets):
5.4.1. transport of a substance not mentioned in the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,
the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the Certificate of Fitness for
the Carriage of Dangerous Chemicals in Bulk or missing cargo information (18.1);
5.4.2. missing closing devices for the accommodations or service spaces (3.2.6);
5.4.3. bulkheads not gas tight (3.3.2);
5.4.4. defective air locks (3.6);
5.4.5. missing or defective quick-closing valves (5.6);
5.4.6. missing or defective safety valves (8.2);
5.4.7. electrical installations not safe or not corresponding to the code requirements (10.2.4);
5.4.8. ventilators in the cargo area not operable (12.1);
5.4.9. pressure alarms for cargo tanks not operable (13.4.1);
5.4.10. the gas detection plant or toxic gas detection plant defective (13.6); and
5.4.11. transport of substances to be inhibited, slow down, if the ship does not have a valid inhibitor certificate
(17/19);
5.5. the areas under the LL 66 Convention;
5.5.1. significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting
seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent
repairs have been carried out;
5.5.2. a recognised case of insufficient stability;
5.5.3. the absence of sufficient and reliable information, in an approved form, which by rapid and simple means
enables the master to arrange for the loading and ballasting of the ship in such a way that a safe margin of stability is
maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses
in the ship structure are avoided;
5.5.4. the absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight
doors;
5.5.5. the ship is overloaded; and
5.5.6. the absence of the draft mark or the draft mark impossible to read;
5.6. the areas under the MARPOL Convention, Annex 1 (references are given in brackets):
5.6.1. the absence, serious deterioration or failure of the proper operation of the oily-water filtering equipment, the
oil discharge monitoring and control system or the 15 ppm alarm arrangements;
5.6.2. the remaining capacity of the slop or sludge tank insufficient for the intended voyage;
5.6.3. the Oil Record Book not available (20 (5));
5.6.4. an unauthorised discharge bypass fitted; and
5.6.5. the absence of the inspection report or its failure to comply with rule 13. G(3)(b) of the MARPOL Convention;
5.7. the areas under the MARPOL Convention, Annex II (references are given in brackets):
5.7.1. the absence of the procedures manual in accordance with rule 5, Annex II to the MARPOL Convention (P&A
Manual);
5.7.2. the cargo is not categorised (3 (4));
5.7.3. no cargo record book available (9 (6));
5.7.4. transport of oil-like substances without satisfying the requirements or without an appropriately amended
certificate (14); and
Form No. BPM2-CME 20 F-009 MGT 312(Module 3)
Rev.03 Page 4 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.7.5. an unauthorised discharge bypass fitted;


5.8. the areas under the STCW Convention:
5.8.1. the crew members do not have appropriate certificates, valid dispensations or they cannot provide any
documentary proof that an application for endorsement has been submitted to the flag State administration;
5.8.2. failure to comply with the applicable safe manning requirements of the flag State administration;
5.8.3. failure of the navigational or engineering watch arrangements to conform to the requirements specified for the
ship by the flag State administration;
5.8.4. the absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio
communications or the prevention of marine pollution;
5.8.5. failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship
and the prevention of pollution; and
5.8.6. inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches
persons who are sufficiently rested and otherwise fit for duty; and
5.9. the areas under the ILO Convention No.147 and ILO PROT 96:
5.9.1. insufficient food for the voyage to the next port;
5.9.2. insufficient potable water for the voyage to the next port;
5.9.3. excessively unsanitary conditions on board;
5.9.4. no heating in the accommodation of a ship operating in the areas where the temperatures may be excessively
low;
5.9.5. excessive garbage non-complying with the hygiene norms, blockage by equipment or cargo or otherwise unsafe
conditions in the passageways and accommodations; and
5.9.6. evidence that the crew members, who shall ensure the first watch, are too tired (for example, cannot
concentrate on the performance of duties).

6. Ships shall not be detained, if the inert gas system or cargo-related gear or machinery fail to operate properly or
are not maintained in accordance with the operating instructions thereof. It shall be considered as sufficient grounds
for stopping cargo operations.

7. The list of deficiencies referred to in Paragraph 5 of this Annex is not complete. Only the deficiencies, which are the
basis for detention in the areas in which the STCW Convention is applied and which are referred to in Sub-paragraph
5.8 of this Annex, shall be the only basis for detention in accordance with the referred to Convention.

6. States that the operation of a ship governed by the national laws and regulations of the flag State, including
those laws and regulations giving effect to international conventions

Coastal State Control

One of the weaknesses of Port State Control is that a substandard ship cannot be inspected before it reaches a port.
Hence, the ship might travel for thousands of miles in dangerous condition and eventually - willfully or unintentionally
- pollute a coastal State's waters. The right to enforce international standards are nonetheless very limited for coastal
States. That is primarily due to the right of innocent passage. However, Article 220 of the LOSC includes relevant
provisions for Coastal State Control in regard to pollution. A vessel that navigates in the territorial sea of the coastal
State is allowed to be physically inspected if it is suspected of polluting. If sufficient evidence of the pollution is found,
the coastal State is empowered to institute proceedings and detain the vessel. The coastal State is nevertheless
obliged to respect the provisions of innocent passage. The coastal State's rights are narrower in case of a suspected
pollution in the coastal State's EEZ. The LOSC (Law of the Sea Convention) grants the coastal State merely the right to
request information regarding the vessel's identity, port of registry and its last and next port of call. Physical inspection
of the vessel is only allowed in cases of a substantial discharge and only under the condition that the vessel has refused
to give the requested information or has given manifestly wrong information.

Form No. BPM2-CME 20 F-009 MGT 312(Module 3)


Rev.03 Page 5 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

7. States that difference of detail usually exists in the national laws of different states implementing the same
convention

International Agreements

International agreements are formal understandings or commitments between two or more countries. An agreement
between two countries is called “bilateral,” while an agreement between several countries is “multilateral.” The
countries bound by an international agreement are generally referred to as “States Parties.”
Under international law, a treaty is any legally binding agreement between states (countries). A treaty can be called
a Convention, a Protocol, a Pact, an Accord, etc.; it is the content of the agreement, not its name, which makes it a
treaty. Thus, the Geneva Protocol and the Biological Weapons Convention are both treaties even though neither has
the word “treaty” in its name. Under U.S. law, a treaty is specifically a legally binding agreement between countries
that requires ratification and the “advice and consent” of the Senate. All other agreements (treaties in the
international sense) are called Executive Agreements, but are nonetheless legally binding for the U.S. under
international law.
A treaty is negotiated by a group of countries, either through an organization set up for that specific purpose, or
through an existing body such as the United Nations (UN) Council for Disarmament. The negotiation process may take
several years, depending on the topic of the treaty and the number of countries participating. After negotiations are
finished, the treaty is signed by representatives of the governments involved. The terms may require that the treaty
be ratified as well as signed before it becomes legally binding. A government ratifies a treaty by depositing an
instrument of ratification at a location specified in the treaty; the instrument of ratification is a document containing
a formal confirmation that the government consents to the terms of the treaty. The ratification process varies
according to the laws and Constitutions of each country. In the U.S., the President can ratify a treaty only after getting
the “advice and consent” of two thirds of the Senate.
Unless a treaty contains provisions for further agreements or actions, only the treaty text is legally binding. Generally,
an amendment to a treaty is only binding to the states that have ratified the amendment, and agreements reached
at review conferences, summits, or meetings of the states parties are politically but not legally binding. An example
of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the
Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and
the Security Council. Thus, UN resolutions are legally binding on UN Member States, and no signature or ratification
is necessary.
In addition to treaties, there are other less formal international agreements. These include such efforts as
the Proliferation Security Initiative (PSI) and the G7 Global Partnership Against the Spread of Weapons of Mass
Destruction. Although the PSI has a “Statement of Interdiction Principles” and the G7 Global Partnership has several
statements by G7 leaders, neither has a legally binding document that lays out specific obligations and that is signed
or ratified by member countries.

9. States that, when in port, a ship must also comply with the appropriate laws and regulations of the port State

Port State Control

Some of the drawbacks regarding the concept of exclusive flag State control have, to some extent, have been
overcome by the rights of port States given by some IMO conventions. These rights permit port States to control
vessels lying in their ports. Moreover, it is arguable that it is customary international law that port States have the
right to control if the vessels in their harbors are safe and detain them if they are not.' 12 Thus, in accordance with
customary international law, 14 European States (reacting to the Amoco Cadiz disaster) signed a Memorandum of
Understanding ("MOU") on Port State Control in 1982 ("Paris MOU"). The Paris MOU provides that the participating
port States maintain an effective system of port State control and also enforce compliance with the main international
safety and pollution conventions, regardless of whether the flag State of the concerned ship is a party to these
Form No. BPM2-CME 20 F-009 MGT 312(Module 3)
Rev.03 Page 6 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

conventions or not. The port States have the control competences that are given by the various conventions. The Paris
MOU states that each port authority has to inspect a minimum of 25 per cent of the ships. 113 If deficiencies are
discovered, the ship is only allowed to continue its journey after the hazard has been removed.' 14 It has to be
emphasized though that MOUs do not give the right to prosecute foreign vessels for noncompliance with the required
standards.' 15 Port State Control enables participating port States - in cooperation with other States - to develop
positive, as well as negative lists of flag States and performance tables for Classification Societies.'' 6 These lists include
information on detained ships, their flags, names, and types, which is published on relevant websites. A great part of
the success of Port State Control measures is therefore based on the "name and shame" principle. 17 As port State
control turned out to be an effective measure to enhance compliance with international agreements, other regions
of the world followed the example of the Paris MOU and adopted their own MOUs. There are currently nine regional
MOUs on Port State Control. The United States of America furthermore operate a unilateral Port State Control
programme. Regional MOUs increasingly exchange data on inspected ships so that significantly substandard ships
have nowhere to go anymore. Moreover, the IMO started to grant technical assistance to developing MOUs in order
to harmonize Port State Control activities. 119 Another noteworthy provision in the LOSC dealing with Port State
Control is Article 218. It concerns the enforcement of environmental standards by port States. The provision resulted
from a US suggestion in the Seabed Committee in 1973 and a more specific proposal of several European countries in
the Third Committee of the Conference at Caracas in 1974. It was anticipated that Port State Control would be a cost
effective alternative to intervention at sea by coastal States. 120 Article 218 allows port States to undertake
investigations of any discharge from a vessel "outside the internal waters, territorial sea or exclusive economic zone
of that State in violation of applicable international rules and standards". The provision therefore amounts to an
extra-territorial jurisdiction of some sort. There are, however, limitations in the number of cases in which case the
discharge took place in the internal waters, territorial sea or EEZ of another State. In that case, proceedings shall only
be instituted if the other State or the flag State requests so.

EVALUATE

1. What is the meaning of length and depth in International Convention on Load Lines of 1966?
2. What are the requirements for existing ships which do not fully comply with the requirements of the Regulations
contained in Annex I or any part thereof?
3. The person or organization carrying out the survey may extend the validity of the original certificate. What is the
duration of the extend period?
4. The Master of a vessel had constructed an additional platform in way to all hatches which caused material
alterations have taken place in the hull or superstructures of the ship. In what part of the convention we can find
the explanation of the activity?
5. When in the ports of other Contracting Governments, to control by officers duly authorized by such
Governments. Contracting Governments shall ensure that such control is exercised as far as is reasonable and
practicable. What document would the control officers to verify?
6. What is the condition that a bridge or poop shall not be regarded as enclosed superstructure?
7. It is marked amidships on each side of the ship, and its upper edge shall normally pass through the point where
the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell. What
are these markings and its specification?
8. How would the circle lines and letters of the Load Line marks are to be painted?
9. What must be verified and carried out by officer or surveyor acting under the provisions of Article 13 of the
present Convention before they deliver the International Load Line Certificate (1966) to the vessel?
10. What are the requirements concerning the provision of closing appliances for ventilators in position 1 or 2 to
spaces below freeboard decks or decks of enclosed superstructures?
11. The air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts
of the pipes shall be of substantial construction. How shall these air pipes to be constructed?
12. Efficient guard rails or bulwarks shall be fitted on all exposed parts of the freeboard and superstructure decks.
How do these guard rails and bulwarks to be constructed?
Form No. BPM2-CME 20 F-009 MGT 312(Module 3)
Rev.03 Page 7 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

13. What should be constructed if there are deck cargoes to have an effective protection for the crew?

Quiz will be uploaded in Edmodo.

EXTEND

• It has been approved that no ship to which the present Convention applies shall proceed to sea on an international
voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and
provided with an International Load Line Certificate (1966) or, where appropriate, an International Load Line
Exemption Certificate in accordance with the provisions of the present Convention. In your opinion, can an
Administration assign a greater freeboard than the minimum freeboard?

• Regarding the provisions for the protection of the crew, what does Satisfactory mean? Explain.

Submit or upload your answers in Edmodo.

References:

• International Convention on Load Lines 1966 - Done at London this fifth day of April 1966.

Revision Status:

MOD MGT 312(3)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 3)


Rev.03 Page 8 of 8
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 4 (WEEK 4)
Chapter 1 (Cont’n) 1.3 Safety International Convention on Load Lines, 1966 (LL 1966), as amended
TOPIC LEARNING OUTCOMES

The students shall be able to:


1. State that unless expressly provided otherwise, the regulations apply only to ships engaged on international
voyages
2. Define 'international voyage'
3. Define:
- passenger
- passenger ship
- cargo ship
- tanker
- age of a ship
4. Explain who may carry out surveys for the enforcement of the provisions of SOLAS
5. Describe the powers of a nominated surveyor
6. Describe the procedures which apply if the surveyor finds that the ship does not comply with the provisions or is
in such a condition that it is not fit to proceed to sea without danger to the ship or to persons on board
7. List the surveys to which a passenger ship must be subjected
8. Describe the extent of the surveys of passenger ships
9. Describe the requirements for surveys of life-saving appliances and other equipment of cargo ships, including
mandatory annual surveys
10. Describe the requirements for surveys of radio and radar installations of cargo ships
11. Describe the requirements for surveys of hull, and their extent, machinery and equipment of cargo ships,
including mandatory annual surveys
12. Describe the extent of the surveys of hull, machinery and other equipment of cargo ships
13. State that the condition of the ship and its equipment must be maintained to conform with the provisions of
the regulations
14. State that after any survey of a ship required by SOLAS, no change should be made in the structural
arrangements, machinery, equipment or other items covered by the survey without the sanction of the
Administration
15. State that any accident to a ship or defect affecting the safety of the ship or the efficiency or completeness of
the life-saving appliances or equipment should be reported to the Administration or organization responsible for
issuing the relevant certificate, who will decide whether a survey is required
16. List the surveys and their extent to which a passenger ship must be subjected
17. State that an accident or defect should also be immediately reported, by the master or owner, to the
appropriate authorities of the port State when the ship is in a port of another Party to the SOLAS Convention

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 1 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

18. List the certificates, including attachments and supplements, where appropriate, issued after survey to ships
satisfying the requirements of SOLAS

ENGAGE

Why is the SOLAS Convention important?

EXPLORE

• International Convention for the Safety of Life at Sea, 1974

Question:
What is the main objective of the SOLAS Convention?

• Surveys, Verification and Certification

Question:
What is the purpose of Surveys, Verifications and Certification to all ships?

EXPLAIN AND ELABORATE

1.3 Safety International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS) – General Provisions

The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties
concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster,
the second in 1929, the third in 1948, and the fourth in 1960. The 1974 version includes the tacit acceptance procedure
- which provides that an amendment shall enter into force on a specified date unless, before that date, objections to
the amendment are received from an agreed number of Parties.
As a result, the 1974 Convention has been updated and amended on numerous occasions. The Convention in force
today is sometimes referred to as SOLAS, 1974, as amended.

Technical provisions

The main objective of the SOLAS Convention is to specify minimum standards for the construction, equipment and
operation of ships, compatible with their safety. Flag States are responsible for ensuring that ships under their flag
comply with its requirements, and a number of certificates are prescribed in the Convention as proof that this has
been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States if there
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 2 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of
the Convention - this procedure is known as port State control. The current SOLAS Convention includes Articles setting
out general obligations, amendment procedure and so on, followed by an Annex divided into 14 Chapters.
Contracting Government means the government of a state which is Party to the International Convention for the
Safety of Life at Sea, (SOLAS), 1974, as amended

1. State that unless expressly provided otherwise, the regulations apply only to ships engaged on international
voyages

ANNEX
CHAPTER I
GENERAL PROVISIONS

Chapter I - General Provisions

Includes regulations concerning the survey of the various types of ships and the issuing of documents signifying that
the ship meets the requirements of the Convention. The Chapter also includes provisions for the control of ships in
ports of other Contracting Governments.

PART A - APPLICATION, DEFINITIONS, ETC.


Regulation 1
Application

(a) Unless expressly provided otherwise, the present Regulations apply only to ships engaged on international
voyages. (b) The classes of ships to which each Chapter applies are more precisely defined, and the extent of the
application is shown, in each Chapter.

2. Define 'international voyage'

3. Define: - passenger - passenger ship - cargo ship - tanker - age of a ship


Regulation 2

Definitions

For the purpose of the present Regulations, unless expressly provided otherwise:

(a) "Regulations" means the Regulations contained in the Annex to the present Convention.
(b) "Administration" means the Government of the State whose flag the ship is entitled to fly.
(c) "Approved" means approved by the Administration.
(d) "International voyage" means a voyage from a country to which the present Convention applies to a port outside
such country, or conversely.
(e) A passenger is every person other than:
(i) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship
on the business of that ship; and
(ii) a child under one year of age.
(f) A passenger ship is a ship which carries more than twelve passengers.
(g) A cargo ship is any ship which is not a passenger ship.
(h) A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.
(i) A fishing vessel is a vessel used for catching fish, whales, seals, walrus or other living resources of the sea.
(j) A nuclear ship is a ship provided with a nuclear power plant.
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 3 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(k) "New ship" means a ship the keel of which is laid or which is at a similar stage of construction on or after the date
of coming into force of the present Convention.
(l) "Existing ship" means a ship which is not a new ship. (m) A mile is 1,852 metres or 6,080 feet. R

4. Explain who may carry out surveys for the enforcement of the provisions of SOLAS

Surveys, Verifications and Certification


All ships must be surveyed and verified by officers of the flag State Administrations or their recognized organizations
(ROs)/recognized security organizations (RSOs)/nominated surveyors so that relevant certificates can be issued to
establish that the ships are designed, constructed, maintained and managed in compliance with the requirements of
IMO Conventions, Codes and other instruments.

IMO Conventions, Codes and other instruments


1. Conventions:
SOLAS, MARPOL, Load Lines, Tonnage 69, COLREG 72, AFS 2001, BWM 2004 , etc;
2. Codes:
ISM, ISPS, HSC 1994/2000, IBC/BHC, IGC/GC, MODU, SPS, 2011 ESP, RO Codes, etc; and
3. Other instruments (for updated list of non-mandatory instruments, refer to GISIS Module on
non-mandatory instruments at https://gisis.imo.org/Public/INSTR/Default.aspx ):
o Global and uniform implementation of the Harmonized System of Survey and Certification (HSSC) (resolution
A.883(21));
o Survey guidelines under the Harmonized System on Survey and Certification (HSSC), 2015 (resolution A.1104(29));
o 2014 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI) (MEPC.254(67)), as
amended by MEPC.261(68);
o 2010 Guidelines for survey and certification of anti-fouling systems on ships (MEPC.195(61));
o Interim Survey Guidelines for the purpose of the International Convention for the Control and Management of
Ships’ Ballast Water and Sediments under the Harmonized System of Survey and Certification (BWM.2/Circ.7);
o Surveys and inspections of ro-ro passenger ships (resolution A.794(19));
o Revised Guidelines on the implementation of the international Safety Management (ISM) Code by Administrations
(resolution A.1071(28))
o Interim Guidance on control and compliance measures to enhance maritime security (MSC.159(78)) etc.

5. Describe the powers of a nominated surveyor


A Marine surveyor (including "Yacht & Small Craft Surveyor", "Hull & Machinery Surveyor" and/or "Cargo Surveyor")
is a person who conducts inspections, surveys or examinations of marine vessels to assess, monitor and report on
their condition and the products on them, as well as inspects damage caused to both vessels and cargo. Marine
surveyors also inspect equipment intended for new or existing vessels to ensure compliance with various standards
or specifications. Marine surveys typically include the structure, machinery and equipment (navigational,
safety, radio, etc.) and general condition of a vessel and/or cargo. It also includes judging materials on board and their
condition. Because certifications and subsequently payments are processed only after the surveyor has expressed his
or her satisfaction, a marine surveyor holds a prestigious position and is held with much regard in the shipbuilding
industry. Marine Surveyors are highly qualified and technically sound and are usually selected after thorough
evaluation procedures as vessels ranging from small ferries to enormous crude oil carriers and cruise liners are
approved to sail into the high seas based purely on their judgment, competence and integrity.
Marine surveying is often closely associated with marine insurance, damage and salvage, accident and fraud
investigation as insurers generally lack the training and skills required to perform a detailed assessment of the
condition of a vessel. Marine surveyors are hired on a fee basis by customers seeking insurance directly and maintain
professional autonomy in order to provide an unbiased view. Independent marine surveyors are often employed by
the clients of marine insurers to provide evidence in support of damage claims made against the insurer. Insurance
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 4 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

companies cannot require customers to use specific marine surveyors and risk legal scrutiny and potential recourse if
they impose surveyor requirements
Marine surveyors use many credentials, letters, and terms such as "accredited," "certified," "qualified," "USSA,"
"ACMS," "AMS," "CMS," etc. There are many ways to train to become a marine surveyor including taking
correspondence courses, apprenticing, and/or utilizing prior marine experience. Marine surveyors pursue their
profession independently of required organizations, and there is currently no national or international licensing
requirement for marine surveyors. The U.S. Coast Guard does not approve or certify marine surveyors; however it
adopted Navtech USSA Marine Surveyor practices in the eighties for its inspection standards. [2] All association terms
and initials represent training and certification by private organizations, and the end users of boating seeking to
comply with their insurance company's underwriting process dictates surveyor demand.
6. Describe the procedures which apply if the surveyor finds that the ship does not comply with the provisions or is
in such a condition that it is not fit to proceed to sea without danger to the ship or to persons on board
Regulation 6
Inspection and Survey
(a) The inspection and survey of ships, so far as regards the enforcement of the provisions of the present regulations
and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration
may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations
recognized by it.
(b) An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys as set
forth in paragraph (a) shall as a minimum empower any nominated surveyor or recognized organization to:
(i) require repairs to a ship;
(ii) carry out inspections and surveys if requested by the appropriate authorities of a port state.

The Administration shall notify the Organization of the specific responsibilities and conditions of the authority
delegated to nominated surveyors or recognized organizations.*

* Refer to MSC/Circ.1010 - MEPC/Circ.382 on Communication of information on the authorization of recognized


organizations (ROs), and the information collected via the Global Integrated Shipping Information System (GISIS).

(c) When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment
does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to
sea without danger to the ship, or persons on board, such surveyor or organization shall immediately ensure that
corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the
relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in
the port of another party, the appropriate authorities of the port state shall also be notified immediately. When an
officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate
authorities of the port state, the Government of the port state concerned shall give such officer, surveyor or
organization any necessary assistance to carry out their obligations under this regulation. When applicable, the
Government of the port state concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave
port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.

(d) In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and
survey, and shall undertake to ensure the necessary arrangements to satisfy this obligation.

7. List the surveys to which a passenger ship must be subjected

Regulation 7
Surveys of passenger ships*
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 5 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

* Refer to Surveys and inspections of ro-ro passenger ships (resolution A.794(19), Guidelines for unscheduled
inspections of ro-ro passenger ships by flag States (MSC/Circ.956) and Guidelines for the assessment of technical
provisions for the performance of an in-water survey in lieu of bottom inspection in dry-dock to permit one dry-dock
examination in any five-year period for passenger ships other than ro-ro passenger ships (MSC.1/Circ.1348).

(a) A passenger ship shall be subjected to the surveys specified below:


(i) an initial survey before the ship is put in service;
(ii) a renewal survey once every 12 months, except where regulation 14 (b), (e), (f) and (g) is applicable;
(iii) additional surveys, as occasion arises.

(b) The surveys referred to above shall be carried out as follows:


(i) the initial survey shall include a complete inspection of the ship's structure, machinery and equipment, including
the outside of the ship's bottom and the inside and outside of the boilers. This survey shall be such as to ensure that
the arrangements, materials and scantlings of the structure, boilers and other pressure vessels and their
appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in life-
saving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements,
shipborne navigational equipment, nautical publications, means of embarkation for pilots and other equipment fully
comply with the requirements of the present regulations, and of the laws, decrees, orders and regulations
promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall
also be such as to ensure that the workmanship of all parts of the ship and its equipment is in all respects satisfactory,
and that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required
by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;

(ii) the renewal survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and
equipment, including the outside of the ship's bottom. The survey shall be 6 such as to ensure that the ship, as regards
the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical
installation, radio installations including those used in life-saving appliances, fire protection, fire safety systems and
appliances, life-saving appliances and arrangements, shipborne navigational equipment, nautical publications, means
of embarkation for pilots and other equipment is in satisfactory condition and is fit for the service for which it is
intended, and that it complies with the requirements of the present regulations and of the laws, decrees, orders and
regulations promulgated as a result thereof by the Administration. The lights, shapes, means of making sound signals
and distress signals carried by the ship shall also be subject to the abovementioned survey for the purpose of ensuring
that they comply with the requirements of the present regulations and of the International Regulation for Preventing
Collisions at Sea in force;

(iii) an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting
from investigations prescribed in regulation 11, or whenever any important repairs or renewals are made. The survey
shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and
workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all respects with
the provisions of the present regulation and of the International Regulations for Preventing Collisions at Sea in force,
and of the laws, decrees, orders and regulations promulgated as a result thereof by Administration;

(c)

(i) the laws, decrees, orders and regulations referred to in paragraph (b) of this regulation shall be in all respects such
as to ensure that, from the point of view of safety of life, the ship is fit for the service for which it is intended;

(ii) they shall among other things prescribe the requirements to be observed as to the initial and subsequent hydraulic
or other acceptable alternative tests to which the main and auxiliary boilers, connections, steam pipes, high pressure
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 6 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

receivers and fuel tanks for internal combustion engines are to be submitted including the test procedures to be
followed and the intervals between two consecutive tests.

8. Describe the extent of the surveys of passenger ships

Regulation 7
Surveys of passenger ships

b) The surveys referred to above shall be carried out as follows:


i) the initial survey shall include a complete inspection of the ship's structure, machinery and equipment, including
the outside of the ship's bottom and the inside and outside of the boilers. This survey shall be such as to ensure that
the arrangements, materials and scantlings of the structure, boilers and other pressure vessels and their
appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in life-
saving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements,
shipborne navigational equipment, nautical publications, means of embarkation for pilots and other equipment fully
comply with the requirements of the present regulations, and of the laws, decrees, orders and regulations
promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall
also be such as to ensure that the workmanship of all parts of the ship and its equipment is in all respects satisfactory,
and that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required
by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force

9. Describe the requirements for surveys of life-saving appliances and other equipment of cargo ships, including
mandatory annual surveys

Regulation 8
Surveys of life-saving appliances and other equipment of cargo ships

(a) The life-saving appliances and other equipment of cargo ships of 500 tons gross tonnage and upwards as referred
to in paragraph (b)
(i) shall be subject to the surveys specified below: (i) an initial survey before the ship is put in service; 7
(ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years, except where regulation
14 (b), (e), (f) and (g) is applicable;
(iii) a periodical survey within three months before or after the second anniversary date or within three months before
or after the third anniversary date of the Cargo Ship Safety Equipment Certificate which shall take the place of one of
the annual surveys specified in paragraph (a)
(iv); (iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Equipment
Certificate;
(v) an additional survey as prescribed for passenger ships in regulation 7 (b) (iii).

(b) The surveys referred to in paragraph (a) shall be carried out as follows;

(i) the initial survey shall include a complete inspection of the fire safety systems and appliances, life-saving appliances
and arrangements except radio installations, the shipborne navigational equipment, means of embarkation for pilots
and other equipment to which chapters II-1, II-2, III and V apply to ensure that they comply with the requirements of
the present regulations, are in satisfactory condition and are fit for the service for which the ship is intended. The fire
control plans, nautical publications, lights, shapes, means of making sound signals and distress signals shall also be
subject to the above-mentioned survey for the purpose of ensuring that they comply with the requirements of the
present regulations and, where applicable, the International Regulations for Preventing Collisions at Sea in force*;

* Refer to the Record of approved cargo ship safety equipment(SLS.14/Circ.1)


Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 7 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(ii) the renewal and periodical surveys shall include an inspection of the equipment referred to in paragraph (b) (i) to
ensure that it complies with the relevant requirements of the present regulations and the International Regulations
for Preventing Collisions at Sea in force, is in satisfactory condition and is fit for the service for which the ship is
intended;

(iii) the annual survey shall include a general inspection of the equipment referred to in paragraph (b) (i) to ensure
that it has been maintained in accordance with regulation 11 (a) and that it remains satisfactory for the service for
which the ship is intended.

(c) the periodical and annual surveys referred to in paragraphs (a) (iii) and (a) (iv) shall be endorsed on the Cargo Ship
Safety Equipment Certificate.

10. Describe the requirements for surveys of radio and radar installations of cargo ships

Regulation 9
Surveys of radio installations of cargo ships

(a) The radio installations, including those used in life-saving appliances, of cargo ships to which chapters III and IV
apply shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey at intervals specified by the Administration but not exceeding five years, except where regulation
14(b), (e), (f) and (g) is applicable;
(iii) a periodical survey within three months before or after each anniversary date of the Cargo Ship Safety Radio
Certificate;
(iv) an additional survey as prescribed for passenger ships in regulation 7 (b) (iii).

(b) The surveys referred to in paragraph (a) shall be carried out as follows:

(i) the initial survey shall include a complete inspection of the radio installations of cargo ships, including those used
in life-saving appliances, to ensure that they comply with the requirements of the present regulations;

(ii) the renewal and periodical surveys shall include an inspection of the radio installations of cargo ships, including
those used in life-saving appliances, to ensure that they comply with the requirements of the present regulations.

(c) The periodical surveys referred to in paragraph (a) (iii) shall be endorsed on the Cargo Ship Safety Radio Certificate.

11. Describe the requirements for surveys of hull, and their extent, machinery and equipment of cargo ships,
including mandatory annual surveys

Regulation 10
Surveys of structure, machinery and equipment of cargo ships*

* Refer to Guidelines for bulk carrier hatch cover surveys and owner's inspections and maintenance (MSC/Circ.1071)

(a) The structure, machinery and equipment (other than items in respect of which a Cargo Ship Safety Equipment
Certificate and a Cargo Ship Safety Radio Certificate are issued) of a cargo ship as referred to in paragraph (b) (i) shall
be subject to the surveys and inspections specified below:

(i) an initial survey including an inspection of the outside of the ship's bottom before the ship is put in service*;
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 8 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

* Refer to the circular concerning inspection of the outside of the ship's bottom (PSLS.2/Circ.5).

(ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years, except where regulation
14 (b), (e), (f) and (g) is applicable;
(iii) an intermediate survey within three months before or after the second anniversary date or within three months
before or after the third anniversary date of the Cargo Ship Safety Construction Certificate, which shall take the place
of one of the annual surveys specified in
paragraph (a) (iv);
(iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Construction
Certificate;
(v) a minimum of two inspections of the outside of the ship's bottom during any five-year period, except where
regulation 14 (e) or (f) is applicable. Where regulation 14 (e) or (f) is applicable, this five-year period may be extended
to coincide with the extended period of validity of the certificate.
In all cases the interval between any two such inspections shall not exceed 36 months;
(v)* a minimum of two inspections of the outside of the ship’s bottom during the five-year period of validity of the
Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate, except where regulation 14(e) or 14(f)
is applicable. Where regulation 14(e) or 14(f) is applicable, this five year period may be extended to coincide with the
extended period of validity of the certificate. In all cases the interval between any two such inspections shall not
exceed 36 months; ( Adopted by Res.MSC.204(81))
* Adopted by Res.MSC.204(81) and to be entered into force six months after the date on which is deemed to have
been accepted by two thirds of the Parties to the Protocol.
(vi) an additional survey as prescribed for passenger ships in regulation 7 (b) (iii).
(b) The surveys and inspections referred to in paragraph (a) shall be carried out as follows;
(i) the initial survey shall include a complete inspection of the structure, machinery and equipment.
This survey shall be such as to ensure that the arrangements, materials, scantlings and workmanship of the structure,
boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and
associated control systems, electrical installation and other equipment comply with the requirements of the present
regulations, are in satisfactory condition and are fit for the service for which the ship is intended and that the required
stability information is provided. In the case of tankers such a survey shall also include an inspection of the pump-
rooms, cargo, bunker and ventilation piping systems and associated safety devices;
(ii) the renewal survey shall include an inspection of the structure, machinery and equipment as referred to in
paragraph (b) (i) to ensure that they comply with the requirements of the present regulations, are in satisfactory
condition and are fit for the service for which the ship is intended;

(c) The intermediate and annual surveys and the inspections of the outside of the ship's bottom referred to in
paragraphs (a) (iii), (a) (iv) and (a) (v) shall be endorsed on the Cargo Ship Safety Construction Certificate.

12. Describe the extent of the surveys of hull, machinery and other equipment of cargo ships

Regulation 10
Surveys of hull, machinery and equipment of cargo ships

The hull, machinery and equipment (other than items in respect of which Cargo Ship Safety Equipment Certificates,
Cargo Ship Safety Radiotelegraphy Certificates or Cargo Ship Safety Radiotelephony Certificates are issued) of a cargo
ship shall be surveyed on completion and thereafter in such manner and at such intervals as the Administration may
consider necessary in order to ensure that their condition is in all respects satisfactory. The survey shall be such as to
ensure that the arrangements, material, and scantlings of the structure, boilers and other pressure vessels and their
appurtenances, main and auxiliary machinery, electrical installations and other equipment are in all respects
satisfactory for the service for which the ship is intended.
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 9 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

13. State that the condition of the ship and its equipment must be maintained to conform with the provisions of
the regulations

Regulation 11 - Maintenance of conditions after survey

(a). The condition of the ship and its equipment shall be maintained to conform with the provisions of the present
regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or
persons on board.

(b). After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the
structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the
Administration.

(c). Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or
the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall
report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization
responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a
survey, as required by regulations 7, 8, 9 or 10, is necessary. If the ship is in a port of another Contracting Government,
the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated
surveyor or recognized organization shall ascertain that such a report has been made.

14. State that after any survey of a ship required by SOLAS, no change should be made in the structural
arrangements, machinery, equipment or other items covered by the survey without the sanction of the
Administration

Regulation 11 - Maintenance of conditions after survey

(a). The condition of the ship and its equipment shall be maintained to conform with the provisions of the present
regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or
persons on board.

(b). After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the
structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the
Administration.

(c). Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or
the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall
report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization
responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a
survey, as required by regulations 7, 8, 9 or 10, is necessary. If the ship is in a port of another Contracting Government,
the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated
surveyor or recognized organization shall ascertain that such a report has been made.

15. State that any accident to a ship or defect affecting the safety of the ship or the efficiency or completeness of
the life-saving appliances or equipment should be reported to the Administration or organization responsible for
issuing the relevant certificate, who will decide whether a survey is required

(c). Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or
the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 10 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization
responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a
survey, as required by regulations 7, 8, 9 or 10, is necessary. If the ship is in a port of another Contracting Government,
the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated
surveyor or recognized organization shall ascertain that such a report has been made.

16. List the surveys and their extent to which a passenger ship must be subjected

Regulation 7 - Surveys of passenger ships

(a). A passenger ship shall be subject to the surveys specified below:

(i). an initial survey before the ship is put in service;

(ii). a renewal survey once every 12 months, except where regulation 14(b), (e), (f) and (g) is applicable;

(iii). additional surveys, as occasion arises.

(b). The surveys referred to above shall be carried out as follows:

(i). the initial survey shall include a complete inspection of the ship’s structure, machinery and equipment, including
the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure that
the arrangements, materials and scantlings of the structure, boilers and other pressure vessels and their
appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in life-
saving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements,
shipborne navigational equipment, nautical publications, means of embarkation for pilots and other equipment fully
comply with the requirements of the present regulations, and of the laws, decrees, orders and regulations
promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall
also be such as to ensure that the workmanship of all parts of the ship and its equipment is in all respects satisfactory,
and that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required
by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;

(ii). the renewal survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and
equipment, including the outside of the ship’s bottom. The survey shall be such as to ensure that the ship, as regards
the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical
installation, radio installations including those used in life-saving appliances, fire protection, fire safety systems and
appliances, lifesaving appliances and arrangements, shipborne navigational equipment, nautical publications, means
of embarkation for pilots and other equipment is in satisfactory condition and is fit for the service for which it is
intended, and that it complies with the requirements of the present regulations and of the laws, decrees, orders and
regulations promulgated as a result thereof by the Administration. The lights, shapes, means of making sound signals
and distress signals carried by the ship shall also be subject to the above-mentioned survey for the purpose of ensuring
that they comply with the requirements of the present regulations and of the International Regulations for Preventing
Collisions at Sea in force;

(iii). an additional survey either general or partial, according to the circumstances, shall be made after a repair
resulting from investigations prescribed in regulation 11, or whenever any important repairs or renewals are made.
The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the
material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all
respects with the provisions of the present regulations and of the International Regulations for Preventing Collisions
at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration;
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 11 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(c).

(i). the laws, decrees, orders and regulations referred to in paragraph (b) of this regulation shall be in all respects such
as to ensure that, from the point of view of safety of life, the ship is fit for the service for which it is intended;

(ii). they shall among other things prescribe the requirements to be observed as to the initial and subsequent hydraulic
or other acceptable alternative tests to which the main and auxiliary boilers, connections, steam pipes, high pressure
receivers and fuel tanks for internal combustion engines are to be submitted including the test procedures to be
followed and the intervals between two consecutive tests.

17. State that an accident or defect should also be immediately reported, by the master or owner, to the
appropriate authorities of the port State when the ship is in a port of another Party to the SOLAS Convention

Regulation 11 - Maintenance of conditions after survey

(a). The condition of the ship and its equipment shall be maintained to conform with the provisions of the present
regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or
persons on board.

(b). After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the
structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the
Administration.

(c). Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or
the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall
report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization
responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a
survey, as required by regulations 7, 8, 9 or 10, is necessary. If the ship is in a port of another Contracting Government,
the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated
surveyor or recognized organization shall ascertain that such a report has been made.

Contracting Government means any Government which has deposited an instrument of ratification or has given
notice of adherence to this Convention.

Contracting Government means the Government of a State which is a party to the 1966 Convention or to the 1988
Protocol;

Contracting Government means the government of a state which is Party to the International Convention for the
Safety of Life at Sea, (SOLAS), 1974, as amended;

18. List the certificates, including attachments and supplements, where appropriate, issued after survey to ships
satisfying the requirements of SOLAS

Certificates and documents required to be carried on board ships*


(Note: All certificates to be carried on board must be originals)

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 12 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

1 All ships

International Tonnage Certificate (1969)


An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnage of which have
been determined in accordance with the Convention.

International Load Line Certificate


An International Load Line Certificate shall be issued under the provisions of the International Convention on
Load Lines, 1966, to every ship which has been surveyed and marked in accordance with the Convention or the
Convention as modified by the 1988 LL Protocol, as appropriate.

International Load Line Exemption Certificate


An International Load Line Exemption Certificate shall be issued to any ship to which an exemption has been
granted under and in accordance with article 6 of the Load Line Convention or the Convention as modified by the
1988 LL Protocol, as appropriate.

Intact stability booklet


Every passenger ship regardless of size and every cargo ship of 24 metres and over shall be inclined on completion
and the elements of their stability determined. The master shall be supplied with a Stability Booklet containing such
information as is necessary to enable him, by rapid and simple procedures, to obtain accurate guidance as to the
stability of the ship under varying conditions of loading. For bulk carriers, the information required in a bulk carrier
booklet may be contained in the stability booklet.

Damage control plans and booklets


On passenger and cargo ships, there shall be permanently exhibited plans showing clearly for each deck and hold the
boundaries of the watertight compartments, the openings therein with the means of closure and position of any
controls thereof, and the arrangements for the correction of any list due to flooding. Booklets containing the
aforementioned information shall be made available to the officers of the ship.

Minimum safe manning document


Every ship to which chapter I of the Convention applies shall be provided with an appropriate safe manning document
or equivalent issued by the Administration as evidence of the minimum safe manning.

Fire safety training manual


A training manual shall be written in the working language of the ship and shall be provided in each crew mess room
and recreation room or in each crew cabin. The manual shall contain the instructions and information required in
regulation II-2/ 15.2.3.4. Part of such information may be provided in the form of audio-visual aids in lieu of the
manual.

Fire Control plan/booklet


General arrangement plans shall be permanently exhibited for the guidance of the ship's officers, showing clearly for
each deck the control stations, the various fire sections together with particulars of the fire detection and fire alarm
systems and the fire extinguishing appliances etc. Alternatively, at the discretion of the Administration, the
aforementioned details may be set out in a booklet, a copy of which shall be supplied to each officer, and one copy
shall at all times be available on board in an accessible position. Plans and booklets shall be kept up to date; any
alterations shall be recorded as soon as practicable. A duplicate set of fire control plans or a booklet containing such
plans shall be permanently stored in a prominently marked weather tight enclosure outside the deckhouse for the
assistance of shore-side fire-fighting personnel.

On board training and drills record


Fire drills shall be conducted and recorded in accordance with the provisions of regulations III/19.3 and III/19.5.
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 13 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Fire safety operational booklet


The fire safety operational booklet shall contain the necessary information and instructions for the safe operation of
the ship and cargo handling operations in relation to fire safety. The booklet shall be written in the working language
of the ship and be provided in each crew mess room and recreation room or in each crew cabin. The booklet may be
combined with the fire safety training manuals required in regulation II-2/15.2.3.

Certificates for masters, officers or ratings


Certificates for masters, officers or ratings shall be issued to those candidates who, to the satisfaction of the
Administration, meet the requirements for service, age, medical fitness, training, qualifications and examinations in
accordance with the provisions of the STCW Code annexed to the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978. Formats of certificates are given in section A-I/2 of the STCW
Code. Certificates must be kept available in their original form on board the ships on which the holder is serving.

International Oil Pollution Prevention Certificate


An International Oil Pollution Prevention Certificate shall be issued, after survey in accordance with regulation 4 of
Annex I of MARPOL 73/78, to any oil tanker of 150 gross tonnages and above and any other ship of 400 gross tonnages
and above which is engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to
MARPOL 73/78. The certificate is supplemented with a Record of Construction and Equipment for Ships other than
Oil Tankers (Form A) or a Record of Construction and Equipment for Oil Tankers (Form B), as appropriate.

Oil Record Book


Every oil tanker of 150 gross tonnages and above and every ship of 400 gross tonnages and above other than an oil
tanker shall be provided with an Oil Record Book, Part I (Machinery space operations). Every oil tanker of 150 gross
tonnages and above shall also be provided with an Oil Record Book, Part II (Cargo/ballast operations).

Shipboard Oil Pollution Emergency Plan


Every oil tanker of 150 gross tonnages and above and every ship other than an oil tanker of 400 gross tonnages and
above shall carry on board a Shipboard Oil Pollution Emergency Plan approved by the Administration.

International Sewage Pollution Prevention Certificate


An International Sewage Pollution Prevention Certificate shall be issued, after an initial or renewal survey in
accordance with the provisions of regulation 4 of Annex IV of MARPOL 73/78, to any ship which is required to comply
with the provisions of that Annex and is engaged in voyages to ports or offshore terminals under the jurisdiction of
other Parties to the Convention.

Garbage Management Plan


Every ship of 400 gross tonnages and above and every ship which is certified to carry 15 persons or more shall carry a
garbage management plan which the crew shall follow.

Garbage Record Book


Every ship of 400 gross tonnages and above and every ship which is certified to carry 15 persons or more engaged in
voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention and every fixed and
floating platform engaged in exploration and exploitation of the sea-bed shall be provided with a Garbage Record
Book.

Voyage data recorder system - certificate of compliance


The voyage data recorder system, including all sensors, shall be subjected to an annual performance test. The test
shall be conducted by an approved testing or servicing facility to verify the accuracy, duration and recoverability of
the recorded data. In addition, tests and inspections shall be conducted to determine the serviceability of all

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 14 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

protective enclosures and devices fitted to aid location. A copy of the certificate of compliance issued by the testing
facility, stating the date of compliance and the applicable performance standards, shall be retained on board the ship.

Cargo Securing Manual


All cargoes, other than solid and liquid bulk cargoes, cargo units and cargo transport units, shall be loaded, stowed
and secured throughout the voyage in accordance with the Cargo Securing Manual approved by the Administration.
In ships with ro-ro spaces, as defined in regulation II-2/3.41, all securing of such cargoes, cargo units and cargo
transport units, in accordance with the Cargo Securing Manual, shall be completed before the ship leaves the berth.
The Cargo Securing Manual is required on all types of ships engaged in the carriage of all cargoes other than solid and
liquid bulk cargoes, which shall be drawn up to a standard at least equivalent to the guidelines developed by the
Organization.

Document of Compliance
A document of compliance shall be issued to every company which complies with the requirements of the ISM Code.
A copy of the document shall be kept on board.

Safety Management Certificate


A Safety Management Certificate shall be issued to every ship by the Administration or an organization recognized by
the Administration. The Administration or an organization recognized by it shall, before issuing the Safety
Management Certificate, verify that the company and its shipboard management operate in accordance with the
approved safety management system.

International Ship Security Certificate (ISSC) or Interim International Ship Security Certificate
An International Ship Security Certificate (ISSC) shall be issued to every ship by the Administration or an organization
recognized by it to verify that the ship complies with the maritime security provisions of SOLAS chapter XI-2 and part
A of the ISPS Code. An interim ISSC may be issued under the ISPS Code part A, section 19.4.

Ship Security Plan and associated records


Each ship shall carry on board a ship security plan approved by the Administration. The plan shall make provisions for
the three security levels as defined in part A of the ISPS Code. Records of the following activities addressed in the ship
security plan shall be kept on board for at least the minimum period specified by the Administration:
.1 training, drills and exercises;
.2 security threats and security incidents;
.3 breaches of security;
.4 changes in security level;
.5 communications relating to the direct security of the ship such as specific threats to the ship or to port facilities the
ship is, or has been, in;
.6 internal audits and reviews of security activities;
.7 periodic review of the ship security assessment; .8 periodic review of the ship security plan;
.9 implementation of any amendments to the plan; and
.10 maintenance, calibration and testing of any security equipment provided on board, including testing of the ship
security alert system.

Continuous Synopsis Record (CSR)


Every ship to which chapter I of the Convention applies shall be issued with a Continuous Synop s i s Record. The
Continuous Synopsis Record provides an onboard record of the history of the ship with respect to the information
recorded therein.

2 In addition to the certificates listed in section 1 above, passenger ships shall carry:

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 15 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Passenger Ship Safety Certificate**


A certificate called a Passenger Ship Safety Certificate shall be issued after inspection and survey to a passenger ship
which complies with the requirements of chapters II-1, II-2, III and IV and any other relevant requirements of SOLAS
1974. A Record of Equipment for the Passenger Ship Safety Certificate (Form P) shall be permanently attached.
Exemption Certificate***
When an exemption is granted to a ship under and in accordance with the provisions of SOLAS 1974, a certificate
called an Exemption Certificate shall be issued in addition to the certificates listed above.

Special Trade Passenger Ship Safety Certificate, Special Trade Passenger Ship Space Certificate
A Special Trade Passenger Ship Safety Certificate issued under the provisions of the Special Trade Passenger Ships
Agreement, 1971.
A certificate called a Special Trade Passenger Ship Space Certificate shall be issued under the provisions of the Protocol
on Space Requirements for Special Trade Passenger Ships, 1973.
Search and rescue co-operation plan
Passenger ships to which chapter I of the Convention applies shall have on board a plan for co-operation with
appropriate search and rescue services in event of an emergency.

List of operational limitations


Passenger ships to which chapter I of the Convention applies shall keep on board a list of all limitations on the
operation of the ship, including exemptions from any of the SOLAS, regulations, restrictions in operating areas,
weather restrictions, sea state restrictions, restrictions in permissible loads, trim, speed and any other limitations,
whether imposed by the Administration or established during the design or the building stages.
Decision support system for masters
In all passenger ships, a decision support system for emergency management shall be provided on the navigation
bridge.

3 In addition to the certificates listed in section 1 above, cargo ships shall carry:

Cargo Ship Safety Construction Certificate


A certificate called a Cargo Ship Safety Construction Certificate shall be issued after survey to a cargo ship of 500 gross
tonnages and over which satisfies the requirements for cargo ships on survey, set out in regulation I/10 of SOLAS
1974, and complies with the applicable requirements of chapters II-1 and II-2, other than those relating to fire
extinguishing appliances and fire control plans.

Cargo Ship Safety Equipment Certificate


A certificate called a Cargo Ship Safety Equipment Certificate shall be issued after survey to a cargo ship of 500 gross
tonnages and over which complies with the relevant requirements of chapters II-1 and II-2 and III and any other
relevant requirements of SOLAS 1974. A Record of Equipment for the Cargo Ship Safety Equipment Certificate (Form
E) shall be permanently attached.

Cargo Ship Safety Radio Certificate


A certificate called a Cargo Ship Safety Radio Certificate shall be issued after survey to a cargo ship of 300 gross
tonnage and over, fitted with a radio installation, including those used in life-saving appliances, which complies with
the requirements of chapters III and IV and any other relevant requirements of SOLAS 1974. A Record of Equipment
for the Cargo Ship Safety Radio Certificate (Form R) shall be permanently attached.

Cargo Ship Safety Certificate


A certificate called a Cargo Ship Safety Certificate may be issued after survey to a cargo ship which complies with the
relevant requirements of chapters II-1, II-2, III, IV and V and other relevant requirements of SOLAS 1974 as modified

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 16 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

by the 1988 SOLAS Protocol, as an alternative to the above cargo ship safety certificates. A Record of Equipment for
the Cargo Ship Safety Certificate (Form C) shall be permanently attached.
Exemption Certificate##
When an exemption is granted to a ship under and in accordance with the provisions of SOLAS 1974, a certificate
called an Exemption Certificate shall be issued in addition to the certificates listed above.

Document of authorization for the carriage of grain


A document of authorization shall be issued for every ship loaded in accordance with the regulations of the
International Code for the Safe Carriage of Grain in Bulk either by the Administration or an organization recognized
by it or by a Contracting Government on behalf of the Administration. The document shall accompany or be
incorporated into the grain loading manual provided to enable the master to meet the stability requirements of the
Code.

Certificate of insurance or other financial security in respect of civil liability for oil pollution damage
A certificate attesting that insurance or other financial security is in force shall be issued to each ship carrying more
than 2,000 tons of oil in bulk as cargo. It shall be issued or certified by the appropriate authority of the State of the
ship's registry after determining that the requirements of article VII, paragraph 1, of the CLC Convention have been
complied with.
Certificate of insurance or other financial security in respect of civil liability for oil pollution damage
A certificate attesting that insurance or other financial security is in force in accordance with the provisions of the
1992 CLC Convention shall be issued to each ship carrying more than 2,000 tons of oil in bulk as cargo after the
appropriate authority of a Contracting State has determined that the requirements of article VII, paragraph 1 of the
Convention have been complied with. With respect to a ship registered in a Contracting State, such certificate shall
be issued by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a
Contracting State, it may be issued or certified by the appropriate authority of any Contracting State.
Enhanced survey report file
Bulk carriers and oil tankers shall have a survey report file and supporting documents complying with paragraphs 6.2
and 6.3 of annex A and annex B of resolution A.744(18) - Guidelines on the enhanced programme of inspections during
surveys of bulk carriers and oil tankers.
Record of oil discharge monitoring and control system for the last ballast voyage
Subject to provisions of paragraphs (4), (5), (6) and (7) of regulation 15 of Annex I of MARPOL 73/78, every oil tanker
of 150 gross tonnage and above shall be fitted with an oil discharge monitoring and control system approved by the
Administration. The system shall be fitted with a recording device to provide a continuous record of the discharge in
liters per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be
identifiable as to time and date and shall be kept for at least three years.

Cargo Information
The shipper shall provide the master or his representative with appropriate information, confirmed in writing, on the
cargo, in advance of loading. In bulk carriers, the density of the cargo shall be provided in the above information.

Bulk Carrier Booklet


To enable the master to prevent excessive stress in the ship's structure, the ship loading and unloading solid bulk
cargoes shall be provided with a booklet referred to in SOLAS regulation VI/7.2. The booklet shall be endorsed by the
Administration or on its behalf to indicate that SOLAS regulations XII/ 4, 5, 6 and 7, as appropriate, are complied with.
As an alternative to a separate booklet, the required information may be contained in the intact stability booklet.

Dedicated Clean Ballast Tank Operation Manual


Every oil tanker operating with dedicated clean ballast tanks in accordance with the provisions of regulation 13(10) of
Annex I of MARPOL 73/78 shall be provided with a Dedicated Clean Ballast Tank Operation Manual detailing the
system and specifying operational procedures. Such a Manual shall be to the satisfaction of the Administration and
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 17 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

shall contain all the information set out in the Specifications referred to in paragraph 2 of regulation 13A of Annex I
of MARPOL 73/78.

Crude Oil Washing Operation and Equipment Manual (COW Manual)


Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual
detailing the system and equipment and specifying operational procedures. Such a Manual shall be to the satisfaction
of the Administration and shall contain all the information set out in the specifications referred to in paragraph 2 of
regulation 13B of Annex I of MARPOL 73/78.
Condition Assessment Scheme (CAS) Statement of Compliance, CAS Final Report and Review Record
A Statement of Compliance shall be issued by the Administration to every oil tanker which has been surveyed in
accordance with the requirements of the Condition Assessment Scheme (CAS) (resolution MEPC.94(46), as amended)
and found to be in compliance with these requirements. In addition, a copy of the CAS Final Report which was
reviewed by the Administration for the issue of the Statement of Compliance and a copy of the relevant Review Record
shall be placed on board to accompany the Statement of Compliance.
Hydrostatically Balanced Loading (HBL) Operational Manual
Every oil tanker which, in compliance with regulation 13G(6)(b) , operates with Hydrostatically Balanced Loading shall
be provided with an operational manual in accordance with resolution MEPC.64(36).
Oil Discharge Monitoring and Control (ODMC) Operational Manual
Every oil tanker fitted with an Oil Discharge Monitoring and Control system shall be provided with instructions as to
the operation of the system in accordance with an operational manual approved by the Administration.
Subdivision and stability information
Every oil tanker to which regulation 25 of Annex I of MARPOL 73/78 applies shall be provided in an approved form
with information relative to loading and distribution of cargo necessary to ensure compliance with the provisions of
this regulation and data on the ability of the ship to comply with damage stability criteria as determined by this
regulation.

4 In addition to the certificates listed in sections 1 and 3 above, where appropriate, any ship carrying noxious liquid
chemical substances in bulk shall carry:

International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS Certificate)
An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS Certificate)
shall be issued, after survey in accordance with the provisions of regulation 10 of Annex II of MARPOL 73/78, to any
ship carrying noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the
jurisdiction of other Parties to MARPOL 73/78. In respect of chemical tankers, the Certificate of Fitness for the Carriage
of Dangerous Chemicals in Bulk and the International Certificate of Fitness for the Carriage of Dangerous Chemicals
in Bulk, issued under the provisions of the Bulk Chemical Code and International Bulk Chemical Code, respectively,
shall have the same force and receive the same recognition as the NLS Certificate.
Cargo record book
Every ship to which Annex II of MARPOL 73/78 applies shall be provided with a Cargo Record Book, whether as part
of the ship's official log book or otherwise, in the form specified in appendix IV to the Annex.
Procedures and Arrangements Manual (P & A Manual)
Every ship certified to carry noxious liquid substances in bulk shall have on board a Procedures and Arrangements
Manual approved by the Administration.
Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances
Every ship of 150 gross tonnage and above certified to carry noxious liquid substances in bulk shall carry on board a
shipboard marine pollution emergency plan for noxious liquid substances approved by the Administration.

5 In addition to the certificates listed in sections 1 and 3 above, where applicable, any chemical tanker shall carry:

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 18 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk


A certificate called a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the model form of which
is set out in the appendix to the Bulk Chemical Code, should be issued after an initial or periodical survey to a chemical
tanker engaged in international voyages which complies with the relevant requirements of the Code.
Note: The Code is mandatory under Annex II of MARPOL 73/78 for chemical tankers constructed before 1 July 1986.
or
International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk
A certificate called an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the model
form of which is set out in the appendix to the International Bulk Chemical Code, should be issued after an initial or
periodical survey to a chemical tanker engaged in international voyages which complies with the relevant
requirements of the Code.
Note: The Code is mandatory under both chapter VII of SOLAS 1974 and Annex II of MARPOL 73/78 for chemical
tankers constructed on or after 1 July 1986.

6 In addition to the certificates listed in sections 1 and 3 above, where applicable, any gas carrier shall carry:

Certificate of Fitness for the Carriage of Liquefied Gases in Bulk


A certificate called a Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form of which is set
out in the appendix to the Gas Carrier Code, should be issued after an initial or periodical survey to a gas carrier which
complies with the relevant requirements of the Code.
International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk
A certificate called an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form
of which is set out in the appendix to the International Gas Carrier Code, should be issued after an initial or periodical
survey to a gas carrier which complies with the relevant requirements of the Code.
Note: The Code is mandatory under chapter VII of SOLAS 1974 for gas carriers constructed on or after July 1986.

7 In addition to the certificates listed in sections 1, and 2 or 3 above, where applicable, any high-speed craft shall
carry:

High-Speed Craft Safety Certificate


A certificate called a High-Speed Craft Safety Certificate shall be issued after completion of an initial or renewal survey
to a craft which complies with the requirements of the 1994 HSC Code or the 2000 HSC Code, as appropriate.
Permit to Operate High-Speed Craft
A certificate called a Permit to Operate High- Speed Craft shall be issued to a craft which complies with the
requirements set out in paragraphs 1.2.2 to 1.2.7 of the 1994 HSC Code or the 2000 HSC Code, as appropriate.

8 In addition to the certificates listed in sections 1, and 2 or 3 above, where applicable, any ship carrying dangerous
goods shall carry:

Document of compliance with the special requirements for ships carrying dangerous goods
The Administration shall provide the ship with an appropriate document as evidence of compliance of construction
and equipment with the requirements of regulation II-2/19 of SOLAS 1974. Certification for dangerous goods, except
solid dangerous goods in bulk, is not required for those cargoes specified as class 6.2 and 7 and dangerous goods in
limited quantities.

9 In addition to the certificates listed in sections 1, and 2 or 3 above, where applicable, any ship carrying dangerous
goods in packaged form shall carry:

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 19 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Dangerous goods manifest or stowage plan


Each ship carrying dangerous goods in packaged form shall have a special list or manifest setting forth, in accordance
with the classification set out in the IMDG Code, the dangerous goods on board and the location thereof. Each ship
carrying dangerous goods in solid form in bulk shall have a list or manifest setting forth the dangerous goods on board
and the location thereof. A detailed stowage plan, which identifies by class and sets out the location of all dangerous
goods on board, may be used in place of such a special list or manifest. A copy of one of these documents shall be
made available before departure to the person or organization designated by the port State authority.

10 In addition to the certificates listed in sections 1, and 2 or 3 above, where applicable, any ship carrying INF cargo
shall carry:

International Certificate of Fitness for the Carriage of INF Cargo


A ship carrying INF cargo shall comply with the requirements of the International Code for the Safe Carriage of
Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) in addition
to any other applicable requirements of the SOLAS regulations and shall be surveyed and be provided with the
International Certificate of Fitness for the Carriage of INF Cargo.

11 In addition to the certificates listed in sections 1, and 2 or 3 above, where applicable, any Nuclear Ship shall carry:

A Nuclear Cargo Ship Safety Certificate or Nuclear Passenger Ship Safety Certificate, in place of the Cargo Ship Safety
Certificate or Passenger Ship Safety Certificate, as appropriate.
Every Nuclear powered ship shall be issued with the certificate required by SOLAS chapter VIII.

Other certificates and documents which are not mandatory

Special purpose ships


Special Purpose Ship Safety Certificate
In addition to SOLAS certificates as specified in paragraph 7 of the Preamble of the Code of Safety for Special Purpose
Ships, a Special Purpose Ship Safety Certificate should be issued after survey in accordance with the provisions of
paragraph 1.6 of the Code for Special Purpose Ships. The duration and validity of the certificate should be governed
by the respective provisions for cargo ships in SOLAS 1974. If a certificate is issued for a special purpose ship of less
than 500 gross tonnages, this certificate should indicate to what extent relaxations in accordance with 1.2 were
accepted.

Offshore support vessels


Certificate of Fitness for Offshore Support Vessels
When carrying such cargoes, offshore support vessels should carry a Certificate of Fitness issued under the ''Guidelines
for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore
Support Vessels''. If an offshore support vessel carries only noxious liquid substances, a suitably endorsed
International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk may be issued
instead of the above Certificate of Fitness.

Diving systems
Diving System Safety Certificate
A certificate should be issued either by the Administration or any person or organization duly authorized by it after
survey or inspection to a diving system which complies with the requirements of the Code of Safety for Diving Systems.
In every case, the Administration should assume full responsibility for the certificate.

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 20 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Dynamically supported craft


Dynamically Supported Craft Construction and Equipment Certificate
To be issued after survey carried out in accordance with paragraph 1.5.1(a) of the Code of Safety for Dynamically
Supported Craft.

Mobile offshore drilling units


Mobile Offshore Drilling Unit Safety Certificate
To be issued after survey carried out in accordance with the provisions of the Code for the Construction and
Equipment of Mobile Offshore Drilling Units, 1979, or, for units constructed on or after 1 May 1991, the Code for the
Construction and Equipment of Drilling Units, 1989.

Wing-In-Ground (WIG) Craft


Wing-in-ground Craft Safety Certificate
A certificate called a WIG Craft Safety Certificate should be issued after completion of an initial or renewal survey to
a craft which complies with the provisions of the Interim Guidelines for WIG craft.
Permit to Operate WIG Craft
A permit to operate should be issued by the Administration to certify compliance with the provisions of the Interim
Guidelines for WIG craft.

Noise levels
Noise Survey Report
A noise survey report should be made for each ship in accordance with the Code on Noise Levels on Board Ships.

EVALUATE

1. Under SOLAS, 1974 to what ship does Part A - Regulation 1 applies?


2. What do mean by International voyage?
3. How many passengers does a vessel have before she can be called a passenger ship?
4. What is the reason why all ships must be surveyed and verified?
5. Marine surveyors also inspect equipment intended for new or existing vessels, what will they want to ensure?
6. A nominated surveyor or recognized organization have determined that the condition of the ship or its equipment
does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to
sea without danger to the ship, or persons on board, what will such surveyor or organization do?
7. What encompasses the initial survey of a passenger ship?
8. In the Initial Survey of a passenger vessel before it is put in service, surveyors shall also be such as to ensure that it
meets the workmanship required. What are these workmanship?
9. A periodical survey within three months before or after the second anniversary date or within three months before
or after the third anniversary date of a certificate shall take the place of one of the annual surveys specified in
paragraph (a). What certificate it is?
10. A surveys of radio installations of cargo ships before it is put in service.
What other appliances are included to ensure that they comply with the requirements of the present regulations?
11. A minimum of two inspections of the outside of the ship's bottom during any five-year period, except where
regulation 14 (e) or (f) is applicable. Where regulation 14 (e) or (f) is applicable, this five-year period may be extended
to coincide with the extended period of validity of the certificate.
How many months’ interval in all cases between any two such inspections?
12. The hull, machinery and equipment (other than items in respect of which Cargo Ship Safety Equipment Certificates,
Cargo Ship Safety Radiotelegraphy Certificates or Cargo Ship Safety Radiotelephony Certificates are issued) of a cargo
ship shall be surveyed on completion and thereafter in such manner and at such intervals as the Administration may

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 21 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

consider necessary in order to ensure that their condition is in all respects satisfactory. What shall the surveyor be
made to ensure of?
13. The condition of the ship and its equipment shall be maintained to conform with the provisions of the present
regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or
persons on board. What shall not be done after any survey of the ship under regulations 7, 8, 9 or 10 has been
completed?
14. Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or
the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall
report at the earliest opportunity to the Administration. When the vessel is in port to whom shall the master or owner
shall report?
15. Any accident to a ship or defect affecting the safety of the ship or the efficiency or completeness of the life-saving
appliances or equipment should be reported to the Administration. Who will decide whether a survey is required?
16. A passenger ship shall be subject to the surveys specified below:
(i). an initial survey before the ship is put in service;
(ii). a renewal survey once every 12 months, except where regulation 14(b), (e), (f) and (g) is applicable;
(iii). additional surveys, as occasion arises.
What surveys as referred to above shall be carried out?
17. If the ship is in a port of another Contracting Government, the master or owner shall also report immediately to
the appropriate e authorities of the port State and the nominated surveyor or recognized organization shall ascertain
that such a report has been made. Who is this Contracting Government?
18. It is a certificate issued to any ship to which an exemption has been granted under and in accordance with article
6 of the Load Line Convention or the Convention as modified by the 1988 LL Protocol, as appropriate. What is this
certificate?

Quiz will be uploaded in Edmodo.

EXTEND

• Chapter I - General Provisions


Includes regulations concerning the survey of the various types of ships and the issuing of documents, when should a
vessel be engaged on international voyages? Explain.

• An International Ship Security Certificate (ISSC) shall be issued to every ship by the Administration or an organization
recognized by it to verify that the ship complies with the maritime security provisions of SOLAS chapter XI-2 and part
A of the ISPS Code. An interim ISSC may be issued under the ISPS Code Part A, section 19.4. In your opinion, do it need
a plan to be implemented onboard to maximize vessel security? What plan must a vessel have? Explain its provision.

Submit or upload your answers in Edmodo.

References:

• Copyright 2020 International Maritime Organization (IMO) Surveys, Verifications and Certification
• International Convention on Load Lines 1966 - Done at London this fifth day of April 1966.
• From Wikipedia, the free encyclopedia
1. ^ https://dockets.justia.com/docket/florida/flmdce/2:2018cv00416/351247
2. ^ https://www.edumaritime.net/florida/navtech-us-surveyors-association
3. ^ Archived 2016-03-04 at the Wayback Machine
4. ^ "International Institute of Marine Surveying Professional Qualifications".
5. ^ "Marine Industry Experts". Archived from the original on February 20, 2016. Retrieved March
17, 2016.
Form No. BPM2-CME 20 F-009 MGT 312(Module 4)
Rev.03 Page 22 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

6. ^ "Diploma in Marine Surveying at Lloyds Maritime Academy".


7. ^ "Maritime Training Academy Courses | MTA". www.maritimetrainingacademy.com.
Retrieved 2016-03-04.
^ "marine surveyor"
• http://www.marpoltraining.com/MMSKOREAN/MARPOL/AddInfo/10.htm

Revision Status:

MOD MGT 312(4)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 4)


Rev.03 Page 23 of 23
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 5 (WEEK 5)
Chapter 1 (Cont’n) 1.3 Safety International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS) –
General Provisions
TOPIC LEARNING OUTCOMES

The students shall be able to:


1. State the period of validity of each of the certificates
2. State that no Exemption Certificate is valid for longer than the period of validity of the certificate to which it refers
3. State that no extension of the five-year period of validity of the Cargo Ship Safety Construction Certificate is
permitted
4. Explain the circumstances under which other certificates may be extended and states the maximum extension
permitted
5. Describe the circumstances in which certificates cease to be valid
6. State that all certificates or certified copies of them should be posted up in a prominent and accessible place in the
ship
7. State that certificates issued under the authority of a contracting Government should be accepted by other
contracting Governments
8. State that a ship in the port of another Party is subject to control by officers authorized by that Government so far
as verifying that the SOLAS Convention certificates are valid
9. Describe the procedures which may be followed by officers authorized by a port State in exercising control regarding
SOLAS Convention Certificates or Load Line Convention Certificates
10. State that the surveyor should also take into account the requirements of SOLAS reg. V/13 that all ships should be
sufficiently and efficiently manned
11. State that, at the conclusion of a control, the master should be provided with a document giving the results of the
control and details of any action taken
12. State that Parties to the Protocol of 1978 to the SOLAS Convention, 1974, should apply the requirements of the
Convention and Protocol as may be necessary to ensure that no more favourable treatment is given to ships of non-
parties to the Convention and Protocol
13. Define, with reference to chapter 11- 1:
- subdivision load line
- deepest subdivision load line
- length
- breadth
- draught
- bulkhead deck
- margin line
- permeability of a space
- machinery space - passenger spaces

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 1 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

- weathertight

14. Explain what is meant by 'floodable length'


15. Explain what is meant by 'factor of subdivision'
16. Explain the application of the factor of subdivision to a passenger ship's ability to withstand the flooding of adjacent
main compartments
17. Describe the requirements regarding unsymmetrical flooding
18. State that the master should be supplied with suitable information concerning the use of cross-flooding fittings
19. Describe the final conditions of the ship after assumed critical damage
20. State that the master should be supplied with the data necessary to maintain sufficient intact stability under service
conditions to enable the ship to withstand the critical damage
21. State that the conditions of stability on which the calculations of heel are based should be supplied to the master
of the ship
22. State that excessive heeling might result should the ship sustain damage when in a less favorable condition
23. State that water ballast should not in general be carried in tanks intended for oil fuel and describes the arrangement
for ships which cannot avoid putting water in oil fuel tanks
24. Describe the marking of subdivision load lines on passenger ships
25. State that details of the subdivision load lines assigned and the conditions of service for which they are approved
should be clearly indicated on the Passenger Ship Safety Certificate
26. State that a ship should not be loaded so as to submerge the load line mark appropriate to the season and locality,
as determined in accordance with the International Convention on load Lines, whatever the position of the subdivision
load line marks may be
27. State that' a ship should not be loaded so as to submerge the subdivision load line mark appropriate to the particular
voyage and condition of service
28. Classify watertight doors as:
- class 1 - hinged doors
- class 2 - hand-operated sliding doors
1. - class 3 - sliding doors which are power-operated as well as hand operated

ENGAGE

Have you ever pondered why generally in all business the trading certificates have an expiration?

EXPLORE

• Validity of Certificates

Question:
What certificates are required on board in general?

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 2 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• verifying that the certificates issued under regulation 12 or regulation 13 are valid

Question:

Who give an authorization to port state control officers to carry out inspection to every ship when in a port of
another Contracting Government?

EXPLAIN AND ELABORATE


Chapter 1 (Cont’n)

1.3 Safety International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS) – General Provisions

1. State the period of validity of each of the certificates

Lists of certificates satisfying the requirements under SOLAS

 International Ship Safety Equipment Certificate: This certificate verifies the operational readiness of all ship
safety equipment under SOLAS Chapter III. Form E, detailing all safety equipment required to be on board,
must also accompany the certificate. Validity: As specified by the Administration, maximum of 5 years
 Minimum Safe Manning Certificate: This certificate lists the minimum number of onboard crew required to
safely operate a vessel, as established under SOLAS Chapter V. Validity: As specified by the Administration,
maximum of 5 years
 International Ship Construction Certificate: As required by SOLAS Chapter II-1, this certificate verifies safe and
secure ship construction. Various documents must also accompany this certificate, including construction
drawings, damage control plans and a coating technical file, among others. Validity: As specified by the
Administration, maximum of 5 years
 International Ship Safety Radio Certificate: SOLAS Chapter IV requires cargo ships and passenger ships to carry
appropriate radio equipment on international voyages. This certificate verifies a vessel has the necessary
equipment and that it is in good working condition. Validity: As specified by the Administration, maximum of
5 years
 Safety Management Certificate (SMC): This certificate verifies that a ship complies with the International
Safety Management Code, which outlines standards for safe operation and management of vessels while at
sea. The SMC lasts for five years, with verification of compliance performed between the second and third
year.
 International Ship Security Certificate (ISSC): The ISSC verifies that a ship complies with maritime security
regulations outlined in SOLAS Chapter XI-2 and Part A of the International Ship and Port Facility Security Code.
Validity: As specified by the Administration, maximum of 5 years
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 3 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

As of October 2018, the 1974 SOLAS Convention had 165 contracting states, which accounted for over 99 percent of
the global gross tonnage of merchant ships. Therefore, SOLAS certificates are statutory for the vast majority of cargo
ships and other seafaring vessels.

2. State that no Exemption Certificate is valid for longer than the period of validity of the certificate to which it refers

Regulation 12

Issue or endorsement of certificates*

* Refer to resolution A.1073(28) on recommendation on the use of national tonnage in applying international
conventions

(a)
(i) a certificate called a Passenger Ship Safety Certificate shall be issued after an initial or renewal survey to a passenger
ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant
requirements of the present regulations;

(ii) a certificate called a Cargo Ship Safety Construction Certificate** shall be issued after an initial or renewal survey
to a cargo ship which complies with the relevant requirements of chapters II-1 and II-2 (other than those relating to
fire safety systems and appliances and fire control plans) and any other relevant requirements of the present
regulations;

** Refer to the circular concerning issue of supplements and attachments (PSLS.2/Circ.1).

(iii) a certificate called a Cargo Ship Safety Equipment Certificate shall be issued after an initial or renewal survey to a
cargo ship which complies with the relevant requirements of chapters II-1, II2, III and V and any other relevant
requirements of the present regulations;

(iv) a certificate called a Cargo Ship Safety Radio Certificate shall be issued after an initial or renewal survey to a cargo
ship which complies with the relevant requirements of chapter IV and any other relevant requirements of the present
regulations;

(v)
(1) a certificate called a Cargo Ship Safety Certificate may be issued after an initial or renewal survey to a cargo ship
which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements
of the present regulations, as an alternative to the certificates referred to in paragraph (a) (ii), (a) (iii) and (a) (iv);

(2) whenever in this chapter reference is made to a Cargo Ship Safety Construction Certificate, Cargo Ship Safety
Equipment Certificate or Cargo Ship Safety Radio Certificate, it shall apply to a Cargo Ship Safety Certificate, if it is used
as an alternative to these certificates.

(vi) the Passenger Ship Safety Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio
Certificate and the Cargo Ship Safety Certificate, referred to in subparagraphs (i), (iii), (iv) and (v), shall be supplemented
by a Record of Equipment;

(vii) when an exemption is granted to a ship under and in accordance with the provisions of the present regulations, a
certificate called an Exemption Certificate shall be issued in addition to the certificates prescribed in this paragraph;

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 4 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(viii) the certificates referred to in this regulation shall be issued or endorsed either by the Administration or by any
person or organization authorized by it, in every case, that Administration assumes full responsibility for the
certificates.

(b) A Contracting Government shall not issue certificates under, and in accordance with, the provisions of the
International Convention for the Safety of Life at Sea, 1960, 1948 or 1929 after the date on which acceptance of the
present Convention by the Government takes effect.

3. State that no extension of the five-year period of validity of the Cargo Ship Safety Construction Certificate is
permitted

CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE

Legislation: SOLAS 74 as amended by the GMDSS amendments (which amended the 1978 Protocol), and the 1988
Protocol (which entered into force on 3 February 2000).

Application: cargo ships engaged on international voyages (SOLAS 74, Annex, Chapter I, Regulation 1, par. (a) and
Regulation 12, par. (a) (ii)), of 500 tons gross tonnage and above.

Duration and validity:


maximum 5 years (SOLAS 74, Annex, Chapter I, Regulation 14, par. (a)).

The Certificate shall cease to be valid:


- if the relevant surveys and inspections are not completed as prescribed (SOLAS 748, Annex, Chapter I, Regulation 14,
par. (i) (i));
- if the Certificate is not endorsed in accordance with the relevant regulations (SOLAS 74, Annex, Chapter I, Regulation
14, par. (i) (ii));
- upon transfer of the ship to the flag of another State (SOLAS 74, Annex, Chapter I, Regulation 14, par. (i) (iii)).

Extension:

exceptionally, when at the time of expiration of the certificate the ship is not in a port in which it is to be surveyed, the
Administration may extend the period of validity for maximum 3 months to allow the ship to complete its voyage and
only in cases it appears reasonable to do so (SOLAS 74, Annex, Chapter I, Regulation 14, par. (e)).

See also (SOLAS 74, Annex, Chapter I, Regulation 14, par. (b), (e), (f) and (g).

Surveys:

- an initial survey before the ship is put in service (SOLAS 74, Annex, Chapter I, Regulation 10, par. (a) (i));
- a renewal survey not exceeding 5 years, except where SOLAS 74, Annex, Chapter I, Regulation 14, par. (b), (e), (f) and
(g) is applicable (SOLAS 74, Annex, Chapter I, Regulation 10, par. (a) (ii));

- an intermediate survey, within 3 months before or after the second anniversary date or within three months before
or after the third anniversary date of the Cargo Ship Safety Construction Certificate, which shall take the place of one
of the annual surveys (SOLAS 74, Annex, Chapter I, Regulation 10, par. (a) (iii));

- an annual survey within 3 months before of after each anniversary date of the Cargo Ship Safety Construction
Certificate (SOLAS 74, Annex, Chapter I, Regulation 10, par. (a) (iv));

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 5 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

- an additional survey as prescribed for passenger ships in regulation 7(b)(iii) (SOLAS 74, Annex, Chapter I, Regulation
10, par. (a) (vi));

4. Explain the circumstances under which other certificates may be extended and states the maximum extension
permitted

(v) a minimum of two inspections of the outside of the ship's bottom during any five-year period, except where
regulation 14 (e) or (f) is applicable. Where regulation 14 (e) or (f) is applicable, this five-year period may be extended
to coincide with the extended period of validity of the certificate. In all cases the interval between any two such
inspections shall not exceed 36 months;

(v)* a minimum of two inspections of the outside of the ship’s bottom during the five-year period of validity of the
Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate, except where regulation 14(e) or 14(f)
is applicable. Where regulation 14(e) or 14(f) is applicable, this five-year period may be extended to coincide with the
extended period of validity of the certificate. In all cases the interval between any two such inspections shall not exceed
36 months;

(Adopted by Res.MSC.204(81)) *
Adopted by Res.MSC.204(81) and to be entered into force six months after the date on which is deemed to have been
accepted by two thirds of the Parties to the Protocol.

Regulation 14

(e) If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may
extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the
ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper
and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which
an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such
extension to leave that port without having a new certificate. When the renewal survey is completed, the new
certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the
extension was granted; (ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing
certificate before the extension was granted.

(f) A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions
of this regulation may be extended by the Administration for a period of grace of up to one month from the date of
expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to:

(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the
extension was granted;

(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension
was granted.

5. Describe the circumstances in which certificates cease to be valid

Regulation 14

(i) A certificate issued under regulation 12 or 13 shall cease to be valid in any of the following case:

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 6 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(i) if the relevant surveys and inspections are not completed within the periods specified under regulations 7 (a), 8 (a),
9 (a) and 10 (a);

(ii) if the certificate is not endorsed in accordance with the present regulations;

(iii) upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government
issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 11 (a) and
(b). In the case of a transfer between Contracting Governments, if requested within three months after the transfer
has taken place, the Government of the State whose flag the ship was formerly entitled to fly shall, as soon as possible,
transmit to the Administration copies of the certificates carried by the ship before the transfer and, if available, copies
of the relevant survey reports.

Regulation 19

(c) In the circumstances given in paragraph (b) or where a certificate has expired or ceased to be valid, the officer
carrying out the control shall take steps to ensure that the ship shall not sail until it can proceed to sea or leave the
port for the purpose of proceeding to the appropriate repair yard without danger to the ship or persons on board.

6. State that all certificates or certified copies of them should be posted up in a prominent and accessible place in
the ship

INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

Regulation 16

Posting up of certificates

All certificates or certified copies thereof issued under the present Regulations shall be posted up in a prominent and
accessible place in the ship.

Merchant Shipping (Non-Convention Ships) Safety Regulations

Regulation 9

Posting up of Certificate

All certificates or certified copies thereof issued under these Regulations shall be posted up in a prominent and
accessible place in the ship.

Marine Laws, Navigation and Safety: Supplement. 1955


By United States

Safety Convention, 1948


Paragraph 141 Ch.1 Reg. 17

Posting up of Certificate

All certificates or certified copies thereof issued under these Regulations Except Exemption Certificate or certified
copies thereof, shall be posted up in a prominent and accessible place in the ship.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 7 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

7. State that certificates issued under the authority of a contracting Government should be accepted by other
contracting Governments

Regulation 17

Acceptance of Certificates

Certificates issued under the authority of a Contracting Government shall be accepted by the other Contracting
Governments for all purposes covered by the present Convention. They shall be regarded by the other Contracting
Governments as having the same force as certificates issued by them.

8. State that a ship in the port of another Party is subject to control by officers authorized by that Government so
far as verifying that the SOLAS Convention certificates are valid

Regulation 19 Control*

* Refer to the Procedures for Port State Control adopted by the Organization by resolution A.1052(27) and Code of
good practice for port State control officers (MSC-MEPC.4/Circ.2).

(a) Every ship when in a port of another Contracting Government is subject to control by officers duly authorized by
such Government in so far as this control is directed towards verifying that the certificates issued under regulation 12
or regulation 13 are valid.

(b) Such certificates, if valid, shall be accepted unless there are clear grounds for believing that the condition of the
ship or of its equipment does not correspond substantially with the particulars of any of the certificates or that the ship
and its equipment are not in compliance with the provisions of regulation 11(a) and (b).

(c) In the circumstances given in paragraph (b) or where a certificate has expired or ceased to be valid, the officer
carrying out the control shall take steps to ensure that the ship shall not sail until it can proceed to sea or leave the
port for the purpose of proceeding to the appropriate repair yard without danger to the ship or persons on board.

(d) In the event of this control giving rise to an intervention of any kind, the officer carrying out the control shall
forthwith inform, in writing, the Consul or, in his absence, the nearest diplomatic representative of the State whose
flag the ship is entitled to fly* of all the circumstances in which intervention was deemed necessary. In addition,
nominated surveyors or recognized organizations responsible for the issue of the certificates shall also be notified. The
facts concerning the intervention shall be reported to the Organization.

* Refer to MSC/Circ.1011 - MEPC/Circ.383 on Measures to improve port State control procedure and to MSC-MEPC.6
circular series and to the information collected via the Global Integrated Shipping Information System (GISIS).

(e) The port state authority concerned shall notify all relevant information about the ship to the authorities of the next
port of call, in addition to parties mentioned in paragraph (d), if it is unable to take action as specified in paragraphs (c)
and (d) or if the ship has been allowed to proceed to the next port of call.

(f) When exercising control under this regulation all possible efforts shall be made to avoid a ship being unduly detained
or delayed. If a ship is thereby unduly detained or delayed it shall be entitled to compensation for any loss or damage
suffered.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 8 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

9. Describe the procedures which may be followed by officers authorized by a port State in exercising control
regarding SOLAS Convention Certificates or Load Line Convention Certificates

Annex

PROCEDURES FOR PORT STATE CONTROL, 2017

CHAPTER 1 – GENERAL

1.1 PURPOSE

This document is intended to provide basic guidance on the conduct of port State control inspections in support of the
control provisions of relevant conventions and parts of the IMO Instruments Implementation Code (III Code) (resolution
A.1070(28)) and afford consistency in the conduct of these inspections, the recognition of deficiencies of a ship, its
equipment, or its crew, and the application of control procedures.

1.2 APPLICATION

1.2.1 These Procedures apply to ships falling under the provisions of:

.1 the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974);
.2 the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974 (SOLAS PROT 1988);
.3 the International Convention on Load Lines, 1966 (LL1966);
.4 the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (LL PROT 1988);
.5 the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the 1978 and 1997
Protocols, as amended (MARPOL);
.6 the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as
amended (STCW 1978);
.7 the International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969);
.8 the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001);
.9 the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 1972);
.10 the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969);
.11 the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC
PROT 1992);
.12 the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (BUNKERS 2001);
.13 the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWM
2004); and
.14 the Nairobi International Convention on the Removal of Wrecks, 2007 (NAIROBI WRC 2007), hereafter referred to
as the relevant conventions.
hereafter referred to as the relevant conventions.

1.2.2 Ships of non-Parties should be given no more favorable treatment (see section 1.5).
1.2.3 For ships below convention size, Parties should apply the procedures in section 1.6.
1.2.4 When exercising port State control, Parties should only apply those provisions of the conventions which are in
force and which they have accepted.
1.2.5 Notwithstanding paragraph 1.2.4, in relation to voluntary early implementation of amendments to the 1974
SOLAS Convention and related mandatory instruments, Parties should take into account the Guidelines on the
voluntary early implementation of amendments to the 1974 SOLAS Convention and related mandatory instruments
(MSC.1/Circ.1565).
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 9 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

10. State that the surveyor should also take into account the requirements of SOLAS reg. V/13 that all ships should
be sufficiently and efficiently manned

Regulation 13

Manning

The Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt,
measures for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently
and efficiently manned.

REGULATION 14 - Ships' manning

1 Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt, measures
for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently and
efficiently manned.*

2 Every ship to which chapter I applies shall be provided with an appropriate minimum safe manning document or
equivalent issued by the Administration as evidence of the minimum safe manning considered necessary to comply
with the provisions of paragraph 1.

3 On all ships, to ensure effective crew performance in safety matters, a working language shall be established and
recorded in the ship's log-book. The company, as defined in regulation IX/1, or the master, as appropriate, shall
determine the appropriate working language. Each seafarer shall be required to understand and, where appropriate,
give orders and instructions and to report back in that language. If the working language is not an official language of
the State whose flag the ship is entitled to fly, all plans and lists required to be posted shall include a translation into
the working language.

4 On ships to which chapter I applies, English shall be used on the bridge as the working language for bridge-to-bridge
and bridge-to-shore safety communications as well as for communications on board between the pilot and bridge
watchkeeping personnel**, unless those directly involved in the communication speak a common language other than
English.

* Refer to the Principles of Safe Manning adopted by the Organization by resolution A.890(21). ** The IMO Standard
Marine Communications Phrases (SMCPs) (MSC/Circ.794), as amended, may be used in this respect.

11. State that, at the conclusion of a control, the master should be provided with a document giving the results of
the control and details of any action taken

Regulation 46
General

1 The arrangements provided shall be such as to ensure that the safety of the ship in all sailing conditions, including
maneuvering, is equivalent to that of a ship having the machinery spaces manned.

2 Measures shall be taken to the satisfaction of the Administration to ensure that the equipment is functioning in a
reliable manner and that satisfactory arrangements are made for regular inspections and routine tests to ensure
continuous reliable operation.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 10 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3 Every ship shall be provided with documentary evidence, to the satisfaction of the Administration, of its fitness to
operate with periodically unattended machinery spaces

12. State that Parties to the Protocol of 1978 to the SOLAS Convention, 1974, should apply the requirements of the
Convention and Protocol as may be necessary to ensure that no more favourable treatment is given to ships of non-
parties to the Convention and Protocol

Article I

General obligations

The Parties to the present Protocol undertake to give effect to the provisions of the present Protocol and the Annex
hereto which shall constitute an integral part of the present Protocol. Every reference to the present Protocol
constitutes at the same time a reference to the Annex hereto.

Article II

Application

1. The provisions of Articles II, III (other than paragraph (a)), IV, VI(b), (c) and (d), VII and VIII of the International
Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as "the Convention") are incorporated in the
present Protocol, provided that references in those Articles to the Convention and to Contracting Governments shall
be taken to mean references to the present Protocol and to the Parties to the present Protocol, respectively.

2. Any ship to which the present Protocol applies shall comply with the provisions of the Convention, subject to the
modifications and additions set out in the present Protocol.

3. With respect to the ships of non-parties to the Convention and the present Protocol, the Parties to the present
Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that
no more favourable treatment is given to such ships.

13. Define, with reference to chapter 11- 1:


- subdivision load line
- deepest subdivision load line
- length
- breadth
- draught
- bulkhead deck
- margin line
- permeability of a space
- machinery space - passenger spaces
- weathertight

Sub division and Loadlines

Aim:

Sub division aims at finding the number of bulkheads required, and where they should be placed. Sub division of
passenger ships into watertight compartments must be such that after assumed damage to the ship’s hull the vessel
will remain afloat in a stable position.
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 11 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Preamble

The first SOLAS Convention in 1914 immediately after the Titanic disaster introduced new international requirements
dealing with safety of navigation for all merchant ships; the provision of watertight and fire-resistant bulkheads; life-
saving appliances and fire prevention and firefighting appliances on passenger ships. Subsequent Convention revised
the concepts ok practical experiences both on the backdrop of damage stability as well as fire protection.

The 1948 SOLAS brought about Important improvements in such matters as watertight subdivision in passenger ships;
stability standards; the maintenance of essential services in emergencies; structural fire protection, including the
introduction of three alternative methods of subdivision by means of fire resistant bulkheads, and the enclosure of
main stairways.

The 1974 SOLAS introduced the concept of the degree of subdivision – measured by the maximum permissible distance
between two adjacent bulkheads – varies with the ship’s length and the service in which it is engaged. The highest
degree of subdivision applies to ships of the greatest length primarily engaged in the carriage of passengers.

The requirements for machinery and electrical installations are designed to ensure that services, which are essential
for the safety of the ship, passengers and crew, are maintained under various emergency conditions.

Sub division on Passenger ships

Passenger Ship Construction rules 1977 are based on SOLAS vessels. 1974 and its amendments. These rules lay down
regulations for the sub division of Passenger

Definitions

1) Passenger ship is a ship, which carries more than 12 passengers.


2) Sub division load line is the water line used to determine the subdivision of the vessel.
3) Deepest subdivision load line is the waterline corresponding to the maximum draft permitted by the sub division
requirements.
4) Sub division length is the length between perpendiculars taken at the ends of the deepest sub division load line.
5) Bulkhead deck is the uppermost continuous deck up to, which the transverse watertight bulkheads are carried. The
degree of sub division specifies minimum number of compartments, such that and all circumstances the final water
line will not be beyond a line tangent to the bulkhead deck. (i.e. bulkhead deck should never be submerged.)
6) Margin line – For the purpose of safety an imaginary line is drawn 76mm (3″) below the bulkhead deck. This is called
the margin of safety line, and sub division should be such that in the worst condition of flooding, the vessel will not
sink beyond the line tangential to the margin line.
7) Permeability is the percentage of any space, which can be occupied by water. For this purpose, the vessel is divided
into 3 sections — machinery spaces, area forward of machinery space and areas aft of machinery space.
8) Watertight – with regard to any structure, this means capable of preventing the passage of water through that
structure in any direction under a head of water up to the ship’s margin line.
9) Weather tight – with relation to any structure means capable of preventing the passage of seawater through the
structure under ordinary sea conditions.
10) Progressive flooding is what occurs when the vessel sinks to such an extent that Water enters the undamaged
compartment through weather tight openings on the upper deck.
11) Floodable Length -At any point in the length of the vessel, that is determined by method of calculation, which takes
into consideration the vessel’s block coefficient, draft and other characteristics, with regard to any part of the vessel a
continuous bulkhead deck, the floodable length at that point means the maximum length with its centre at the same

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 12 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

point which under certain definite assumptions of permeability, can be flooded without submerging any part of the
ship’s margin line.
12) Permissible Length — The vessel shall be efficiently sub-divided as possible having regard to the nature of the
service for which it is intended.
13) Length - in respect of a ship, means the horizontal distance between perpendiculars erected at the extreme ends
of the deepest subdivision load water line of the ship
14) Breadth - means the greatest moulded breadth at or below the ship's deepest subdivision load water line
15) Draught - means the vertical distance from the moulded base line amidships to a subdivision load line
16) Machinery Spaces - means the space extending from the moulded base line of the ship to the margin line and
between the extreme main transverse watertight bulkheads bounding the spaces appropriated to the main and
auxiliary propelling machinery, boilers, and the permanent coal bunkers, if any
17) passenger space - means space provided for the use of passengers

14. Explain what is meant by 'floodable length'

PART B - SUBDIVISION AND STABILITY

(6) (Part B applies to passenger ships only, except that Regulation 19 also applies to cargo ships.)

Regulation 3

Floodable length

(a) The floodable length at any point of the length of a ship shall be determined by a method of calculation which takes
into consideration the form, draught and other characteristics of the ship in question.

(b) In a ship with a continuous bulkhead deck, the floodable length at a given point is the maximum portion of the
length of the ship, having its centre at the point in question, which can be flooded under the definite assumptions set
forth in Regulation 4 of this Chapter without the ship being submerged beyond the margin line.

(c) (i) In the case of a ship not having a continuous bulkhead deck, the floodable length at any point may be determined
to an assumed continuous margin line which at no point is less than 76 millimetres (3 inches) below the top of the deck
(at side) to which the bulkheads concerned and the shell are carried watertight.

(ii) Where a portion of an assumed margin line is appreciably below the deck to which bulkheads are carried, the
Administration may permit a limited relaxation in the watertightness of those portions of the bulkheads which are
above the margin line and immediately under the higher deck.

"floodable length" in relation to any portion of a ship at any draught, means the maximum length of that portion having
its center at a given point in the ship that, at that draught and under such of the assumptions of permeability set forth
in Section 6 as are applicable in the circumstances, can be flooded without submerging any part of the ship's margin
line when the ship has no list;

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 13 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

15. Explain what is meant by 'factor of subdivision'

Regulation 5

Permissible length of compartments

(a) Ships shall be as effectively subdivided as is possible having regard to the nature of the service for which they are
intended. The degree of subdivision shall vary with the length of the ship and with the service, in such manner that the
highest degree of subdivision corresponds with the ships of greatest length, primarily engaged in the carriage of
passengers.

(b) Factor of subdivision. The maximum permissible length of a compartment having its center at any point in the ship's
length is obtained from the floodable length by multiplying the latter by an appropriate factor called the factor of
subdivision. The factor of subdivision shall depend on the length of the ship, and for a given length shall vary according
to the nature of the service for which the ship is intended. It shall decrease in a regular and continuous manner:

(i) as the length of the ship increases, and

(ii) from a factor A, applicable to ships primarily engaged in the carriage of cargo, to a factor B, applicable to ships
primarily engaged in the carriage of passengers. The variations of the factors A and B shall be expressed by the following
formulae (I) and (II) where L is the length of the ship as defined in Regulation 2 of this Chapter:

L in metres (L = 131 and upwards)..........(I) L in feet .18 (L = 430 and upwards)


L in metres .18 (L = 79 and upwards)..........(II)
L in feet B = 100 + .18 (L = 260 and upwards) L – 138

(c) Criterion of service. For a ship of given length the appropriate factor of subdivision shall be determined by the
Criterion of Service Numeral (hereinafter called the Criterion Numeral) as given by the following formulae (III) and (IV)
where: Cs = the Criterion Numeral;
L = length of the ship, as defined in Regulation 2 of this Chapter;
M = the volume of the machinery space, as defined in Regulation 2 of this Chapter; with the addition thereto of the
volume of any permanent oil fuel bunkers which may be situated above the inner bottom and before or abaft the
machinery space;
P = the whole volume of the passenger spaces below the margin line, as defined in Regulation 2 of this Chapter;
V = the whole volume of the ship below the margin line; P1 = KN where:
P1 = KN where:
N = number of passengers for which the ship is to be certified, and K has the following values:
Value of K
Length in metres and volumes in cubic metres .056L
Length in feet and volumes in cubic feet .6L
Where the value of KN is greater than the sum of P and the whole volume of the actual passenger spaces above the
margin line, the figure to be taken as P1 is that sum or two-thirds KN, whichever is the greater. When P1 is greater than
P–

(III) and in other cases - ..........

(IV) For ships not having a continuous bulkhead deck the volumes are to be taken up to the actual margin lines used in
determining the floodable lengths.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 14 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(d) Rules for subdivision of ships other than those covered by paragraph (e) of this Regulation (i) The subdivision abaft
the forepeak of ships 131 metres (430 feet) in length and upwards having a criterion numeral of 23 or less shall be
governed by the factor A given by formula (I); of those having a criterion numeral of 123 or more by the factor B given
by formula (II); and of those having a criterion numeral between 23 and 123 by the factor F obtained by linear
interpolation between the factors A and B, using the formula:
..........(V) Nevertheless, where the criterion numeral is equal to 45 or more and simultaneously the computed factor of
subdivision as given by formula (V) is .65 or less, but more than .50, the subdivision abaft the forepeak shall be governed
by the factor .50.
Where the factor F is less than .40 and it is shown to the satisfaction of the Administration to be impracticable to
comply with the factor F in a machinery compartment of the ship, the subdivision of such compartment may be
governed by an increased factor, which, however, shall not exceed .40.
(ii) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 79 metres (260 feet)
in length having a criterion numeral equal to S, where –
(L in metres) = (L in feet) shall be governed by the factor unity; of those having a criterion numeral of 123 or more by
the factor B given by the formula (II); of those having a criterion numeral between S and 123 by the factor F obtained
by linear interpolation between unity and the factor B using the formula:
(VI)
(iii) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 79 metres (260 feet)
in length and having a criterion numeral less than S, and of all ships less than 79 metres (260 feet) in length shall be
governed by the factor unity, unless, in either case, it is shown to the satisfaction of the Administration to be
impracticable to comply with this factor in any part of the ship, in which case the Administration may allow such
relaxation as may appear to be justified, having regard to all the circumstances.
(iv) The provisions of sub-paragraph (iii) of this paragraph shall apply also to ships of whatever length, which are to be
certified to carry a number of passengers exceeding 12 but not exceeding –
(in metres) (in feet), or 50, whichever is the less.
(e) Special standards of subdivision for ships which are permitted under paragraph (c) of Regulation 27 of Chapter III
to carry a number of persons on board in excess of the lifeboat capacity provided and are required under paragraph
(d) of Regulation 1 of this Chapter to comply with special provisions

16. Explain the application of the factor of subdivision to a passenger ship's ability to withstand the flooding of
adjacent main compartments

Regulation 7

Stability of ships in damaged condition

(a) Sufficient intact stability shall be provided in all service conditions so as to enable the ship to withstand the final
stage of flooding of any one main compartment which is required to be within the floodable length.

Where two adjacent main compartments are separated by a bulkhead which is stepped under the conditions of sub-
paragraph (e)(i) of Regulation 6 of this Chapter the intact stability shall be adequate to withstand the flooding of those
two adjacent main compartments. Where the required factor of subdivision is .50 or less but more than .33 intact
stability shall be adequate to withstand the flooding of any two adjacent main compartments. Where the required
factor of subdivision is .33 or less the intact stability shall be adequate to withstand the flooding of any three adjacent
main compartments. (b) (i) The requirements of paragraph (a) of this Regulation shall be determined by calculations
which are in accordance with paragraphs (c), (d) and (f) of this Regulation and which take into consideration the
proportions and design characteristics of the ship and the arrangement and configuration of the damaged
compartments. In making these calculations the ship is to be assumed in the worst anticipated service condition as
regards stability. (ii) Where it is proposed to fit decks, inner skins or longitudinal bulkheads of sufficient tightness to
seriously restrict the flow of water, the Administration shall be satisfied that proper consideration is given to such
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 15 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

restrictions in the calculations. (iii) In cases where the Administration considers the range of stability in the damaged
condition to be doubtful, it may require investigation thereof. (c) For the purpose of making damage stability
calculations the volume and surface permeabilities shall be in general as follows:

Spaces Permeability Appropriated to cargo,


coal or stores 60
Occupied by accommodation 95

Occupied by machinery 85 Intended for liquids 0 or 95[7]

17. Describe the requirements regarding unsymmetrical flooding & 18. State that the master should be supplied with
suitable information concerning the use of cross-flooding fittings

Regulation 7

Stability of ships in damaged condition

(e) Unsymmetrical flooding is to be kept to a minimum consistent with efficient arrangements. Where it is necessary
to correct large angles of heel, the means adopted shall, where practicable, be self-acting, but in any case where
controls to cross-flooding fittings are provided they shall be operable from above the bulkhead deck. These fittings
together with their controls as well as the maximum heel before equalization shall be acceptable to the Administration.
Where cross-flooding fittings are required the time for equalization shall not exceed 15 minutes. Suitable information
concerning the use of cross-flooding fittings shall be supplied to the master of the ship.

Cross-flooding Arrangement

An arrangement installed in passenger ships used to correct asymmetrical flooding and excessive heel angels in
damaged condition with the maximum angle of heel after flooding but before equalization of 15 degrees.
Fittings shall be operable from above the bulkhead deck.

(f) The final conditions of the ship after damage and, in the case of unsymmetrical flooding, after equalization measures
have been taken shall be as follows:
(i) in the case of symmetrical flooding there shall be a positive residual metacentric height of at least 50 millimetres (2
inches) as calculated by the constant displacement method;
(ii) in the case of unsymmetrical flooding the total heel shall not exceed seven degrees, except that, in special cases,
the Administration may allow additional heel due to the unsymmetrical moment, but in no case shall the final heel
exceed fifteen degrees;
(iii) in no case shall the margin line be submerged in the final stage of flooding. If it is considered that the margin line
may become submerged during an intermediate stage of flooding, the Administration may require such investigations
and arrangements as it considers necessary for the safety of the ship.

19. Describe the final conditions of the ship after assumed critical damage

(f) The final conditions of the ship after damage and, in the case of unsymmetrical flooding, after equalization measures
have been taken shall be as follows:
(i) in the case of symmetrical flooding there shall be a positive residual metacentric height of at least 50 millimetres (2
inches) as calculated by the constant displacement method;
(ii) in the case of unsymmetrical flooding the total heel shall not exceed seven degrees, except that, in special cases,
the Administration may allow additional heel due to the unsymmetrical moment, but in no case shall the final heel
exceed fifteen degrees;
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 16 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

(iii) in no case shall the margin line be submerged in the final stage of flooding. If it is considered that the margin line
may become submerged during an intermediate stage of flooding, the Administration may require such investigations
and arrangements as it considers necessary for the safety of the ship.

20. State that the master should be supplied with the data necessary to maintain sufficient intact stability under
service conditions to enable the ship to withstand the critical damage

(g) The master of the ship shall be supplied with the data necessary to maintain sufficient intact stability under service
conditions to enable the ship to withstand the critical damage.

21. State that the conditions of stability on which the calculations of heel are based should be supplied to the master
of the ship

22. State that excessive heeling might result should the ship sustain damage when in a less favorable condition

In the case of ships requiring cross-flooding the master of the ship shall be informed of the conditions of stability on
which the calculations of heel are based and be warned that excessive heeling might result should the ship sustain
damage when in a less favourable condition. (h) (i) No relaxation from the requirements for damage stability may be
considered by the Administration unless it is shown that the intact metacentric height in any service condition
necessary to meet these requirements is excessive for the service intended. (ii) Relaxations from the requirements for
damage stability shall be permitted only in exceptional cases and subject to the condition that the Administration is to
be satisfied that the proportions, arrangements and other characteristics of the ship are the most favourable to stability
after damage which can practically and reasonably be adopted in the particular circumstances.

23. State that water ballast should not in general be carried in tanks intended for oil fuel and describes the
arrangement for ships which cannot avoid putting water in oil fuel tanks

Regulation 8

Ballasting

When ballasting with water is necessary, the water ballast should not in general be carried in tanks intended for oil
fuel. In ships in which it is not practicable to avoid putting water in oil fuel tanks, oily-water separator equipment to
the satisfaction of the Administration shall be fitted, or other alternative means acceptable to the Administration shall
be provided for disposing of the oily-water ballast.

24. Describe the marking of subdivision load lines on passenger ships

Sub division and Loadlines

Aim:

Sub division aims at finding the number of bulkheads required, and where they should be placed. Sub division of
passenger ships into watertight compartments must be such that after assumed damage to the ship’s hull the vessel
will remain afloat in a stable position.

Preamble

The first SOLAS Convention in 1914 immediately after the Titanic disaster introduced new international requirements
dealing with safety of navigation for all merchant ships; the provision of watertight and fire-resistant bulkheads; life-
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 17 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

saving appliances and fire prevention and firefighting appliances on passenger ships. Subsequent Convention revised
the concepts ok practical experiences both on the backdrop of damage stability as well as fire protection.

The 1948 SOLAS brought about Important improvements in such matters as watertight subdivision in passenger ships;
stability standards; the maintenance of essential services in emergencies; structural fire protection, including the
introduction of three alternative methods of subdivision by means of fire resistant bulkheads, and the enclosure of
main stairways.

The 1974 SOLAS introduced the concept of the degree of subdivision – measured by the maximum permissible distance
between two adjacent bulkheads – varies with the ship’s length and the service in which it is engaged. The highest
degree of subdivision applies to ships of the greatest length primarily engaged in the carriage of passengers.

The requirements for machinery and electrical installations are designed to ensure that services, which are essential
for the safety of the ship, passengers and crew, are maintained under various emergency conditions.

Sub division on Passenger ships

Passenger Ship Construction rules 1977 are based on SOLAS vessels. 1974 and its amendments. These rules lay down
regulations for the sub division of Passenger

Definitions
1) Passenger ship is a ship, which carries more than 12 passengers.
2) Sub division load line is the water line used to determine the subdivision of the vessel.
3) Deepest subdivision load line is the waterline corresponding to the maximum draft permitted by the sub division
requirements.
4) Sub division length is the length between perpendiculars taken at the ends of the deepest sub division load line.
5) Bulkhead deck is the uppermost continuous deck up to, which the transverse watertight bulkheads are carried. The
degree of sub division specifies minimum number of compartments, such that and all circumstances
the final water line will not be beyond a line tangent to the bulkhead deck. (i.e. bulkhead deck should never be
submerged.)
6) Margin line – For the purpose of safety an imaginary line is drawn 76mm (3″) below the bulkhead deck. This is called
the margin of safety line, and sub division should be such that in the worst condition of flooding, the vessel will not
sink beyond the line tangential to the margin line.
7) Permeability is the percentage of any space, which can be occupied by water. For this purpose the vessel is divided
into 3 sections — machinery spaces, area forward of machinery space and areas aft of machinery space.
8) Watertight – with regard to any structure, this means capable of preventing the passage of water through that
structure in any direction under a head of water up to the ship’s margin line.
9) Weather tight – with relation to any structure means capable of preventing the passage of seawater through the
structure under ordinary sea conditions.
10) Progressive flooding is what occurs when the vessel sinks to such an extent that Water enters the undamaged
compartment through weather tight openings on the upper deck.
11) Floodable Length -At any point in the length of the vessel, that is determined by method of calculation, which takes
into consideration the vessel’s block coefficient, draft and other characteristics, with regard to any part of the vessel a
continuous bulkhead deck, the floodable length at that point means the maximum length with its centre at the same
point which under certain definite assumptions of permeability, can be flooded without submerging any part of the
ship’s margin line.
12) Permissible Length — The vessel shall be efficiently sub-divided as possible having regard to the nature of the
service for which it is intended.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 18 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

The degree of sub-division shall therefore vary such that the highest sub-division corresponds to the vessel of greatest
length primarily engaged in the carriage of passengers. The Permissible length of any compartment equals the
floodable length at the centre of that compartment multiplied by a factor of sub-division.
13) Factor of sub-division is an arbitrary factor applied to the floodable length to obtain the permissible length of the
compartment of the vessel. This depends upon:
The vessel’s length
Nature of service (Passenger, cargo & types of cargo)
The factor decreases in a regular and continuous manner as the vessel’s length increases and also from a factor ‘A’ for
vessels only engaged in carrying cargo and a factor ‘B’ only for passenger vessels.
This factor insures that one or two or three compartments must be flooded before the vessel reaches the margin line.
Vessels are therefore referred to as one, two or three compartment vessels, with regard to their damage stability
characteristics.
14) Criterion of service numeral (Cₛ): – Vessels intended for service intermediate between the two extreme types
(cargo and passenger) are given a factor of sub division between A and B called Cₛ. This is based on the volume of
passenger spaces below the margin line, the number of passengers, the volume of machinery spaces below the margin
line. Any increase in any of these factors will increase the criterion numeral and decrease the factor of sub-division,
and thereby the permissible length. Cₛ is such that factor A (cargo vessels only) = 23 and factor B (passenger vessels) =
123.

Sub Division Load Lines

In passenger ships sub-division is carried out with reference to a particular maximum draft called the subdivision draft
and marked by a Subdivision Loadline. A vessel having spaces, which are specially adapted for accommodating
passengers or cargo alternatively, may, if desired by the owner, have additional sub division load line. These load lines
are marked by the letter —C.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 19 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

 C1 – principally passenger carriers


 C2 – passengers in tween decks ( alternative passenger / Cargo)
 C3 – passengers in lower decks carrier. (alternative Passenger/ Cargo)
• Details of these load lines are recorded in the passenger ship safety certificate together with the spaces used
alternatively for passenger or cargo. The
deepest subdivision mark cannot be above the deepest saltwater load line as per international load line rule. If however
a subdivision load line is above the appropriate International Loadline for a particular locality and season, the
International loadline will apply. At no stage, in salt water, should the appropriate sub division loadline be submerged.

Unberthed passenger ships


• During the Simla Convention of 1931 due attention was given to special trade passenger vessel’s carrying unberthed
deck passengers between Singapore, India — Gulf and Red Sea. To provide additional safety for such vessel another
series of subdivision load lines D1, D2 and D3 are assigned which gave greater freeboard than the C lines. These ships
are now called Special Trade Passenger ships.

25. State that details of the subdivision load lines assigned and the conditions of service for which they are approved
should be clearly indicated on the Passenger Ship Safety Certificate

Regulation 11

Assigning, marking and recording of subdivision load lines

(a) In order that the required degree of subdivision shall be maintained, a load line corresponding to the approved
subdivision draught shall be assigned and marked on the ship's sides. A ship having spaces which are specially adapted
for the accommodation of passengers and the carriage of cargo alternatively may, if the owners desire, have one or
more additional load lines assigned and marked to correspond with the subdivision draughts which the Administration
may approve for the alternative service conditions.

(b) The subdivision load lines assigned and marked shall be recorded in the Passenger Ship Safety Certificate, and shall
be distinguished by the notation C.1 for the principal passenger condition, and C.2, C.3, etc., for the alternative
conditions.

(c) The freeboard corresponding to each of these load lines shall be measured at the same position and from the same
deck line as the freeboards determined in accordance with the International Convention respecting Load Lines in force.

(d) The freeboard corresponding to each approved subdivision load line and the conditions of service for which it is
approved, shall be clearly indicated on the Passenger Ship Safety Certificate.

(e) In no case shall any subdivision load line mark be placed above the deepest load line in salt water as determined by
the strength of the ship and/or the International Convention respecting Load Lines in force.

26. State that a ship should not be loaded so as to submerge the load line mark appropriate to the season and
locality, as determined in accordance with the International Convention on load Lines, whatever the position of the
subdivision load line marks may be

(f) Whatever may be the position of the subdivision load line marks, a ship shall in no case be loaded so as to submerge
the load line mark appropriate to the season and locality as determined in accordance with the International
Convention respecting Load Lines in force.

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 20 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

27. State that' a ship should not be loaded so as to submerge the subdivision load line mark appropriate to the
particular voyage and condition of service

(g) A ship shall in no case be so loaded that when she is in salt water the subdivision load line mark appropriate to the
particular voyage and condition of service is submerged.

28. Classify watertight doors as:


- class 1 - hinged doors
- class 2 - hand-operated sliding doors
- class 3 - sliding doors which are power-operated as well as hand operated

Regulation 13

Openings in watertight bulkheads

(iii) Authorized watertight doors may therefore be divided into three Classes: Class 1 - hinged doors;
Class 2 - hand-operated sliding doors; Class 3 - sliding doors which are power-operated as well as hand-operated.
(iv) The means of operation of any watertight door whether power-operated or not shall be capable of closing the door
with the ship listed to 15 degrees either way.
(v) In all classes of watertight doors indicators shall be fitted which show, at all operating stations from which the doors
are not visible, whether the doors are open or closed. If any of the watertight doors, of whatever Class, is not fitted so
as to enable it to be closed from a central control station, it shall be provided with a mechanical, electrical, telephonic,
or any other suitable direct means of communication, enabling the officer of the watch promptly to contact the person
who is responsible for closing the door in question, under previous orders.
(g) Hinged doors (Class 1) shall be fitted with quick action closing devices, such as catches, workable from each side of
the bulkhead.
(h) Hand-operated sliding doors (Class 2) may have a horizontal or vertical motion. It shall be possible to operate the
mechanism at the door itself from either side, and in addition, from an accessible position above the bulkhead deck,
with an all-round crank motion, or some other movement providing the same guarantee of safety and of an approved
type. Departures from the requirement of operation on both sides may be allowed, if this requirement is impossible
owing to the layout of the spaces. When operating a hand gear the time necessary for the complete closure of the door
with the vessel upright, shall not exceed 90 seconds.
(i) (i) Power-operated sliding doors (Class 3) may have a vertical or horizontal motion. If a door is required to be power-
operated from a central control, the gearing shall be so arranged that the door can be operated by power also at the
door itself from both sides. The arrangement shall be such that the door will close automatically if opened by local
control after being closed from the central control, and also such that any door can be kept closed by local systems
which will prevent the door from being opened from the upper control. Local control handles in connexion with the
power gear shall be provided each side of the bulkhead and shall be so arranged as to enable persons passing through
the doorway to hold both handles in the open position without being able to set the closing mechanism in operation
accidentally. Power-operated sliding doors shall be provided with hand gear workable at the door itself on either side
and from an accessible position above the bulkhead deck, with an all-round crank motion or some other movement
providing the same guarantee of safety and of an approved type. Provision shall be made to give warnings by sound
signal that the door has begun to close and will continue to move until it is completely closed. The door shall take a
sufficient time to close to ensure safety.
(ii) There shall be at least two independent power sources capable of opening and closing all the doors under control,
each of them capable of operating all the doors simultaneously. The two power sources shall be controlled from the
central station on the bridge provided with all the necessary indicators for checking that each of the two power sources
is capable of giving the required service satisfactorily.
(iii) In the case of hydraulic operation, each power source shall consist of a pump capable of closing all doors in not
more than 60 seconds. In addition, there shall be for the whole installation hydraulic accumulators of sufficient capacity
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 21 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

to operate all the doors at least three times, i.e., closed-open closed. The fluid used shall be one which does not freeze
at any of the temperatures liable to be encountered by the ship during its service.
(j) (i) Hinged watertight doors (Class 1) in passenger, crew and working spaces are only permitted above a deck the
underside of which, at its lowest point at side, is at least 2.13 metres (7 feet) above the deepest subdivision load line.
(ii) Watertight doors, the sills of which are above the deepest load line and below the line specified in the preceding
sub-paragraph shall be sliding doors and may be hand-operated (Class 2), except in vessels engaged on short
international voyages and required to have a factor of subdivision of .50 or less in which all such doors shall be power-
operated. When trunkways in connexion with refrigerated cargo and ventilation or forced draught ducts are carried
through more than one main watertight subdivision bulkhead, the doors at such openings shall be operated by power.
(k) (i) Watertight doors which may sometimes be opened at sea, and the sills of which are below the deepest
subdivision load line shall be sliding doors. The following rules shall apply:
(1) when the number of such doors (excluding doors at entrances to shaft tunnels) exceeds five, all of these doors and
those at the entrance to shaft tunnels or ventilation or forced draught ducts, shall be power-operated (Class 3) and
shall be capable of being simultaneously closed from a central station situated on the bridge;
(2) when the number of such doors (excluding doors at entrances to shaft tunnels) is greater than one, but does not
exceed five,
(a) where the ship has no passenger spaces below the bulkhead deck, all the above-mentioned doors may be hand-
operated (Class 2);
(b) where the ship has passenger spaces below the bulkhead deck all the above-mentioned doors shall be power-
operated (Class 3) and shall be capable of being simultaneously closed from a central station situated on the bridge;
(3) in any ship where there are only two such watertight doors and they are into or within the space containing
machinery, the Administration may allow these two doors to be hand-operated only (Class 2). (ii) If sliding watertight
doors which have sometimes to be open at sea for the purpose of trimming coal are fitted between bunkers in the
between decks below the bulkhead deck, these doors shall be operated by power. The opening and closing of these
doors shall be recorded in such log book as may be prescribed by the Administration.
(l) (i) If the Administration is satisfied that such doors are essential, watertight doors of satisfactory construction may
be fitted in watertight bulkheads dividing cargo between deck spaces. Such doors may be hinged, rolling or sliding
doors but shall not be remotely controlled. They shall be fitted at the highest level and as far from the shell plating as
practicable, but in no case shall the outboard vertical edges be situated at a distance from the shell plating which is
less than one-fifth of the breadth of the ship, as defined in Regulation 2 of this Chapter, such distance being measured
at right angles to the center line of the ship at the level of the deepest subdivision load line.
(ii) Such doors shall be closed before the voyage commences and shall be kept closed during navigation; and the time
of opening such doors in port and of closing them before the ship leaves port shall be entered in the log book. Should
any of the doors be accessible during the voyage, they shall be fitted with a device which prevents unauthorized
opening. When it is proposed to fit such doors, the number and arrangements shall receive the special consideration
of the Administration.
(m) Portable plates on bulkheads shall not be permitted except in machinery spaces. Such plates shall always be in
place before the ship leaves port, and shall not be removed during navigation except in case of urgent necessity. The
necessary precautions shall be taken in replacing them to ensure that the joints shall be watertight.
(n) All watertight doors shall be kept closed during navigation except when necessarily opened for the working of the
ship, and shall always be ready to be immediately closed.
(o) (i) Where trunkways or tunnels for access from crew accommodation to the stokehold, for piping, or for any other
purpose are carried through main transverse watertight bulkheads, they shall be watertight and in accordance with
the requirements of Regulation 16 of this Chapter. The access to at least one end of each such tunnel or trunkway, if
used as a passage at sea, shall be through a trunk extending watertight to a height sufficient to permit access above
the margin line. The access to the other end of the trunkway or tunnel may be through a watertight door of the type
required by its location in the ship. Such trunkways or tunnels shall not extend through the first subdivision bulkhead
abaft the collision bulkhead.
(ii) Where it is proposed to fit tunnels or trunkways for forced draught, piercing main transverse watertight bulkheads,
these shall receive the special consideration of the Administration.
Form No. BPM2-CME 20 F-009 MGT 312(Module 5)
Rev.03 Page 22 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

EVALUATE

1. What certificate shall be subject to the surveys and inspections by means of intermediate survey within three months
before or after the second anniversary date or within three months before or after the third anniversary?
2. When an exemption is granted to a ship under and in accordance with the provisions of the present regulations, a
certificate called an Exemption Certificate how shall it be used?
3. In what circumstances does the vessel’s expired certificate will be given an extension by the Administration?
4. If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may
extend the period of validity of the certificate. What is the purpose of such extension?
5. What will happen to the vessel’s certificate if the vessel had been sold and upon transfer of the ship to the flag of
another State?
6. Under Regulation 9, what must be done to the certified copies of a vessel’s certificates in a prominent and accessible
place in the ship?
7. What is the reason that the certificates issued under the authority of a Contracting Government shall be accepted
by the other Contracting Governments for all purposes covered by the present Convention?
8. Every ship when in a port of another Contracting Government is subject to control by officers duly authorized by
such Government in so far as this control is directed towards verifying that the certificates issued under regulation 12
or regulation 13 are valid. What are clear grounds that the certificates become invalid?
9. The port state control officer verifying the ballast water exchange carried out by the vessel prior arrival in port. What
convention that would provide basic guidance on the conduct of the inspections?
10. What language shall be used on the bridge as the working language for bridge-to-bridge and bridge-to-shore safety
communications as well as for communications on board between the pilot and bridge watchkeeping personnel?
11. What documents must the Master receive from control officer after the conclusion of inspection?
12. With respect to the ships of non-parties to the Convention and the present Protocol, the Parties to the present
Protocol shall apply the requirements of the Convention. What practice did the Convention would like ensure not to
happen?
13. What is the objective of the implementation of watertight compartments subdivision on the passenger ships?
14. How would you describe floodable length as set forth in Section 6?
15. The maximum permissible length of a compartment having its center at any point in the ship's length is obtained
from the floodable length by multiplying the latter by an appropriate factor called the factor of subdivision.
How it will be known what factor of subdivision to be used?
16. What shall be provided in all service conditions so as to enable the ship to withstand the final stage of flooding of
any one main compartment which is required to be within the floodable length?
17. Unsymmetrical flooding is to be kept to a minimum consistent with efficient arrangements. Where it is necessary
to correct large angles of heel, the means adopted shall, where practicable, be self-acting, but in any case where
controls to cross-flooding fittings are provided they shall be operable from above the bulkhead deck. What is a cross-
flooding fittings or arrangement?
18. Where cross-flooding fittings are required, what is the time required equalization?
19. In no case shall the margin line be submerged in the final stage of flooding. If it is considered that the margin line
may become submerged during an intermediate stage of flooding, what do the Administration may require to do?
20. What shall be provided to the master to maintain sufficient intact stability under service conditions to enable the
ship to withstand the critical damage?
21. What conditions shall the master of the ship shall be informed on which the calculations of heel are based?
22. What condition might result should the ship sustain damage when in a less favourable condition?
23. When ballasting with water is necessary in a fuel oil tank, what equipment must be fitted to the tank in satisfaction
of the Administration?
24. The deepest subdivision mark cannot be above the deepest saltwater load line as per international load line rule.
If, however a subdivision load line is above the appropriate International Loadline for a particular locality and season,
what loadline will apply?

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 23 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

25. The subdivision load lines assigned and marked shall be recorded in the Passenger Ship Safety Certificate, how shall
it be distinguished?
26. Whatever may be the position of the subdivision load line marks, a ship shall in no case be loaded so as to submerge
the load line mark appropriate to the season and locality, how do we determined the appropriate season and locality?
27. A ship shall in no case be so loaded that when she is in salt water the subdivision load line mark appropriate to the
particular voyage and in what condition of service?
28. In all classes of watertight doors, what shall be fitted on which to show, at all operating stations from which the
doors are not visible, whether the doors are open or closed?

Quiz will be uploaded in Edmodo.

EXTEND

• The company, as defined in regulation IX/1, or the master, as appropriate, shall determine the appropriate working
language. Each seafarer shall be required to understand and, where appropriate, give orders and instructions and to
report back in that language. If the working language is not an official language of the State whose flag the ship is
entitled to fly, all plans and lists required to be posted shall include a translation into the working language.
In your opinion, which is better between English as working language or a working language other than English? Explain.

• If the Administration is satisfied that such doors are essential, watertight doors of satisfactory construction may be
fitted in watertight bulkheads dividing cargo between deck spaces. Such doors may be hinged, rolling or sliding doors
but shall not be remotely controlled. In your opinion, it is safety that such doors not be remotely controlled? Explain.

Submit or upload your answers in Edmodo.

References:

• SOLAS 2018 Consolidated Edition


• Copyright MaritimeKnowhow.com © 2014
• INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974
• Protocol of 1978 relating to the International Convention for Safety of Life at Sea of 1 November 1974 (London, 17
February 1978)
• Copyright 2020 KNOWLEDGE OF THE SEA

Certificates and Documents for Merchant Ships (2019), Maritime Institute of Technology and Graduate Studies.
Retrieved from https://www.mitags.org/certificates-for-ships/

Revision Status:

MOD MGT 312(5)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 5)


Rev.03 Page 24 of 24
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION


ONLINE DISTANCE LEARNING MODULE

COURSE CODE MGT 312 PRE-REQUISITE NONE


COURSE TITLE Integrated Management System SEMESTER 1st / 2nd
UNITS 3 YEAR LEVEL 3rd
COURSE DESCRIPTION This training course will be presented with detailed explanation of the requirements for
ease of understanding. It is useful for users of the previous standard as well as new users
with first time exposure to the quality, environmental & OHS management system.

MODULE 6 (WEEK 6)
Chapter 1 (Cont’n) 1.3 Safety SOLAS – Subdivision and Stability, Machinery and Electrical Installation
TOPIC LEARNING OUTCOMES

The students shall be able to:

1. Describe the provisions regarding the fitting of watertight doors in passenger ships
2. State that watertight doors in bulkheads dividing cargo between deck spaces must be closed before the voyage
commences and must be kept closed during navigation
3. State that the time of opening tweendeck doors in port and the time of closing them before leaving port should be
entered in the log-book
4. State that all watertight doors should be kept closed during navigation except when necessarily opened for the
working of the ship, in which case they should always be ready to be immediately closed
5. State that in passenger ships carrying goods vehicles and accompanying personnel, indicators are required on the
navigating bridge to show automatically when each door between cargo spaces is closed and all door fastenings are
secured
6. State that sidescuttles, the sills of which are below the margin line, should be of such construction as will effectively
prevent any person opening them without the consent of the master
7. State that certain sidescuttles in between-deck spaces must be closed watertight and locked before the ship leaves
port and must not be opened before arrival at the next port
8. Describe the requirements for deadlights
9. State hat sidescuttles and deadlights which will not be accessible during navigation must be closed and secured
before the ship leaves port
10. State that the closing and locking of sidescuttles and deadlights in spaces used alternatively for the carriage of
passengers or cargo should be recorded in a log-book when carrying cargo
11. State the requirements for the closure of cargo loading doors in passenger ships
12. Describe the requirements for drills, operation and inspection of watertight doors and other openings in passenger
ships
13. State that valves, doors and mechanisms should be suitably marked to ensure that they may be properly used to
provide maximum safety
14. List the entries which should be made in the log-book regarding the opening and closing of doors, sidescuttles and
other openings and the drills and inspections required by the regulations
15. State that every passenger ship and every cargo ship of 24 meters and upwards must be inclined upon its
completion and the elements of its stability determined
16. State that the master should be supplied with such information as is necessary to obtain accurate guidance as to
the stability of the ship under varying conditions of service
17. Describe the contents of damage control plans for passenger ships
18. State that booklets containing the damage control information should be made available to the ship's officers

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 1 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

19. Describe the recommendations on damage control for dry cargo ships
20. Describe the indicator system which must be provided on the navigating bridge of passenger ro-ro ships to show if
shell doors, loading doors and other closing appliances are not fully closed or not secured
21. State the requirements for the detection of water leakage through shell doors or vehicle loading doors which could
lead to major flooding of special category spaces or ro-ro cargo spaces
22. State the requirements for ro-ro cargo spaces to be monitored whilst the ship is under way

ENGAGE

Watertight doors are special types of doors found on the ships which prevent the ingress of water from one
compartment to other during flooding or accidents and therefore act as a safety barrier.

How does watertight door work?

EXPLORE

• Hinged type watertight door

Question:

In the above picture of hinged type watertight door, what is the means of its operation?

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 2 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

• Watertight Door Indication Panel

Question:

Above is a picture of Watertight Door Indication Panel, where do you think this indicator be placed on board?

EXPLAIN AND ELABORATE

Chapter 1 (Cont’n)

ANNEX REVISED GUIDANCE FOR WATERTIGHT DOORS ON PASSENGER SHIPS WHICH MAY BE OPENED DURING
NAVIGATION

1 Preamble

1.1 Watertight subdivision is vital to ship stability and survivability to protect life, property and the marine environment
in cases of hull damage after collision or grounding. The number of openings in watertight bulkheads on passenger
ships is to be kept to a minimum in accordance with SOLAS regulation II-1/13.1.

1.2 In order to maintain watertight subdivision, while allowing for the safe and effective operation of the ship, all
watertight doors are to be kept closed during navigation, except in certain limited circumstances. SOLAS regulation II-
1/22.3 allows a watertight door to be temporarily opened to permit the passage of passengers or crew, or when work
in the immediate vicinity of the door necessitates it being opened. In this case, the door must be immediately closed
when transit through the door is complete or the work is finished.

1.3 The SOLAS chapter II-1 regulations referred to in this guidance means SOLAS chapter II-1 regulations amended by
resolution MSC.421(98) (entry into force on 1 January 2020). 2 Introduction This guidance is intended to ensure that

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 3 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

watertight doors which may be opened during navigation do not inadvertently provide a weak link in the required
damage stability survivability of passenger ships.

3 Importance of watertight doors

3.1 Failure to recognize the importance of watertight doors can have great impact on the watertight integrity of the
ship and have catastrophic consequences. When structural damage occurs to a ship, especially during collision or
grounding, there is potential risk for bulkheads and decks to be deformed, thus rendering watertight doors not able to
be closed. The risk of progressive flooding following such deformation of the ship's structure may increase if watertight
doors are either left open or unable to be closed.

3.2 Another potential risk to ship survivability is when large amounts of water flood a ship, especially after extensive
structural damage. The rate of water ingress, which depends on the size of the damaged opening and the water
pressure, can quickly flood a compartment. It is therefore essential that a ship has sufficient survivability in case of
damage, keeping in mind that when adjacent watertight doors are open, several compartments may be flooded as
watertight doors have up to 60 s to close per SOLAS regulation II-1/13.5.1.

1.3 Safety SOLAS – Subdivision and Stability, Machinery and Electrical Installation

Regulation 13

Openings in watertight bulkheads below the bulkhead deck in passenger ships

1 The number of openings in watertight bulkheads shall be reduced to the minimum compatible with the design and
proper working of the ship, satisfactory means shall be provided for closing these openings.

2.1 Where pipes, scuppers, electric cables, etc., are carried through watertight bulkheads, arrangements shall be made
to ensure the watertight integrity of the bulkheads.

2.2 Valves not forming part of a piping system shall not be permitted in watertight bulkheads.

2.3 Lead or other heat sensitive materials shall not be used in systems which penetrate watertight bulkheads, where
deterioration of such systems in the event of fire would impair the watertight integrity of the bulkheads.

3 No doors, manholes, or access openings are permitted in watertight transverse bulkheads dividing a cargo space from
an adjoining cargo space, except as provided in paragraph 9.1 and in regulation 14.

4 Subject to paragraph 10, not more than one door, apart from the doors to shaft tunnels, may be fitted in each
watertight bulkhead within spaces containing the main and auxiliary propulsion machinery including boilers serving
the needs of propulsion. Where two or more shafts are fitted, the tunnels shall be connected by an intercommunicating
passage. There shall be only one door between the machinery space and the tunnel spaces where two shafts are fitted
and only two doors where there are more than two shafts. All these doors shall be of the sliding type and shall be so
located as to have their sills as high as practicable. The hand gear for operating these doors from above the bulkhead
deck shall be situated outside the spaces containing the machinery.

5.1 Watertight doors, except as provided in paragraph 9.1 or regulation 14, shall be power-operated sliding doors
complying with the requirements of paragraph 7 capable of being closed simultaneously from the central operating
console at the navigation bridge in not more than 60 s with the ship in the upright position.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 4 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

5.2 The means of operation whether by power or by hand of any power-operated sliding watertight door shall be
capable of closing the door with the ship listed to 15o either way. Consideration shall also be given to the forces which
may act on either side of the door as may be experienced when water is flowing through the opening applying a static
head equivalent to a water height of at least 1 m above the sill on the centerline of the door.

5.3 Watertight door controls, including hydraulic piping and electric cables, shall be kept as close as practicable to the
bulkhead in which the doors are fitted, in order to minimize the likelihood of them being involved in any damage which
the ship may sustain. The positioning of watertight doors and their controls shall be such that if the ship sustains
damage within one fifth of the breadth of the ship, as defined in regulation 2, such distance being measured at right
angles to the centerline at the level of the deepest subdivision draught, the operation of the watertight doors clear of
the damaged portion of the ship is not impaired.

6 All power-operated sliding watertight doors shall be provided with means of indication which will show at all remote
operating positions whether the doors are open or closed. Remote operating positions shall only be at the navigation
bridge as required by paragraph 7.1.5 and at the location where hand operation above the bulkhead deck is required
by paragraph 7.1.4.

Watertight doors in bulkheads dividing cargo between deck spaces must be closed before the voyage commences
and must be kept closed during navigation

Regulation 22

Prevention and control of water ingress, etc.

Refer to the MSC.1/Circ.1369 INTERIM EXPLANATORY NOTES FOR THE ASSESSMENT OF PASSENGER SHIP SYSTEMS'
CAPABILITIES AFTER A FIRE OR FLOODING CASUALTY

Refer to the MSC.1/Circ.1380 GUIDANCE FOR WATERTIGHT DOORS ON PASSENGER SHIPS WHICH MAY BE OPENED
DURING NAVIGATION

1 All watertight doors shall be kept closed during navigation except that they may be opened during navigation as
specified in paragraphs 3 and 4. Watertight doors of a width of more than 1.2 m in machinery spaces as permitted by
regulation 13.10 may only be opened in the circumstances detailed in that regulation. Any door which is opened in
accordance with this paragraph shall be ready to be immediately closed.

2 Watertight doors located below the bulkhead deck of passenger ships and the freeboard deck of cargo ships having
a maximum clear opening width of more than 1.2 m shall be kept closed during navigation, except for limited periods
when absolutely necessary as determined by the Administration.( Replaced by Res.MSC.421(98))

3 A watertight door may be opened during navigation to permit the passage of passengers or crew, or when work in
the immediate vicinity of the door necessitates it being opened. The door must be immediately closed when transit
through the door is complete or when the task which necessitated it being open is finished. The Administration shall
authorize that such a watertight door may be opened during navigation only after careful consideration of the impact
on ship operations and survivability taking into account guidance issued by the Organization*. A watertight door
permitted to be opened during navigation shall be clearly indicated in the ship's stability information and shall always
be ready to be immediately closed.

* Refer to the Revised guidance for watertight doors on passenger ships which may be opened during navigation
(MSC.1/Circ.1564).

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 5 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

4 Portable plates on bulkheads shall always be in place before the voyage commences, and shall not be removed during
navigation except in case of urgent necessity at the discretion of the master. The necessary precautions shall be taken
in replacing them to ensure that the joints are watertight. Power-operated sliding watertight doors permitted in
machinery spaces in accordance with regulation 13.10 shall be closed before the voyage commences and shall remain
closed during navigation except in case of urgent necessity at the discretion of the master.

5 Watertight doors fitted in watertight bulkheads dividing cargo between deck spaces in accordance with regulation
13.9.1 shall be closed before the voyage commences and shall be kept closed during navigation. The time at which
such doors are opened or closed shall be recorded in such log-book as may be prescribed by the Administration.

Regulation 22

Prevention and control of water ingress, etc.

3 A watertight door may be opened during navigation to permit the passage of passengers or crew, or when work in
the immediate vicinity of the door necessitates it being opened. The door must be immediately closed when transit
through the door is complete or when the task which necessitated it being open is finished. The Administration shall
authorize that such a watertight door may be opened during navigation only after careful consideration of the impact
on ship operations and survivability taking into account guidance issued by the Organization*.

A watertight door permitted to be opened during navigation shall be clearly indicated in the ship's stability information
and shall always be ready to be immediately closed.

Regulation 13

Openings in watertight bulkheads below the bulkhead deck in passenger ships

8.1 The central operating console at the navigation bridge shall have a “master mode” switch with two modes of
control: a “local control” mode which shall allow any door to be locally opened and locally closed after use without
automatic closure, and a “doors closed” mode which shall automatically close any door that is open. The “doors closed”
mode shall automatically close any door that is open. The “doors closed” mode shall permit doors to be opened locally
and shall automatically re-close the doors upon release of the local control mechanism. The “master mode” switch
shall normally be in the “local control” mode. The “doors closed” mode shall only be used in an emergency or for
testing purposes. Special consideration shall be given to the reliability of the “master mode” switch. 8.2 The central
operating console at the navigation bridge shall be provided with a diagram showing the location of each door, with
visual indicators to show whether each door is open or closed. A red light shall indicate a door is fully open and a green
light shall indicate a door is fully closed. When the 71 door is closed remotely the red light shall indicate the
intermediate position by flashing. The indicating circuit shall be independent of the control circuit for each door.
8.3 It shall not be possible to remotely open any door from the central operating console.

Regulation 15

Openings in the shell plating below the bulkhead deck of passenger ships and the freeboard deck of cargo ships

1 The number of openings in the shell plating shall be reduced to the minimum compatible with the design and proper
working of the ship.

2 The arrangement and efficiency of the means for closing any opening in the shell plating shall be consistent with its
intended purpose and the position in which it is fitted and generally to the satisfaction of the Administration.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 6 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3.1 Subject to the requirements of the International Convention on Load Lines in force, no sidescuttle shall be fitted in
such a position that its sill is below a line drawn parallel to the bulkhead deck at side and having its lowest point 2.5%
of the breadth of the ship above the deepest subdivision draught, or 500 mm, whichever is the greater.

3.2 All sidescuttles the sills of which are below the bulkhead deck of passenger ships and the freeboard deck of cargo
ships, as permitted by paragraph 3.1, shall be of such construction as will effectively prevent any person opening them
without the consent of the master of the ship.

4 Efficient hinged inside deadlights so arranged that they can be easily and effectively closed and secured watertight,
shall be fitted to all sidescuttles except that abaft one eighth of the ship's length from the forward perpendicular and
above a line drawn parallel to the bulkhead deck at side and having its lowest point at a height of 3.7 m plus 2.5% of
the breadth of the ship above the deepest subdivision draught, the deadlights may be portable in passenger
accommodation, unless the deadlights are required by the International Convention on Load Lines in force to be
permanently attached in their proper positions. Such portable deadlights shall be stowed adjacent to the sidescuttles
they serve. (Replaced by Res.MSC.421(98))

5.1 No sidescuttles shall be fitted in any spaces which are appropriated exclusively to the carriage of cargo. 74

5.2 Sidescuttles may, however, be fitted in spaces appropriated alternatively to the carriage of cargo or passengers,
but they shall be of such construction as will effectively prevent any person opening them or their deadlights without
the consent of the master.

Regulation 22

Prevention and control of water ingress, etc.

13 Where in a between-deck, the sills of any of the sidescuttles referred to in regulation 15.3.2 are below a line drawn
parallel to the bulkhead deck at side of passenger ships and the freeboard deck at side of cargo ships, and having its
lowest point 1.4 m plus 2.5% of the breadth of the ship above the water when the voyage commences, all the
sidescuttles in that between-deck shall be closed watertight and locked before the voyage commences, and they shall
not be opened before the ship arrives at the next port. In the application of this paragraph the appropriate allowance
for fresh water may be made when applicable.

.1 The time at which such sidescuttles are opened in port and closed and locked before the voyage commences shall
be recorded in such log-book as may be prescribed by the Administration.

.2 For any ship that has one or more sidescuttles so placed that the requirements of paragraph 13 would apply when
it was floating at its deepest subdivision draught, the Administration may indicate the limiting mean draught at which
these sidescuttles will have their sills above the line drawn parallel to the bulkhead deck at side of passenger ships and
the freeboard deck at side of cargo ships, and having its lowest point 1.4 m plus 2.5% of the breadth of the ship above
the waterline corresponding to the limiting mean draught, and at which it will therefore be permissible for the voyage
to commence without them being closed and locked and to be opened during navigation on the responsibility of the
master during navigation. In tropical zones as defined in the International Convention on Load Lines in force, this
limiting draught may be increased by 0.3 m.

Ship Portholes: A General Overview

When one travels by ship, the ship’s windows are the most important and striking feature that he or she can notice.
The ship’s windows are known as portholes; shortened form of the word ‘port-hole window.’ Portholes, however, are

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 7 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

also not just a part of ships but are found in submarines and spacecrafts. Certain times ship portholes are known as
‘side scuttles’, mainly because they are located on both the sides of the ship.

Understanding Ship Portholes

Portholes have been a part of the ships since the start. They have retained their circular form and as compared to
windows in other means of transportation, are completely unique. The portholes are designed in such a way that when
a ship cruises into the middle of the seas, one can get the best possible view from the ship’s porthole. For this, the
height of the portholes is strategically decided and one end of the portholes is hinged.

A porthole was initially constructed to be a window in those areas of the ship where airing was a major problem. This
allowed both light as well as fresh air to enter those parts. This pattern of construction greatly helped the people
working in these areas to work continuously for long hours. However, later on portholes came to be built on every
room and cabin on the ship.

Construction of Portholes

The materials generally used for building ship portholes are steel, aluminium, brass, bronze, and iron. The glass used
in the portholes is compulsorily made involving sand. The process of making glass is known as sand-casting and the
main material for this process is silica sand. In order to make the glass, a mixture of silica, lime and ash is mixed, heated
and cooled until the right consistency of glass is achieved. The process further involves re-heating the mixture in huge
furnaces constantly so that the glass reaches its appropriate thickness. Then this mixture is laid on top of a melting tin
which ensures that the right shape of the glass is achieved. The glass is finally cooled. This process is referred to as
tempering, which ensures that the glass does not break or shatter.

Materials such as brass and bronze are preferred and used over iron and steel because iron rusts because of sea-water
and steel bends after a certain period of time. Brass and bronze remain effective for a longer time.

A ship’s porthole measures around two feet in diameters while its weight can go up to around 100 pounds. Ship
portholes are generally because of the durability factor. They offer resistance not only from sunlight but also from sea
and rain water. The heaviness of the ship portholes also ensures that no damage is caused at any point of time to the
ship.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 8 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Regulation 15

Openings in the shell plating below the bulkhead deck of passenger ships and the freeboard deck of cargo ships

4 Efficient hinged inside deadlights so arranged that they can be easily and effectively closed and secured watertight,
shall be fitted to all sidescuttles except that abaft one eighth of the ship's length from the forward perpendicular and
above a line drawn parallel to the bulkhead deck at side and having its lowest point at a height of 3.7 m plus 2.5% of
the breadth of the ship above the deepest subdivision draught, the deadlights may be portable in passenger
accommodation, unless the deadlights are required by the International Convention on Load Lines in force to be
permanently attached in their proper positions. Such portable deadlights shall be stowed adjacent to the sidescuttles
they serve. (Replaced by Res.MSC.421(98))

5.1 No sidescuttles shall be fitted in any spaces which are appropriated exclusively to the carriage of cargo.

5.2 Sidescuttles may, however, be fitted in spaces appropriated alternatively to the carriage of cargo or passengers,
but they shall be of such construction as will effectively prevent any person opening them or their deadlights without
the consent of the master.

6 Automatic ventilating sidescuttles shall not be fitted in the shell plating below the bulkhead deck of passenger ships
and the freeboard deck of cargo ships without the special sanction of the Administration.

Deadlight

1. A portlight that does not open.

2. A hinged, bronze or steel plate serving to protect the glass portlight in heavy weather.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 9 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

Regulation 22

Prevention and control of water ingress, etc.

14 Sidescuttles and their deadlights which will not be accessible during navigation shall be closed and secured before
the voyage commences.

15 If cargo is carried in spaces referred to in regulation 15.5.2, the sidescuttles and their deadlights shall be closed
watertight and locked before the cargo is shipped and the time at which such scuttles and deadlights are closed and
locked shall be recorded in such log-book as may be prescribed by the Administration.

Regulation 22

Prevention and control of water ingress, etc.

15 If cargo is carried in spaces referred to in regulation 15.5.2, the sidescuttles and their deadlights shall be closed
watertight and locked before the cargo is shipped and the time at which such scuttles and deadlights are closed and
locked shall be recorded in such log-book as may be prescribed by the Administration.

15.5.2 Sidescuttles may, however, be fitted in spaces appropriated alternatively to the carriage of cargo or passengers,
but they shall be of such construction as will effectively prevent any person opening them or their deadlights without
the consent of the master.

Regulation 17-1

Integrity of the hull and superstructure, damage prevention and control on ro-ro passenger ships

Refer to the IACS UI SC220 Special requirements for vehicle ferries, ro-ro ships and other ships of similar type

1.1 Subject to the provisions of paragraphs 1.2 and 1.3, all accesses that lead to spaces below the bulkhead deck shall
have a lowest point which is not less than 2.5 m above the bulkhead deck.

1.2 Where vehicle ramps are installed to give access to spaces below the bulkhead deck, their openings shall be able
to be closed weathertight to prevent ingress of water below, alarmed and indicated to the navigation bridge.

1.3 The Administration may permit the fitting of particular accesses to spaces below the bulkhead deck provided they
are necessary for the essential working of the ship, e.g. the movement of machinery and stores, subject to such
accesses being made watertight, alarmed and indicated on the navigation bridge.

2 Indicators shall be provided on the navigation bridge for all shell doors, loading doors and other closing appliances
which, if left open or not properly secured, could, in the opinion of the Administration, lead to flooding of a special
category space or ro-ro space. The indicator system shall be designed on the fail-safe principle and shall show by visual
alarms if the door is not fully closed or if any of the securing arrangements are not in place and fully locked and by
audible alarms if such door or closing appliances become open or the securing arrangements become unsecured. The
indicator panel on the navigation bridge shall be equipped with a mode selection function “harbour/sea voyage” so
arranged that an audible alarm is given on the navigation bridge if the ship leaves harbour with the bow doors, inner
doors, stern ramp or any other side shell doors not closed or any closing device not in the correct position. The power
supply for the indicator system shall be independent of the power supply for operating and securing the doors.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 10 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

3 Television surveillance and a water leakage detection system shall be arranged to provide an indication to the
navigation bridge and to the engine control station of any leakage through inner and outer bow doors, stern doors or
any other shell doors which could lead to flooding of special category spaces or ro-ro spaces.

12. Describe the requirements for drills, operation and inspection of watertight doors and other openings in
passenger ships

Regulation 21

Periodical operation and inspection of watertight doors, etc., in passenger ships

1 Operational tests of watertight doors, sidescuttles, valves and closing mechanisms of scuppers, ash chutes and
rubbish-chutes shall take place weekly. In ships in which the voyage exceeds one week in duration a complete set of
operational tests shall be held before the voyage commences, and others thereafter at least once a week during the
voyage. (Replaced by Res.MSC.421(98))

3 The watertight doors and all mechanisms and indicators connected therewith, all valves, the closing of which is
necessary to make a compartment watertight, and all valves the operation of which is necessary for damage control
cross connections shall be periodically inspected at sea at least once a week.

4 A record of all operational tests and inspections required by this regulation shall be recorded in the logbook with an
explicit record of any defects which may be disclosed.

Part B-4 of SOLAS Regulation 21 requires weekly drills for operating watertight doors in passenger ships, and if the
voyage exceeds one week, also a complete drill before leaving port. It also requires that all doors in watertight
bulkheads in use at sea be operated daily. The watertight doors and all mechanisms and indicators must be inspected
at sea at least once a week. A record of all drills and inspections required by this regulation shall be entered in the log-
book with an explicit record of any defects discovered.

Due to their importance, watertight doors should also be carefully examined by the surveyors at times of annual and
renewal surveys of class, safety construction and loadline certificates.

Regulation 16

Construction and initial tests of watertight closures ( Replaced by Res.MSC.421(98))

1 In all ships:

1.1 The design, materials and construction of all watertight closures such as doors, hatches, sidescuttles, gangway and
cargo ports, valves, pipes, ash-chutes and rubbish-chutes referred to in these regulations shall be to the satisfaction of
the Administration.

1.2 Such valves, doors, hatches and mechanisms shall be suitably marked to ensure that they may be properly used to
provide maximum safety.

1.3 The frames of vertical watertight doors shall have no groove at the bottom in which dirt might lodge and prevent
the door closing properly.

2 Watertight doors and hatches shall be tested by water pressure to the maximum head of water they might sustain
in a final or intermediate stage of flooding. For cargo ships not covered by damage stability requirements, watertight
Form No. BPM2-CME 20 F-009 MGT 312(Module 6)
Rev.03 Page 11 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

doors and hatches shall be tested by water pressure to a head of water measured from the lower edge of the opening
to one meter above the freeboard deck. Where testing of individual doors and hatches is not carried out because of
possible damage to insulation or outfitting items, testing of individual doors and hatches may be replaced by a
prototype pressure test of each type and size of door or hatch with a test pressure corresponding at least to the head
required for the individual location. The prototype test shall be carried out before the door or hatch is fitted. The
installation method and procedure for fitting the door or hatch on board shall correspond to that of the prototype test.
When fitted on board, each door or hatch shall be checked for proper seating between the bulkhead, the frame and
the door or between deck, the coaming and the hatch. (Replaced by Res.MSC.421(98))

Regulation 20

Marking, Periodical Operation and Inspection of Watertight Doors, etc

(a) Drills for the operating of watertight doors, side scuttles, valves and closing mechanisms of scuppers, and rubbish-
shoots shall take place weekly. In ships in which the voyage exceeds one week in duration a complete drill shall be held
before leaving port, and others thereafter at least once a week during the voyage. In all ships all watertight power
doors and hinged doors, in main transverse bulkheads, in use at sea, shall be operated daily.

(b) (I) The watertight doors and all mechanisms and indicators connected therewith, all valves the closing of which is
necessary to make a compartment watertight, and all valves the operation of which is necessary for damage control
cross connections, shall be periodically inspected at sea at least once a week.
(II) Such valves, doors and mechanisms shall be suitably marked to ensure that they may be properly used to provide
maximum safety.

Regulation 21 Entries in Log

(a) Hinged doors, portable plates, side scuttles, gangway, cargo and other ports and other openings, which are required
by these Regulations to be kept closed during navigation, shall be closed before the ship leaves port. The time of closing
and the time of opening (if permissible under these Regulations) shall be recorded in such log book as may be
prescribed by the Administration.

(b) A record of all drills and inspections required by Regulation 20 shall be entered in the log book with an explicit
record of any defects which may be disclosed.

Regulation 5

Intact stability*

* Refer to the Code on Intact Stability for All Types of Ships covered by IMO Instruments, adopted by the Organization
by resolution A.749(18), as amended. From 1 July 2010, the International Code on Intact Stability, 2008, adopted by
resolution MSC.267(85), is expected to enter into force.

1 Every passenger ship, regardless of size, and every cargo ship having a length (L) of 24 m and upwards, shall be
inclined upon its completion. The lightship displacement and the longitudinal, transverse and vertical position of its
center of gravity shall be determined. In addition to any other applicable requirements of the present regulations, ships
having a length of 24 m and upwards shall as a minimum comply with the requirements of part A of the 2008 IS Code.(
Replaced by Res.MSC.421(98))

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 12 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

2 The Administration may allow the inclining test of an individual cargo ship to be dispensed with provided basic
stability data are available from the inclining test of a sister ship and it is shown to the satisfaction of the Administration
that reliable stability information for the exempted ship can be obtained from such basic data, as required by regulation
5-1. A lightweight survey shall be carried out upon completion and the ship shall be inclined whenever in comparison
with the data derived from the sister ship, a deviation from the lightship displacement exceeding 1% for ships of 160
m or more in length and 2% for ships of 50 m or less in length and as determined by linear interpolation for intermediate
lengths or a deviation from the lightship longitudinal center of gravity exceeding 0.5% of L is found.

3 The Administration may also allow the inclining test of an individual ship or class of ships especially designed for the
carriage of liquids or ore in bulk to be dispensed with when reference to existing data for similar ships clearly indicates
that due to the ship’s proportions and arrangements more than sufficient metacentric height will be available in all
probable loading conditions.

4 Where any alterations are made to a ship so as to materially affect the stability information supplied to the master,
amended stability information shall be provided. If necessary, the ship shall be reinclined. The ship shall be re-inclined
if anticipated deviations exceed one of the values specified in paragraph 5.

5 At periodical intervals not exceeding five years, a lightweight survey shall be carried out on all passenger ships to
verify any changes in lightship displacement and longitudinal center of gravity. The ship shall be re-inclined whenever,
in comparison with the approved stability information, a deviation from the lightship displacement exceeding 2% or a
deviation of the longitudinal center of gravity exceeding 1% of L is found or anticipated. (Replaced by Res.MSC.421(98))

Regulation 5-1

Stability information to be supplied to the master*

* Refer also to the Guidelines for the preparation of intact stability information (MSC/Circ.456) and the Revised
guidance to the master for avoiding dangerous situations in adverse weather and sea conditions (MSC.1/Circ.1228).
(Replaced by Res.MSC.421(98))

1 The master shall be supplied with such information to the satisfaction of the Administration as is necessary to enable
him by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying conditions
of service. A copy of the stability information shall be furnished to the Administration. (Replaced by Res.MSC.421(98))

2 The information should include:

.1 curves or tables of minimum operational metacentric height (GM) and maximum permissible trim versus draught
which assures compliance with the intact and damage stability requirements where applicable, alternatively
corresponding curves or tables of the maximum allowable vertical centre of gravity (KG) and maximum permissible
trim versus draught, or with the equivalents of either of these curves or tables;( Replaced by Res.MSC.421(98))

.2 instructions concerning the operation of cross-flooding arrangements; and

.3 all other data and aids which might be necessary to maintain the required intact stability and stability after damage.

3 The intact and damage stability information required by regulation 5-1.2 shall be presented as consolidated data and
encompass the full operating range of draught and trim. Applied trim values shall coincide in all stability information
intended for use on board. Information not required for determination of stability and trim limits should be excluded
from this information.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 13 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

4 If the damage stability is calculated in accordance with regulation 6 to regulation 7-3 and, if applicable, with
regulations 8 and 9.8, a stability limit curve is to be determined using linear interpolation between the minimum
required GM assumed for each of the three draughts ds, dp and dl. When additional subdivision indices are calculated
for different trims, a single envelope curve based on the minimum values from these calculations shall be presented.
When it is intended to develop curves of maximum permissible KG it shall be ensured that the resulting maximum KG
curves correspond with a linear variation of GM.

5 As an alternative to a single envelope curve, the calculations for additional trims may be carried out with one common
GM for all of the trims assumed at each subdivision draught. The lowest values of each partial index As, Ap and Al
across these trims shall then be used in the summation of the attained subdivision index A according to regulation 7.1.
This will result in one GM limit curve based on the GM used at each draught. A trim limit diagram showing the assumed
trim range shall be developed. 6 When curves or tables of minimum operational metacentric height (GM) or maximum
allowable KG versus draught are not provided, the master shall ensure that the operating condition does not deviate
from approved loading conditions, or verify by calculation that the stability requirements are satisfied for this loading
condition.

“Ships shall be as efficiently subdivided as is possible having regard to the nature of the service for which they are
intended. The degree of subdivision shall vary with the subdivision length of the ship and with the service, in such
manner that the highest degree of subdivision corresponds with the ships of greatest subdivision length, primarily
engaged in the carriage of passengers.”

The deterministic regulations for passenger ships in SOLAS were such that, based on the assumed damage scenario
(i.e. one-compartment or group of compartments flooding) according to the ship’s factor of subdivision (function of
length, number of passengers and other elements), the maximum permissible length of a compartment (between two
adjacent bulkheads: subdivision) is obtained, which should ensure the ship remains afloat and stable.

Regulation 19

Damage control information*

1 There shall be permanently exhibited, or readily available on the navigation bridge, for the guidance of the officer in
charge of the ship, plans showing clearly for each deck and hold the boundaries of the watertight compartments, the
openings therein with the means of closure and position of any controls thereof, and the arrangements for the
correction of any list due to flooding. In addition, booklets containing the aforementioned information shall be made
available to the officers of the ship.

2 General precautions to be included shall consist of a listing of equipment, conditions, and operational procedures,
considered by the Administration to be necessary to maintain watertight integrity under normal ship operations.

3 Specific precautions to be included shall consist of a listing of elements (i.e. closures, security of cargo, sounding of
alarms, etc.) considered by the Administration to be vital to the survival of the ship, passengers and crew.

4 In case of ships to which damage stability requirements of part B-1 apply, damage stability information shall provide
the master a simple and easily understandable way of assessing the ship’s survivability in all damage cases involving a
compartment or group of compartments.

Damage Control Documentation

The 2009 Consolidated Edition of SOLAS Chapter II-1 Parts B (1 through 4) addresses Subdivision and Stability issues
and is referred to regarding the documentation requirements.
Form No. BPM2-CME 20 F-009 MGT 312(Module 6)
Rev.03 Page 14 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

A typical mistake is that Part A of this SOLAS edition, which is applicable to the whole of Chapter II-1, is not duly
considered when the applicability of the other Parts of this chapter are in question.

Part A (General) Regulation 1 clearly states that:


“… 1.1 Unless expressly provided otherwise, this chapter shall apply to ships the keels of which are laid or which are at
a similar stage of construction on or after 1 January 2009…”
Therefore, for vessels constructed before 1 January 2009, older regulations should be applied. In order to outline
relevant IMO requirements, please note that the Damage Control Plan & Booklet are required for:

 Passenger ships, regardless of size, constructed on or after 1980-05-25. (SOLAS 74, Chapter II-I Reg.20)
 Dry cargo ships (not less than 500 gross tonnage) which are constructed between 1992-02-01 and 2009-01-01.
(1989 amendments to SOLAS 74, Chapter II-1 Reg.23-1)
 All cargo ships (not less than 500 gross tonnage) which are constructed on or after 2009-01-01. (2005
amendments to SOLAS 74, Chapter II-1 Reg.19).

According to IMO Res. MSC.281(85) Explanatory Notes to the SOLAS Chapter II-1 Subdivision and Damage Stability
Regulations, Reg. 4, the 2005 amendments to SOLAS 74, Chapter II-1 Reg.19 are to be applied to all cargo ships and
passenger ships constructed on or after 2009-01-01 regardless of their length. For dry cargo ships constructed between
1992-02-01 and 2009-01-01, DNV’s interpretation is that 1989 amendments to SOLAS 74 Chapter II-1 Regulation 23-1
apply to dry cargo ships regardless of their length. For vessels where Damage Control information is mandatory or
when vessel operators would like to introduce the Damage Control information on a voluntary basis, the following
must be noted:

 The Damage Control Plan should be permanently exhibited or readily available on the navigation bridge, ship’s
control station and, in addition for cargo ships, in the cargo control room, all ship’s office or other suitable
location.
 In addition to plans, Damage Control Booklets containing relevant information should be made available to
ship officers.
 The Damage Control Plan and Damage Control Booklet should be provided in the working language of the ship
and official language of the SOLAS Convention if this is different from the working language on board.
 The Damage Control Plan and Damage Control Booklet are ship-specific documents and must be approved by
the administration or the classification society acting on its behalf.
 The master and ship officers should be able to understand and explain the content of the Damage Control Plan
and Booklet.
 Regarding the information which is to be included in a Damage Control Plan and Damage Control Booklet,
please refer to:
 IMO MSC/Circ. 919 Guidelines for Damage Control Plans for vessels constructed before 2009-01-01, and
 IMO MSC.1/Circ. 1245 Guidelines for Damage Control Plans and Information to the Master for vessels
constructed after 2009-01-01.

Failure to comply will put the vessel at risk of receiving deficiencies during port state control inspections and possible
delays in port until the plan and booklet are produced.

Therefore, in order to avoid port delays and negative remarks from port state control inspectors, we advise customers
to verify their vessels’ compliance with the above SOLAS requirements and ensure that the information contained in
the Damage Control Plan and Booklet on board meets the specifications.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 15 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

If a request for an approved Damage Control Booklet is received from the owners, the document should be prepared
in accordance with the relevant guidelines and submitted to the Stability Section at DNV Høvik for review and approval.

The damage control plan and damage control booklet, which are required by SOLAS regulation II 1/19, are intended to
provide ships’ officers with clear information on the ship’s watertight subdivision and equipment related to maintaining
the boundaries and effectiveness of the subdivision so that, in the event of damage to the ship causing flooding, proper
precautions can be taken to prevent progressive flooding through openings therein and effective action can be taken
quickly to mitigate and, where possible, recover the ship’s loss of stability.

Regulation 17-1 Integrity of the hull and superstructure, damage prevention and control on ro-ro passenger ships

2 Indicators shall be provided on the navigation bridge for all shell doors, loading doors and other closing appliances
which, if left open or not properly secured, could, in the opinion of the Administration, lead to flooding of a special
category space or ro-ro space. The indicator system shall be designed on the fail-safe principle and shall show by visual
alarms if the door is not fully closed or if any of the securing arrangements are not in place and fully locked and by
audible alarms if such door or closing appliances become open or the securing arrangements become unsecured. The
indicator panel on the navigation bridge shall be equipped with a mode selection function “harbour/sea voyage” so
arranged that an audible alarm is given on the navigation bridge if the ship leaves harbour with the bow doors, inner
doors, stern ramp or any other side shell doors not closed or any closing device not in the correct position. The power
supply for the indicator system shall be independent of the power supply for operating and securing the doors.

Regulation 17-1 Integrity of the hull and superstructure, damage prevention and control on ro-ro passenger ships

3 Television surveillance and a water leakage detection system shall be arranged to provide an indication to the
navigation bridge and to the engine control station of any leakage through inner and outer bow doors, stern doors or
any other shell doors which could lead to flooding of special category spaces or ro-ro spaces.

Regulation 23

Special requirements for ro-ro passenger ships

1 Special category spaces and ro-ro spaces shall be continuously patrolled or monitored by effective means, such as
television surveillance, so that any movement of vehicles in adverse weather conditions and unauthorized access by
passengers thereto can be detected during navigation. (Replaced by Res.MSC.421(98))

2 Documented operating procedures for closing and securing all shell doors, loading doors and other closing appliances
which, if left open or not properly secured, could, in the opinion of the Administration, lead to flooding of a special
category space or ro-ro space, shall be kept on board and posted at an appropriate place.

3 All accesses from the ro-ro deck and vehicle ramps that lead to spaces below the bulkhead deck shall be closed before
the voyage commences and shall remain closed until the ship is at its next berth.

4 The master shall ensure that an effective system of supervision and reporting of the closing and opening of such
accesses referred to in paragraph 3 is implemented.

5 The master shall ensure, before the voyage commences, that an entry in the log-book, as required by regulation
22.12, is made of the time of the last closing of the accesses referred to in paragraph 3.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 16 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

6 Notwithstanding the requirements of paragraph 3, the Administration may permit some accesses to be opened
during the voyage, but only for a period sufficient to permit through passage and, if required, for the essential working
of the ship.

7 All transverse or longitudinal bulkheads which are taken into account as effective to confine the seawater
accumulated on the ro-ro deck shall be in place and secured before the voyage commences and remain in place and
secured until the ship is at its next berth.

8 Notwithstanding the requirements of paragraph 7, the Administration may permit some accesses within such
bulkheads to be opened during the voyage but only for sufficient time to permit through passage and, if required, for
the essential working of the ship.

9 In all ro-ro passenger ships, the master or the designated officer shall ensure that, without the expressed consent of
the master or the designated officer, no passengers are allowed access to an enclosed ro-ro deck during navigation.

EVALUATE

1. Watertight doors which are power-operated sliding doors capable of being closed simultaneously from the central
operating console at the navigation bridge. How many minutes shall all be closed with the ship in the upright position?
2. There is potential risk for bulkheads and decks to be deformed, thus rendering watertight doors not able to be closed
and the risk of progressive flooding following such deformation of the ship's structure may increase if watertight doors
are either left open or unable to be closed. What are the circumstances that it will happen?
3. Watertight doors fitted in watertight bulkheads dividing cargo between deck spaces in accordance with regulation
13.9.1 shall be closed before the voyage commences and shall be kept closed during navigation. After closing all these
watertight doors what is the next thing to do?
4. A watertight door may be opened during navigation to permit the passage of passengers or crew, or when work in
the immediate vicinity of the door necessitates it being opened. The door must be immediately closed when transit
through the door is complete or when the task which necessitated it being open is finished. What should the
Administration shall consider to authorize that such a watertight door may be opened during navigation?
5. The central operating console of doors at the navigation bridge shall have a “master mode” switch with two modes
of control: a “local control” mode and a “doors closed” mode. Which of the mode shall automatically close any door
that is open?
6. All sidescuttles the sills of which are below the bulkhead deck of passenger ships and the freeboard deck of cargo
ships, as permitted by paragraph 3.1, shall be of what construction?
7. All the sidescuttles in the between-deck below a line drawn parallel to the bulkhead deck at side of passenger ships
and the freeboard deck at side of cargo ships shall be closed watertight and locked before the voyage commences.
When will be the time these can be open?
8. What are the requirements for deadlights?
9. What must be done to the sidescuttles and deadlights which will not be accessible during navigation?
10. If cargo is carried in spaces referred to in regulation 15.5.2, the sidescuttles and their deadlights shall be closed
watertight and locked before the cargo is shipped. What shall not be forgotten after sidescuttles and deadlights were
closed?
11. What must be provided as requirements for the closure of cargo loading doors in passenger ships?
12. 1 Operational tests of watertight doors, sidescuttles, valves and closing mechanisms of scuppers, ash chutes and
rubbish-chutes shall take place weekly. In ships in which the voyage exceeds one week in duration what is the
requirements?
13. Watertight doors and hatches shall be tested by water pressure to the maximum head of water they might sustain
in a final or intermediate stage of flooding. For cargo ships not covered by damage stability requirements, how will the
water pressure test to be carried out?

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 17 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

14. Drills for the operating of watertight doors, side scuttles, valves and closing mechanisms of scuppers, and rubbish-
shoots shall take place every how many week?
15. Every passenger ship, regardless of size, and every cargo ship having a length (L) of 24 m and upwards, shall be
inclined upon its completion. In this inclining test, what would be able to determine?
16. The master shall be supplied with such information to the satisfaction of the Administration as is necessary to
enable him by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying
conditions of service. What document would be furnished to the Administration?
17. There shall be permanently exhibited, or readily available on the navigation bridge, for the guidance of the officer
in charge of the ship, plans showing clearly for each deck and hold the boundaries of the watertight compartments,
the openings therein with the means of closure and position of any controls thereof. What arrangements for the
correction shall be used in case of flooding?
18. What plans shall be permanently exhibited, or readily available on the navigation bridge, for the guidance of the
officer in charge of the ship?
19. What are the specific precautions to be included shall consist of a listing of elements considered by the
Administration to be vital to the survival of the ship, passengers and crew?
20. What instrument shall be provided on the navigation bridge for all shell doors, loading doors and other closing
appliances which, if left open or not properly secured, could, in the opinion of the Administration, lead to flooding of
a special category space or ro-ro space?
21. What equipment and instruments shall be arranged to provide an indication to the navigation bridge and to the
engine control station of any leakage through inner and outer bow doors, stern doors or any other shell doors which
could lead to flooding of special category spaces or ro-ro spaces?
22. Special category spaces and ro-ro spaces shall be continuously patrolled or monitored by effective means so that
any movement of vehicles in adverse weather conditions and unauthorized access by passengers thereto can be
detected during navigation. In what way those spaces can be effectively monitored?

Quiz will be uploaded in Edmodo.

EXTEND

1. Failure to recognize the importance of watertight doors can have great impact on the watertight integrity of
the ship and have catastrophic consequences. When structural damage occurs to a ship, especially during
collision or grounding, there is potential risk for bulkheads and decks to be deformed. In your opinion, what
will happen if the bulkheads and decks were deformed? Explain.

2. Drills for the operating of watertight doors, side scuttles, valves and closing mechanisms of scuppers, and
rubbish-shoots shall take place weekly. In ships in which the voyage exceeds one week in duration a complete
drill shall be held before leaving port, and others thereafter at least once a week during the voyage. In all ships
all watertight power doors and hinged doors, in main transverse bulkheads, in use at sea, shall be operated
daily. In your opinion, why do such drills are necessary?

Submit or upload your answers in Edmodo.

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 18 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled
PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

References:

• SOLAS 2018 Consolidated Edition


• By Aditib | In: Guidelines | Last Updated on October 11, 2019 - Marine Insight
• Netherlands Regulatory Framework (NeRF) - Maritime of the Netherlands Shipping Inspectorate

Gard News 207, August/October 2012, http://www.gard.no/web/updates/content/20651832/the-dangers-of-power-


operated-watertight-doors

Revision Status:

MOD MGT 312(6)


Rev.: 01
Issue Date:
Sept. 3, 2021

Form No. BPM2-CME 20 F-009 MGT 312(Module 6)


Rev.03 Page 19 of 19
COMPANY CONFIDENTIAL INFORMATION
Copyright © 2021 PNTC Colleges, All rights reserved.
When printed, this document is uncontrolled unless properly identified as controlled

You might also like