Control and Management of Ship's Ballast Water

STCW Code Table A-II/1 and A-II/2
International Convention for the Control and Management of

Ship’s Ballast Water and Sediments, 2004
The Ballast Water Management Convention, adopted in 2004, aims to
prevent the spread of harmful aquatic organisms from one region to
another, by establishing standards and procedures for the management
and control of ships' ballast water and sediments.
International Convention for the Control and Management of Ship’s Ballast

Water and Sediments, 2004
Definition
Ballast Water means water with its suspended matter taken on board a ship to control trim,
list, draught, stability or stresses of the ship.
Ballast Water Management means mechanical, physical, chemical, and biological processes,
either singularly or in combination, to remove, render harmless, or avoid the uptake or
discharge of Harmful Aquatic Organisms and Pathogens within Ballast Water and Sediments.
International Convention for the Control and Management of Ship’s

Ballast Water and Sediments, 2004
Definition
Harmful Aquatic Organisms and Pathogens means aquatic organisms or pathogens
which, if introduced into the sea including estuaries, or into fresh water courses, may
create hazards to the environment, human health, property or resources, impair
biological diversity or interfere with other legitimate uses of such areas.
Sediments means matter settled out of Ballast Water within a ship.


Application
Except as expressly provided otherwise in this Convention, this Convention shall apply
to:
(a) ships entitled to fly the flag of a Party; and
(b) ships not entitled to fly the flag of a Party but which operate under the authority of
a Party.

Application
This Convention shall not apply to:
(a) ships not designed or constructed to carry Ballast Water;
(b) ships of a Party which only operate in waters under the jurisdiction of that Party,
unless the Party determines that the discharge of Ballast Water from such ships
would impair or damage their environment, human health, (cont..)

(cont..) property or resources, or those of adjacent or other States
(c) Ships of a Party which only operate in waters under the jurisdiction of another
Party, subject to the authorization of the latter Party for such exclusion.
(d) ships which only operate in waters under the jurisdiction of one Party and on the
high seas
(e) any warship, naval auxiliary or other ship owned or operated by a State

Ballast Water Exchange
A ship conducting Ballast Water exchange to meet the standard in regulation D-1 shall:
1. whenever possible, conduct such Ballast Water exchange at least 200 nautical miles
from the nearest land and in water at least 200 metres in depth, taking into account
the Guidelines developed by the Organization;

Ballast Water Exchange
2. Ballast Water exchange shall be conducted taking into account the Guidelines
described in paragraph 1.1 and as far from the nearest land as possible, and in all
cases at least 50 nautical miles from the nearest land and in water at least 200
meters in depth.
International Convention on the

Control of Harmful Anti-fouling
Systems on Ships, 2001
What is Anti-fouling system?
This system refers to a coating, paint, surface treatment or

device used on a ship to control or prevent attachment of
unwanted organisms. The regulation applies regardless of the
size of the ship (or recreational craft) or its purpose.
INTRODUCTION
The Convention was adopted in a diplomatic conference in 2001

An Anti-fouling system means a coating, paint, surface treatment,
surface or device that is used on a ship to control or prevent attachment
of unwanted organisms
Research has found that certain anti-fouling systems used on ships pose
a substantial risk of toxicity and other chronic impacts to ecologically
and economically important marine organisms
INTRODUCTION
Cumulative impacts are also harmful to human health as a result of

consuming the affected seafood
Research has found that certain anti-fouling systems used on ships pose a
substantial risk of toxicity and other chronic impacts to ecologically and
economically important marine organisms
PURPOSE OF THE CONVENTION
To prohibit and restrict application, re-application, installation, or use of

harmful anti-fouling systems on ships
To prohibit and restrict the application, re-application, installation or
use of such systems, whilst in a party’s port, ship yard, or offshore
terminal
CONTROL OF ANNEX 1 WASTE MATERIALS
Annex I of the Convention provide a list Organotin compounds which

act as biocides in anti-fouling systems
Ships shall not bear such compounds on their hulls or external parts
or surfaces or shall bear a coating that forms a barrier to such
compounds leaching from the underlying non-compliant ant-fouling
systems
CONTROL OF ANNEX 1 WASTE MATERIALS
Article 5 requires a Party to the Convention, taking into account

international rules, standards and requirements, to take appropriate
measures in its territory to require that wastes from the application or
removal of an anti-fouling system controlled in annex 1 are collected,
handled, treated and disposed of in a safe and environmentally sound
manner to protect human health and the environment
SURVEY AND CERTIFICATION
Article 10 of the Convention requires a party to the Convention to

ensure that ships entitled to fly its flag or operating under its authority
are surveyed and certified in accordance with the regulations
Article 11 provides for the inspection of ships to which the Convention
applies to be inspected in any port, ship yard or offshore terminal of a
Party, to be inspected by officers authorised by the Party for the
purpose of determining whether the ship is in compliance with the
Convention
Unless there are clear grounds for believing that a ship is in violation of
the Convention, any such inspection shall be limited to:
Verifying that, where required, there is on board a valid International
Anti-Fouling System Certificate or a declaration on Anti-Fouling
System
A brief sampling of the ship’s anti-fouling system that does not affect
the integrity, structure, or operation of the anti-fouling system taking
into account guidelines developed by the IMO
Unless there are clear grounds for believing that a ship is in violation of
the Convention, any such inspection shall be limited to:
A ship may not be unduly delayed due to the time required to process
the results of such sampling i.e a ship may not be prevented from
movement and departure
When a ship is unduly detained or unduly delayed, it shall be entitled
to compensation for any loss or damage suffered
PUNITIVE STEPS AGAINST A SHIP IN VIOLATION
Any violation of this Convention shall be prohibited and sanctions

shall be established under the law of the Administration of the ship
concerned wherever the violation occurs
Any violation of this Convention within the jurisdiction of any Party
shall be prohibited and sanctions shall be established under the law of
that Party
PUNITIVE STEPS AGAINST A SHIP IN VIOLATION
A Party taking such action against a ship for the reason that the ship does
not comply with this Convention shall immediately inform the
Administration of the ship concerned
Parties shall cooperate in the detection of violations
A party may also inspect a ship when it enters the ports, shipyards, or
offshore terminals under its jurisdiction, if a request for an investigation
is received from any Party, together with sufficient evidence that a ship is
operating or has operated in violation of the Convention
Guidelines on the Enhanced Program of

Inspections During Surveys of Bulk
Carriers and Oil Tankers
Application
The Guidelines should apply to surveys of hull structure and piping

systems in way of cargo holds, cofferdams, pipe tunnels, void spaces
within the cargo length area and all ballast tanks. The surveys should be
carried out during the surveys prescribed by the 1974 SOLAS Convention,
as amended.
Application
The Guidelines contain the extent of examination, thickness

measurements and tank testing. The survey should be extended when
substantial corrosion and/or structural defects are found and include
additional close-up survey when necessary.
Definition
Overall survey is a survey intended to report on the overall condition

of the hull structure and determine the extent of additional close-up
surveys.
Close-up survey is a survey where the details of structural components
are within the close visual inspection range of the surveyor, i.e.
preferably within reach of hand.
Definition
Critical structural areas are locations which have been identified from
calculations to require monitoring or from the service history of the
subject ship or from similar or sister ships to be sensitive to cracking,
buckling or corrosion which would impair the structural integrity of the
ship.
Intermediate enhanced survey is an enhanced survey carried out either
at the second or third annual survey or between these surveys.
ENHANCED SURVEY CARRIED OUT DURING

PERIODICAL SURVEY
General
The enhanced survey may be commenced at the fourth annual survey

and be progressed during the succeeding year with a view to
completion by the fifth anniversary date.
As part of the preparation for the enhanced survey, the thickness

measurement and survey program should be dealt with, in advance of
the enhanced survey. The thickness measurement should not be held
before the fourth annual survey.
The survey should include, in addition to the requirements of the annual
survey, examination, tests and checks of sufficient extent to ensure that
the hull and related piping is in a satisfactory condition and is fit for its
intended purpose for the new period of validity of the Cargo Ship Safety
Construction Certificate, subject to proper maintenance and operation
and to periodical surveys being carried out
Dry-dock survey
A survey in dry-dock should be a part of the enhanced survey during

periodical survey. There should be a minimum of two inspections of the
outside of the ship's bottom during the 5-year period of the certificate.
In all cases, the maximum interval between bottom inspections should
not exceed 36 months.
Tank corrosion prevention system
Where provided, the condition of the corrosion prevention

system of ballast tanks should be examined. For ballast tanks,
excluding double bottom tanks, where a coating is found in
POOR condition, and it is not renewed, or where a coating has
not been applied, the tanks in question should be examined at
annual intervals.
Hatch covers and coamings
Random checking of the satisfactory operation of mechanically

operated hatch covers should be made, including:
.1 stowage and securing in open condition;
.2 proper fit and efficiency of sealing in closed condition;
.3 operational testing of hydraulic and power components, wires,
chains, and link drives;
Extent of overall and close-up surveys
Extent of thickness measurements
Extent of tank pressure testing

ENHANCED SURVEY CARRIED OUT DURING

ANNUAL SURVEY
General
The survey should consist of an examination for the purpose

of ensuring, as far as practicable, that the hull hatch covers,
coamings and piping are maintained in a satisfactory
condition and should take into account the service history,
condition and extent of the corrosion prevention system of
ballast tanks and areas identified in the survey report file.
Examination of the hull
Examination of the hull plating and its closing appliances should

be carried out as far as can be seen.
Examination of watertight penetrations should be carried out as
far as practicable.
Examination of hatch covers and coamings
It should be confirmed that no unapproved changes have been

made to the hatch covers, hatch coamings and their securing
and sealing devices since the last survey
Where mechanically operated steel covers are fitted, the satisfactory
condition of the following should be confirmed:
hatch covers;
tightness devices of longitudinal, transverse and intermediate cross junctions
(gaskets, gasket lips, compression bars, drainage channels);
clamping devices, retaining bars, cleating;
chain or rope pulleys;
guides;
guide rails and track wheels;
stoppers, etc;
Examination of cargo holds
For bulk carriers over 10 years of age, an overall survey of a

representative forward and after cargo hold should be carried
out. Where this level of survey reveals the need for remedial
measures, the survey should be extended to include an overall
survey of all cargo holds.
Examination of ballast tanks
Examination of ballast tanks should be carried out when required as a

consequence of the results of the periodical survey and intermediate
enhanced survey. When extensive corrosion is found, thickness
measurements should be carried out.
INTERMEDIATE ENHANCED SURVEY

General
Those items which are additional to the requirements of the annual

survey may be surveyed either at the second or third annual survey or
between these surveys.
In the case of bulk carriers over 5 years of age the intermediate enhanced
survey should include, in addition to the requirements of the annual
surveys
Ballast tanks
An overall survey of representative ballast tanks selected by the surveyor

should be carried out. For ships over 10 years of age, all ballast tanks
should be examined. If such inspections reveal no visible structural
defects, the examination may be limited to a verification that the coating
remains efficient.
Cargo holds
An overall survey of all cargo holds, including a close-up survey of

sufficient extent, should be carried out to establish the condition of:
shell frames and their end attachments and transverse bulkheads in
the forward cargo hold and one other selected cargo hold;
areas found suspect according to 1.2.8 at the previous periodical
survey.
Extent of thickness measurements
Thickness measurements should be carried out to an extent sufficient

to determine both general and local corrosion levels at areas subject
to close-up survey
The thickness measurements may be dispensed with provided the
surveyor is satisfied by the close-up survey, that there is no structural
diminution and the coating where applied remains effective.
LIST OF DOCUMENTS AND

CERTIFICATES REQUIRED ON BOARD
Validity of Statutory Certificates
(1) International Load Line Certificate: 5 years

(2) Cargo Ship Safety Construction Certificate: 5 years
(3) Cargo Ship Safety Equipment Certificate: 5 years
(4) Cargo Ship Safety Radio Certificate: 5 years
(5) Cargo Ship Safety Certificate: 5 years
(6) Passenger Ship Safety Certificate: 1 year
(7) Exemption Certificate: the same as the relevant Convention Certificate
(8) International Oil Pollution Prevention Certificate: 5 years
(9) International Pollution Prevention Certificate for the Carriage of Noxious Liquid
Substances in Bulk: 5 years
(10) International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk: 5 years
(11) International Certificate of Fitness for the Carriage of Dangerous Liquid Chemicals in
Bulk: 5 years
(12) Certificates in compliance with the ISM Code
(a) DOC 5 years
(b) SMC 5 years
(c) Interim DOC not longer than 12 months
(d) Interim SMC not longer than 6 months
(13) ISSC and Interim ISSC

(a) ISSC: 5 years
(b) Interim ISSC: not longer than 6 months
(14) International Sewage Pollution Prevention Certificate: 5 years
(15) Certificate of Fitness for Ship Carrying Dangerous Goods: 5 years
(16) International Air Pollution Prevention Certificate: 5 years
(17) MLC and Interim MLC
(a) MLC: 5 years
(b) Interim MLC: not longer than 6 months
International Convention on
Load Lines
In the 1966 Load Lines convention, adopted by IMO, provisions are made for
determining the freeboard of ships by subdivision and damage stability
calculations.

The regulations take into account the potential hazards present in different
zones and different seasons. The technical annex contains several additional
safety measures concerning doors, freeing ports, hatchways and other
items. The main purpose of these measures is to ensure the watertight
integrity of ships' hulls below the freeboard deck.
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.
The Convention includes three annexes.
Annex I is divided into four Chapters:
• Chapter I - General;
• Chapter II - Conditions of assignment of freeboard;
• Chapter III - Freeboards;
• Chapter IV - Special requirements for ships assigned timber freeboards
Freeboard Assignment
It has long been recognized that limitations on the draught to which a ship may be
loaded make a significant contribution to her safety. These limits are given in the
form of freeboards, which constitute, besides external weather tight and watertight
integrity, the main objective of the Convention.
In the 1966 Load Lines convention, adopted by IMO, provisions are made for
determining the freeboard of ships by subdivision and damage stability calculations.
Record of freeboards
The first International Convention on Load Lines, adopted in 1930, was based on
the principle of reserve buoyancy, although it was recognized then that the
freeboard should also ensure adequate stability and avoid excessive stress on
the ship's hull as a result of overloading.
Must record data on freeboard, stability and recording of draughts in the
Official log books. Documentation and records that must be maintained on the
ship.
Record of particulars
After any survey has been completed no change should be made in the
structure, equipment or other matters covered by the survey without
the sanction of the Administration
After repairs or alterations, a ship should comply with at least the

requirements previously applicable and that, after major repairs or
alterations, ships should comply with the requirements for a new ship
in so far as the Administration deems reasonable and practicable
PREPARATION FOR A LOAD LINE SURVEY
1. Check that all access openings at ends of enclosed structures are in

good conditions. All dogs, clamps and hinges to be free and well
greased. All gaskets and water-tight seals should be crack free. Ensure
that the doors open from both sides
2. Check all cargo hatches and access to holds for weather tightness
3. Check the efficiency and securing of portable beams
4. If portable wooden hatch covers are used check that they are in good
condition
5. If tarpaulins are used at least two should be provided for each hatch and in
good condition
6. Inspect all machinery space opening on exposed deck
7. Check that any manholes and flush scuttles are capable of being made
watertight
8. Check that all ventilator openings are provided with efficient weathertight
closing appliance
9. All airpipe should be provided with satisfactory means for closing and
opening
10. Inspect any cargo ports below the freeboard deck and ensure that all
of them are watertight
11. Ensure that non return valves on overboard valves are operating in a
satisfactory manner
12. Side scuttles and openings below the freeboard deck must have
efficient internal watertight deadlights
13. Check that all freeing ports are in satisfactory conditions

14. All guard-rails and bulwarks should be satisfactory condition
15. Derust and paint the deck line, loadline marks, load line and the
draught marks
The appropriate load lines on the sides of the ship corresponding to the
season and to the zone or area in which the ship may be must not be
submerged at any time when the ship puts to sea, during the voyage or on
arrival
When a ship is in fresh water of unit density the appropriate load line may
be submerged by the amount of the fresh water allowance shown on the
International Load Line Certificate (1966)
When a ship departs from port situated on a river or inland waters,

deeper loading is permitted corresponding to the weight of fuel and all
other materials required for consumption between the point of departure
and the sea
APPROPRIATE LOAD LINES AND SEASONAL ZONES, AREAS AND PERIODS
Ports on Boundary Lines
For the purpose of applying the provisions of this Schedule to a ship at a port
which stands on the boundary line between two zones or areas or between
a zone and an area, or which is required by this Schedule to be considered as
being on such a boundary line, the port shall be deemed to be within the
zone or area into which the ship is about to proceed from which she has
arrived as the case may be.
Article 19
Duration of Certificates
An International Load Line Certificate (1966) shall be cancelled by the

Administration if any of the following circumstances exist:
a) material alterations have taken place in the hull or superstructures of the
ship such as would necessitate the assignment of an increased freeboard;
b) The fittings and appliances mentioned in sub-paragraph (c) of

paragraph (1) of Article 14 are not maintained in an effective condition;
c) The certificate is not endorsed to show that the ship has been
inspected as provided in sub-paragraph (c) of paragraph (1) of Article 14;
d) The structural strength of the ship is lowered to such an extent that
the ship is unsafe.
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA
Regulation 10
Distress messages – obligations and procedures
(a) The master of a ship at sea, on receiving a signal from any source that a
ship or aircraft or survival craft thereof is in distress, is bound to proceed
with all speed to the assistance of the persons in distress informing them if
possible that he is doing so.
(b) The master of a ship in distress, after consultation, so far as may be

possible, with the masters of the ships which answer his call for assistance,
has the right to requisition such one or more of those ships as he considers
best able to render assistance, and it shall be the duty of the master or
masters of the ship or ships requisitioned to comply with the requisition by
continuing to proceed with all speed to the assistance of persons in distress.
(c) The master of a ship shall be released from the obligation imposed by
paragraph (a) of this Regulation when he learns that one or more ships
other than his own have been requisitioned and are complying with the
requisition.
(d) The master of a ship shall be released from the obligation imposed by
paragraph (a) of this Regulation, and, if his ship has been requisitioned,
from the obligation imposed by paragraph (b) of this Regulation, if he is
informed by the persons in distress or by the master of another ship
which has reached such persons that assistance is no longer necessary.
RESPONSIBILITIES OF A MASTER
Obligations and Procedures
1. On receiving a distress call, at sea, you are bound to proceed at all
speed to assist, informing the distressed party of your intention.
Realistically, you may not be able to do this because of distance and fuel
constraints, size of vessel or weather conditions. You must never put your
own vessel at risk. Because of the number of other more suitable vessels
who are responding, you may consider it unnecessary to do so.
RESPONSIBILITIES OF A MASTER
Obligations and Procedures
2. The Master of the distressed vessel has the right to requisition one or
more vessels which he considers are best able to render assistance out of
the vessels that have answered his call. This is done through consultation
and it is not likely that you would be requisitioned if you have already
decided that it would not be safe for you to respond.
3. All parties are released from their obligation when either the Master of
the vessel in distress or the Master of another vessel at the scene
indicates that assistance is no longer necessary.
All equipment fitted in compliance with Reg. V/12 must be of a type

approved by the Administration
All ships should be sufficiently and efficiently manned
The manning is subject to Port State Control inspection
ANNEX 3
1.) The following information should be included in the minimum safe manning
document issued by the Administration specifying the minimum safe manning level:
1.1) a clear statement of the ship's name, port of registry, distinctive number or
letters, IMO number, gross tonnage, main propulsion power, type and trading area
and whether or not the machinery space is unattended;
1.2) a table showing the number and grades/capacities of the personnel required to
be carried, together with any special conditions or other remarks;
1.3) a formal statement by the Administration that, in accordance with the

principles and guidelines set out in Annexes 1 and 2, the ship named in the
document is considered to be safely manned if, whenever it proceeds to sea,
it carries not less than the number and grades/capacities of personnel shown
in the document, subject to any special conditions stated therein;
1.4) a statement as to any limitations on the validity of the document by
reference to particulars of the individual ship and the nature of service upon
which it is engaged; and
1.5) the date of issue and any expiry date of the document together
with a signature for and the seal of the Administration.
2.) It is recommended that the minimum safe manning document be

drawn up in the form corresponding to the model given in the appendix
to this Annex. If the language used is not English, the information given
should include a translation into English.

Regulation 26
Within 12 hours before departure, the ship's steering gear shall be checked
and tested by the ship's crew. The test procedure shall include, where
applicable, the operation of the following:
1. the main steering gear;
2. the auxiliary steering gear;
3. the remote steering gear control systems;
4. the steering positions located on the navigation bridge;
5. the emergency power supply;

6. the rudder angle indicators in relation to the actual position of the
rudder;
7. the remote steering gear control system power failure alarms;
8. the steering gear power unit failure alarms; and
9. automatic isolating arrangements and other automatic equipment.
2.The checks and tests shall include:

2.1the full movement of the rudder according to the required capabilities
of the steering gear;
2.2 a visual inspection for the steering gear and its connecting linkage; and
2.3 the operation of the means of communication between the navigation
bridge and steering gear compartment.
3.1 Simple operating instructions with a block diagram showing the

change-over procedures for remote steering gear control systems and
steering gear power units shall be permanently displayed on the
navigation bridge and in the steering compartment.
3.2 All ships' officers concerned with the operation and/or maintenance
of steering gear shall be familiar with the operation of the steering
systems fitted on the ship and with the procedures for changing from one
system to another.
4. In addition to the routine checks and tests prescribed in paragraphs 1

and 2, emergency steering drills shall take place at least once every three
months in order to practise emergency steering procedures. These drills
shall include direct control within the steering gear compartment, the
communications procedure with the navigation bridge and, where
applicable, the operation of alternative power supplies.
5.The Administration may waive the requirements to carry out the checks
and tests prescribed in paragraphs 1 and 2 for ships which regularly
engage on voyages of short duration. Such ships shall carry out these
checks and tests at least once every week.
6.The date upon which the checks and tests prescribed in paragraphs 1
and 2 are carried out and the date and details of emergency steering
drills carried out under paragraph 4, shall be recorded.
Annex 18 - Steering Gear, Heading and Track Control Systems
12.) Recording tests and checks - Regulation 26.6 requires steering

gear checks and tests to be recorded. The date, time and place that the
checks and emergency steering gear drills are carried out should be
recorded by the master in the official logbook. On ships not required to
carry an official logbook a record of the tests, checks and drills should
be retained on board by the master or skipper and available for
inspection on request.
The International Maritime Dangerous Goods (IMDG) Code
Carriage of dangerous goods

Regulation 1 Application
1. Unless expressly provided otherwise, this part applies to dangerous

goods classified under regulation 2 which are carried in packaged form or
in solid form in bulk (hereinafter referred to as “dangerous goods”), in all
ships to which the present regulations apply and in cargo ships of less than
500 gross tonnage.
2. The provisions of this part do not apply to ships’ stores and equipment.
3. The carriage of dangerous goods is prohibited except in accordance
with the provisions of this part. In addition, the requirements of part D
shall apply to the carriage of INF cargoes as defined in regulation 14.2.
4. The carriage of dangerous goods, including classification, packaging,
marking, documentation, stowage and separation, shall, be carried out in
compliance with the International Maritime Dangerous Goods Code (the
IMDG Code) drawn up by the Organization
Regulation 2 Classification
Dangerous goods shall be divided into the following classes:

Class 1 Explosives
Class 2 Gases: compressed, liquefied or dissolved under pressure
Class 3 Flammable liquids
Class 4.1 Flammable solids
Class 4.2 Substances liable to spontaneous combustion
Class 4.3 Substances which, in contact with water, emit flammable
gases
Class 5.1 Oxidizing substances

Class 5.2 Organic peroxides
Class 6.1 Toxic substances
Class 6.2 Infectious substances
Class 7 Radioactive materials
Class 8 Corrosives
Class 9 Miscellaneous dangerous substances and articles, i.e. any other
substance which experience has shown, or may show, to be of such a
dangerous character that the provisions of this part shall apply to it.
Regulation 3 Packaging
1 The packaging of dangerous goods shall be:

.1 well made and in good condition,
.2 of such a character that any interior surface with which the
contents may come in contact is not dangerously
affected by the substance being conveyed; and
.3 capable of withstanding the ordinary risks of handling
and carriage by sea.
Regulation 4 Marking, labelling and placarding
1. Packages containing dangerous goods shall be durably marked

with the correct technical name; trade names alone shall not be
used.
2. Packages containing dangerous goods shall be provided with
distinctive labels or stencils of the labels, or placards, as
appropriate, so as to make clear the dangerous properties of
the goods contained therein.
Regulation 5 Documents
1. In all documents relating to the carriage of dangerous goods by sea

where the goods are named, the correct technical name of the goods
shall be used (trade names alone shall not be used) and the correct
description given in accordance with the classification set out in
regulation 2.
Regulation 6 Stowage requirements
1. Dangerous goods shall be loaded, stowed and secured safety and

appropriately in accordance with the nature of the goods. Incompatible
goods shall be segregated from one another.
2. Explosives (except ammunition) which present a serious risk shall be
stowed in a magazine which shall be kept securely closed while at sea.
Regulation 7 Explosives in passenger ships
Explosives in division 1.4, compatibility group S, may be carried in any

amount in passenger ships. No other explosives may be carried except
any one of the following:
.1 explosive articles for life-saving purposes, if the total net explosives
mass of such articles does not exceed 50 kg per ship; or
.2 explosives in compatibility groups C, D and E, if the total net
explosives mass does not exceed 10 kg per ship; or
Regulation 7-1 Reporting of incidents involving dangerous goods
1. When an incident takes place involving the loss or likely loss

overboard of dangerous goods into the sea, the master, or other person
having charge of the ship, shall report the particulars of such an
incident without delay and to the fullest extent possible to the nearest
coastal State. The report shall be based on the guidelines and general
principles adopted by the Organization
International Convention for the Prevention of Pollution from

Ships
Annex I — Oil
After survey has been completed, no change should be made in

the structure, equipment, fittings, arrangements or materials
without the sanction of the Administration, except the direct
replacement of equipment and fittings
Requirements for the owner and the master of a ship
A report must be forwarded to the Certifying Authority at the earliest

opportunity if an accident occurs, or a defect is detected that
substantially affects the integrity of the ship or the efficiency or
completeness of its equipment. If this happens to a United Kingdom ship
in a foreign port the accident or defect must also be immediately
reported to the appropriate authorities of the country in which the port
is situated. This report may or may not result in a further survey.
The dates of intermediate and annual surveys are endorsed on the IOPP
Certificate
A record of construction and equipment is attached as a supplement to
the IOPP Certificate
Annex I- Regulations for the Prevention of Pollution by Oil

Chapter 2 - Surveys and certification
Regulation 10 - Duration and validity of certificate
1. An International Oil Pollution Prevention Certificate shall be issued for a
period specified by the Administration, which shall not exceed five years.
2.1 Notwithstanding the requirements of paragraph 1 of this regulation,
when the renewal survey is completed within 3 months before the expiry
date of the existing certificate, the new certificate shall be valid from the
date of completion of the renewal survey to a date not exceeding 5 years
from the date of expiry of the existing certificate.
All new crude oil tankers of 20,000 tonnes deadweight and above must be
fitted with a crude oil washing system
The competent authority of the Government of a Party to the Convention
may inspect the Oil Record Book while the ship is in its port or offshore
terminals and may make a copy of any entry and may require the master
to certify that the copy is a true copy of such entry
A copy certified by the master is admissible in any judicial proceedings as
evidence of the facts stated in the entry
The master should be provided with information relative to loading and

distribution of cargo necessary to ensure compliance with the regulation
on subdivision and stability and the ability of the ship to comply with the
damage stability criteria
All ships of 400gt or more must carry an approved shipboard oil pollution
emergency plan (SOPEP)
Annex II — Noxious Liquid Substances in Bulk
1. An International Pollution Prevention Certificate for the Carriage of

Noxious Liquid Substances in Bulk shall be issued for a period specified by
the Administration which shall not exceed 5 years.
2.1 Notwithstanding the requirements of paragraph 1 of this regulation,
when the renewal survey is completed within 3 months before the expiry
date of the existing Certificate, the new Certificate shall be valid from the
date of completion of the renewal survey to a date not exceeding 5 years
from the date of expiry of the existing Certificate.
The International Code for the Construction and Equipment of

Ships carrying Dangerous Chemicals in Bulk (IBC Code)
The IBC Code provides an international standard for the safe carriage in
bulk by sea of dangerous chemicals and noxious liquid substances listed in
chapter 17 of the Code. To minimize the risks to ships, their crews and
the environment, the Code prescribes the design and construction
standards of ships and the equipment they should carry, with due regard
to the nature of the products involved. In December 1985, by resolution
MEPC.19(22), the Code was extended to cover marine pollution aspects
and applies to ships built after 1 July 1986
Code for the Construction Equipment of Ships Carrying

Dangerous Chemicals in Bulk (BCH Code)
Under regulation 11 of Annex II to MARPOL 73/78, 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) – the predecessor of the IBC Code. The BCH
Code remains as a recommendation under the 1974 SOLAS Convention.
Carrying Liquefied Gases in Bulk (IGC Code)
The International Code of the Construction and Equipment of Ships

Carrying Liquefied Gases in Bulk (IGC Code), adopted by
resolution MSC.5(48), has been mandatory under SOLAS chapter VII
since 1 July 1986. The IGC Code applies to ships regardless of their size,
including those of less than 500 gross tonnage, engaged in carriage of
liquefied gases having a vapour pressure exceeding 2.8 bar absolute at
a temperature of 37.8°C, and certain other substances listed in chapter
19 of the Code.
Annex Ill — Harmful Substances Carried by Sea in Packaged

Forms, or in Freight Containers, Portable Tanks or Tank Wagons
The master of the ship, or his representative, should notify the

appropriate port authority of the intention to load or unload certain
harmful substances at least 24 hours in advance
Annex IV — Regulations for the Prevention of Pollution by

Sewage from Ships
Definitions:
Sewage means:
1. drainage and other wastes from any form of toilets and urinals;
2. drainage from medical premises (dispensary, sick bay, etc.) via wash
basins, wash tubs and scuppers located in such premises;
3. drainage from spaces containing living animals; or
4. other waste waters when mixed with the drainages defined above.
Holding tank - means a tank used for the collection and storage of
sewage.
Nearest land - The term "from the nearest land" means from the baseline
from which the territorial sea of the territory in question is established in
accordance with international law except that, for the purposes of the
present Convention, ''from the nearest land'' off the north-eastern coast
of Australia shall mean from a line drawn from a point on the coast of
Australia in:
Chapter 2 Surveys and certification Reg. 4- Surveys
Every ship which, in accordance with regulation 2, is required to comply with

the provisions of this Annex shall be subject to the surveys specified below:
An initial survey before the ship is put in service or before the Certificate
required under regulation 5 of this Annex is issued for the first time, which shall
include a complete survey of its structure, equipment, systems, fittings,
arrangements and material in so far as the ship is covered by this Annex
Chapter 2 - Surveys and certification
Regulation 8 – Duration and validity of Certificate
1. An International Sewage Pollution Prevention Certificate shall be issued

for a period specified by the Administration which shall not exceed five
years.
2. Notwithstanding the requirements of paragraph 1 of this regulation,
when the renewal survey is completed within three months before the
expiry date of the existing Certificate, the new Certificate shall be valid
from the date of completion of the renewal survey to a date not
exceeding five years from the date of expiry of the existing Certificate.
Chapter 3 - Equipment and control of discharge
Regulation 9 - Sewage systems
Every ship which, in accordance with regulation 2, is required to comply
with the provisions of this Annex shall be equipped with one of the
following sewage systems:
1. A sewage treatment plant which shall be of a type approved by the

Administration, taking into account the standards and test methods
developed by the Organization,* or
Annex V- Regulations for the Prevention of Pollution by Garbage from
Ships
Regulation 2 – Application
Unless expressly provided otherwise, the provisions of this Annex shall

apply to all ships.
When garbage is mixed with other discharges having different disposal
requirements, the more stringent requirements apply
Regulation 3 - Disposal of garbage outside special areas
Subject to the provisions of regulations 4, 5 and 6 of this Annex:
a. the disposal into the sea of all plastics, including but not limited to
synthetic ropes, synthetic fishing nets, plastic garbage bags and
incinerator ashes from plastic products which may contain toxic or
heavy metal residues, is prohibited;
Regulation 4 - Special requirements for disposal of garbage
1. Subject to the provisions of paragraph (2) of this regulation, the

disposal of any materials regulated by this Annex is prohibited from
fixed or floating platforms engaged in the exploration, exploitation and
associated offshore processing of sea-bed mineral resources, and from
all other ships when alongside or within 500 m of such platforms.
Regulation 5 - Disposal of garbage within special areas
1. Subject to paragraphs (2) and (3), the disposal of any garbage from a
ship into the sea within any
2. Food wastes may be disposed from a ship into the sea within any
Special Area other than the Antarctic area and the Wider Carribbean
Region if, and only if, the disposal is made as far as practicable, and in
any case not less than 12 nautical miles, from the nearest land.
Regulation 6 – Exceptions
Regulations 3, 4 and 5 of this Annex shall not apply to:
a. the disposal of garbage from a ship necessary for the purpose of securing
the safety of a ship and those on board or saving life at sea; or
b. the escape of garbage resulting from damage to a ship or its equipment
provided all reasonable precautions have been taken before and after the
occurrence of the damage, for the purpose of preventing or minimizing the
escape; or
c. the accidental loss of synthetic fishing nets, provided that all reasonable
precautions have been taken to prevent such loss.
Regulation 9 - Placards, garbage management plans and garbage

record-keeping
1. (a) Every ship of 12 m or more in length overall shall display placards

which notify the crew and passengers of the disposal requirements of
regulations 3 and 5 of this Annex, as applicable.
(b) The placards shall be written in the working language of the ship's
personnel and, for ships engaged in voyages to ports or offshore
terminals under the jurisdiction of other Parties to the Convention, shall
also be in English, French or Spanish.
Annex VI - Regulations for the Prevention of Air

Pollution from Ships
Ratification Process
Protocol Requirements for entry into force
The Protocol is Ratified by 15 signature States to MARPOL with a

combined tonnage of 50% of World tonnage
The Current Status of Ratification is by 22 Countries (Signatories of
MARPOL Convention)
The Protocol was fully ratified in accordance with requirements on 18th May
2004 and has ENTERED INTO FORCE on 19th MAY 2005
Why MARPOL Annex VI?

Emission Gases from Ships
Oxides of Nitrogen (NOx) – create Ozone
Sulphur Oxides (SOx) – create acidification
Carbon Dioxide (CO2) – is a GHG
Carbon Monoxide (CO)
Hydrocarbons (HC) – gas, soot and some particulates
The concentration of the differing exhaust gases is variable according to the

engine type, engine settings and fuel type.
Chapter 2 - Survey, certification and means of control
Regulation 5 – Surveys
(1) Every ship of 400 gross tonnage and above and every fixed and floating
drilling rig and other platforms shall be subject to the surveys specified
below:
a. An initial survey before the ship is put into service or before the
certificate required under regulation 6 of this Annex is issued for the
first time.
b. A renewal survey at intervals specified by the Administration, but not
exceeding five years, except where regulation 9(2), 9(5),9(6) or 9(7) of
this Annex is applicable.
c. 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 certificate which shall take the place of one of the
annual surveys specified in paragraph (1)(d) of this regulation.
d. An annual survey within three months before or after each anniversary
date of the certificate, including a general inspection of the equipment,
systems, fittings, arrangements and material referred to in paragraph (1)(a)
of this regulation to ensure that they have been maintained in accordance
with paragraph (4) of this regulation and that they remain satisfactory for
the service for which the ship is intended
e. An additional survey either general or partial, according to the

circumstances, shall be made after a repair resulting from
investigations prescribed in paragraph (4) of this regulation, or
whenever any important repairs or renewals are made.
Chapter 2 - Survey, certification and means of control
Regulation 9 - Duration and validity of Certificate
(1) An International Air Pollution Prevention Certificate shall be issued for a

period specified by the Administration, which shall not exceed five years.
2 (a) Notwithstanding the requirements of paragraph (1) of this regulation,
when the renewal survey is completed within three months before the
expiry date of the existing certificate, the new certificate shall be valid from
the date of completion of the renewal survey to a date not exceeding five
years from the date of expiry of the existing certificate.
3. If a certificate is issued for a period of less than five years, the

Administration may extend the validity of the certificate beyond the
expiry date to the maximum period specified in paragraph (1) of this
regulation, provided that the surveys referred to in regulations 5(1)(c)
and 5(1)(d)of this Annex applicable when a certificate is issued for a
period of five years are carried out as appropriate.
The Regulations
There are 19 Regulations but the following Regulations will
impact Vessel operation for ALL VESSELS ABOVE 400 grt
Regulation 12 – Ozone Depleting Substances
Regulation 13 – NOx emissions
Regulation 14 – Sulphur Oxide emissions
Regulation 15 – VOC emissions
Regulation 16 – Shipboard Incinerators
Regulation 18 – Fuel Oil Quality control
Regulation 12 Ozone Depleting Substances

“Deliberate” Emissions of Ozone Depleting Substances (HFCs) are
prohibited
New installations can only use HCFCs (hydrochlorofluorocarbons) until 1st
Jan 2020.
These substances, when removed from ships, must be delivered to
reception facilities
Regulation 13 – NOx
For all Engines (except emergency engines) installed on ships after 1st January
2000 of more than 130 kW must comply to this Regulation.
The NOx emission is limited to 17 g/kW h for engines operating at 130 rpm
but reducing to 9.8 g/kW h for 2000 rpm. Between these revs the limit is
designated by equation:
45 * n(-0.2) g/kW h
Existing engines can become a “new” engine if substantially modified.
Regulation 13 - NOx
Regulation 13 requirements are fully defined by the NOx Technical
Code – recommended technical reading.
Certification of the engine on manufacture and checked on installation
for settings
Certificates required for Ships – EIAPP & IAPP
PSC Inspection of the engine by
Parameter Check method (Engine Technical File)
Simplified measurement method
Regulation 13 sets NOx emission limits for diesel engines with a power
output of more than 130kW installed on ships built on or after 1 January
2000, and diesel engines of similar power undergoing a major conversion
on or after 1 January 2000
Regulation 13 does not apply to emergency diesel engines, engines
installed in lifeboats and any device or equipment intended to be used
solely in case of emergency, or engines installed on ships solely engaged
in voyages within waters subject to the sovereignty or jurisdiction of the
flag State, provided that such engines are subject to an alternative NOx
control measure established by the Administration
Regulation 13
Nitrogen oxide (NOX) emissions from diesel engines
regulation 13 shall apply to:
- each diesel engine with a power output of more than 130 kw which is
installed on a ship constructed on or after 1 January 2000.
- each diesel engine with a power output of more than 130 kw which
undergoes a major conversion on or after 1 January 2000.
- each diesel engine with a power output of more than 5000 kw and a per
cylinder displacement at or above 90 liters which is installed on a ship
constructed on or after 1 January 1990 but prior to 1 January 2000.
THIS REGULATION DOES NOT APPLY TO:
- emergency diesel engines, engines installed in life boats or for any equipment
intended to be used solely in case of emergency.
- engines used solely to drive machinery dedicated to exploration, exploitation and
associated offshore processed of seabed mineral resources the phrase “major
conversion”, means a modification of an engine where:
1. The engine is replaced by a new engine built on or after 1 january 2000, or
2. Any substantial modification is made to the engine, as described in the nox
technical code 1.3.2 (e.g. changing camshaft,fuel injection system, or any other
nox-related settings or components), or
3. The maximum continuous rating of the engine is increased by more than 10% for
this purpose, substantial modification is defined as follows:
- For engines installed on vessels constructed on or after 1 january 2000, a

substantial modification means any modification to an engine that could
potentially cause the engine to exceed the emission standards set out in
regulation 13 of annex vi.
- For engines installed on vessels constructed before 1 january 2000, a
substantial modification means any modification made to an engine
which increases its existing emission characteristics established by the
simplified measurement method as described in 6.3 in excess of the
allowances set out in 6.3.11(ref. NOX technical file.).
Regulation 13 contains further a 3-tier approach as follows:
Tier I (current limits)
For diesel engines installed on ships constructed from 1 january 2000 to 1.

January 2011 allowable emissions of total weighted nox depending on
engine speed, n, are: i. 17,0 g/kwh when n is less than 130 rpm II. 45,0 ×
n(-0,2) g/kwh when n is 130 or more but less than 2000 rpmIII. 9,8 g/kwh
when n is 2000 rpm or more
Tier II
For diesel engines installed on ships constructed on or after 1 january

2011 allowable emissions of total weighted nox depending on engine
speed, n, are: i. 14,4 g/kwh when n is less than 130 rpm ii. 44,0 × n(-0,23)
g/kwh when n is 130 or more but less than 2000 rpm iii. 7,7 g/kwh when n
is 2000 rpm or more
TIER III
Ships constructed on or after 1 january 2016 will have additional

limitations when operating in an emission control area. for tier iii ships
operating in the nox ecas the allowable emissions of total weighted nox
depending on engine speed, n, are: i. 3,4 g/kwh when n is less than 130
rpm ii. 9,0 × n(-0,2) g/kwh when n is 130 or more but less than 2000 rpm
iii. 2,0 g/kwh when n is 2000 rpm or more
Regulation 14 - SOx
The Worldwide sulphur cap on fuel oil is set at 4.5%.
Sulphur Emission Control areas (SECAs)
Areas – Baltic, North Sea and English Channel
Sulphur Level of fuel – 1.5% or;
Alternatively use an exhaust gas cleaning system
Ship must have cleared all pipe systems and tanks and be using low
sulphur fuel on entry
Regulations for the 1st SECA comes into force on 19th May 2006.
Shipboard Procedures for SECAs

Plan in advance for entry and enter commencement date of preparation in
Logbook together with bunker type quantities onboard.
Logbook entry when entry requirements met and entry into SECA - remember
Lat. & Long., date and time, together with bunker figures for each tank.
Maintain daily record of bunker use and quantification of bunker tanks whilst
in SECA.
DO NOT COMMENCE SHIFT TO HIGH SULPHUR FUEL UNTIL EXIT FROM SECA.
Log existing conditions for bunkers and Lat. & Long. with date and time.
Regulation 15 - VOCs
Subject to individual terminal regulations tankers may have to be equipped
with Vapour return manifold.
Notification of VOC control by a port to the IMO shall be 6 months before
enforcement.
Tankers can be can accept tankers upto 3 years after the date of VOC
control enforcement by the Terminal.
The standard for the design of VOC return manifold and operation is
contained in MSC/Circ.585.
Regulation 16 - Incinerators
Incinerators installed after 1st Jan 2000 to meet regulations and must
certified to meet the specifications in MEPC Resolution 76(40) (Appendix
IV of Annex VI).
Each incinerator must have a manufacturers operations manual.
Crew responsible for the incinerator operation shall be trained and follow
the operations manual.
Regulation 16 – Use of Incinerators

The following substances are prohibited from incineration:
Annex I, II and III cargo residues and related packing material.
PCBs.
Garbage as defined by Annex V containing heavy metals.
Petroleum Products containing halogens.
PVC can only be incinerated in type approved incinerators.
Flue gas temperatures shall be monitored and not less than 850 deg C for
continuous feed and reach 600 deg C within 5 minutes for batch feed.
Regulation 18 – Fuel Oil Quality

“Fuel oil shall be blends of hydrocarbons derived from petroleum refining”
“Fuel oil shall be free from inorganic acid”
“Fuel oil shall not include any added substance or chemical waste which
either:
Jeopardises the safety of ships or adversely affects the performance of the machinery,
or
Is harmful to personnel, or
Contributes overall to additional air pollution”

Bunker Delivery Note (BDN)
Becomes a Statutory document
Must be kept on board for 3 years for inspection and a copy may be taken for
further examination by PSC.
Must contain all data required by Appendix V
Name and IMO number of vessel
Port
Date of Commencement of delivery
Details of fuel oil supplier
Product name, quantity , Density at 15 0C and Sulphur content % m/m
A declaration that fuel supplied meets Regulation 14 and 18 requirements

Fuel Oil Sampling
A sealed sample meeting the requirements in associated guidelines has to supplied to
the ship by the bunker supplier
For each individual BDN a sample has to be taken at the vessel’s bunker receiving
manifold. (see procedure in associated guidelines) – ISM Manuals ??
The sample label has to be signed by both the bunker supplier’s representative and the
vessel’s Chief Engineer.
The sample size shall be not less than 400 mls
The sample is not to be used for any commercial purpose
The sample is to be retained on board for at least 1 year for inspection by PSC as
required
Shipboard Procedures for BDN and Samples

Adequate bunker manifold location for sampler attachment
External safe storage location for samples for 1 year period
Log book for sample retention and custody transfer
Safe storage for BDNs and other documents relating to bunkering on
board
Port/Flag State Control Guidelines

Proposed Guidelines from FSI 13 for MEPC 53 approval.
Initial inspections and Primary survey parameters – then “Clear
Grounds” for in-depth inspections
“In depth” inspection parameters
Detainable deficiencies
Non-Party ship inspections
Other Gas Emission Requirements

Greenhouse Gas Emissions
Greenhouse Gas Emission Indexing of Ships
CO2 Equation used for “Voyage” Calculations
C. Con. Factor * FCi / (M Cargoi * Dist i )
Where:
C. Con Factor for HFO = 3.11
C. Con Factor for MDO = 3.17
Distance = Loaded + Ballast distance (nm)
Other Regional Regulations

United States of America
NOx Regulations applicable only to US flagged ships
California Air Resources Board (CARB)
European Union – Directive 1999/32
Current Directive in force from July 2000
Subject to extension and amendments and due to come into force 2005
The Regulation 12(2) prohibits, on all ships, new installations containing
ozone-depleting substances, except that new installations containing
hydrochlorofluorocarbons (HCFCs) are permitted until 1 January 2020
The Regulation 12(2) prohibits, on all ships, new installations

containing ozone-depleting substances, except that new
installations containing hydrochlorofluorocarbons (HCFCs) are
permitted until 1 January 2020
Arrival Documents
and Procedures
International Health Regulations

(1969) as amended (IHR)
PART I - DEFINITIONS
“1. of a ship, an aircraft, a train, or a road vehicle means—

(a) in the case of a seagoing vessel, arrival at a port;
(b) in the case of an aircraft, arrival at an airport;
(c) in the case of an inland navigation vessel, arrival either at a port or
at a frontier post, as geographical conditions and treaties or
arrangements among the States concerned, under Article 85 or under
the laws and regulations in force in the territory of entry, may
determine
2. means the personal effects of a traveller or of a member of
the crew;
3. " means an article of transport equipment—
(a) of a permanent character and accordingly strong enough to be suitable
for repeated use;
(b) specially designed to facilitate the carriage of goods, by one or more
modes of transport, without intermediate reloading;
(c) fitted with devices permitting its ready handling, particularly its
transfer from one mode of transport to another;
(d) so designed as to be easy to fill and empty.
“4. means the personnel of a ship, an aircraft, a train, a road

vehicle or other means of transport who are employed for duties on board;
"diseases subject to the Regulations" (quarantinable diseases) means
cholera, including cholera due to the eltor vibrio, plague, and yellow fever;
“5 means the operation in which measures are taken to kill the
insect vectors of human disease present in ships, aircraft, trains, road
vehicles, other means of transport, and containers;
“6. means an extension of a disease subject to the Regulations
by a
multiplication of cases in an area;
“7. means permission for a ship to enter a port, disembark and

commence operation, or for an aircraft, after landing, to disembark and
commence operation;
“8. means the governmental authority responsible over the
whole of a territory to which these Regulations apply for the
implementation of the health measures provided herein;
“9. means the authority immediately responsible in its
jurisdiction for the appropriate health measures permitted or prescribed
by these Regulations;
“10. means a person who is suffering from a disease subject to the

Regulations or who is subsequently shown to have been incubating such
a disease;
“11. means that state or condition during which measures are
applied by a health authority to a ship, an aircraft, a train, road vehicle,
other means of transport or container, to prevent the spread of disease,
reservoirs of disease or vectors of disease from the object of quarantine;
“12. means—
(a) in the case of a ship or an aircraft, a voyage between ports or airports
in the territories of more than one State, or a voyage between ports or
airports in the territory or territories of the same State if the ship or
aircraft has relations with the territory of any other State on its voyage
but only as regards those relations;
(b) in the case of a person, a voyage involving entry into the territory of a
State other than the territory of the State in which that person
commences his voyage;
“13. when applied to a person or group of persons, means the

separation of that person or group of persons from other persons,
except the health staff on duty, in such a manner as to prevent the
spread of infection;
“14 “ includes visit to and inspection of a ship, an aircraft, a train,
road vehicle, other means of transport, and container, and the
preliminary examination of persons, including scrutiny of vaccination
certificates, but does not include the periodical inspection of a ship to
ascertain the need for deratting;
“15 means a seagoing or an inland navigation vessel making an

international voyage;
“16. means a person who is considered by the health authority as
having been exposed to infection by a disease subject to the Regulations and
is considered capable of spreading that disease;
“17 when applied to vaccination, means a certificate conforming
with the rules and the model laid down in Appendix 2.
A health authority should, if requested, issue, free of charge to the carrier,

a certificate specifying the measures applied to a ship or container, the
parts treated, methods used and the reasons why they have been applied
Except in an emergency constituting a grave danger to public health, a

ship which is not infected or suspected of being infected with a disease
subject to the Regulations should not be refused free pratique on account
of any other epidemic disease and should not be prevented from
discharging or loading cargo or stores, or taking on fuel or water
Departing travelers
The health authorities for a port or airport shall take all practicable measures:
(a) to prevent departure of infected person or suspect
(b) to prevent introduction onboard of any possible agents of infection
The health authority may require a valid vaccination certificate from

departing travelers.
A health authority may take all practicable measures to control the

discharge from any ship of sewage and refuse which might contaminate
the waters of a port, river or canal
The health authority for a port or an airport or for the area in which a
frontier post is situated shall take all practicable measures:
(a) to prevent the departure of any infected person or suspect;
(b) to prevent the introduction on board a ship, an aircraft, a train, a road
vehicle, other means of transport, or container, of possible agents of
infection or vectors of a disease subject to the Regulations.
Health Authority & Administration

18. should, if requested, issue, free of charge to the carrier, a
certificate specifying the measures applied to a ship or container, the parts
treated, methods used and the reasons why they have been applied
Where it is not possible to comply with the notification before arrival the
19 of a ship must notify the Port Health Authority immediately on
arrival, of any circumstances requiring the attention of the Medical Officer.
Public Health
Except in an emergency constituting a grave danger to public health, a ship
which is not infected or suspected of being infected with a disease subject to
the Regulations should not be refused free pratique on account of any other
epidemic disease and should not be prevented from discharging or loading
cargo or stores, or taking on fuel or water.
Reporting of Health Issues

The Master should inform port authorities as long as possible before arrival any
case of illness onboard for the interest of patient and to facilitate clearance of
ship.
Upon arrival, an infected person may be remove and isolated and that such
removal should be compulsory if required by the master.
Radio Free Pratique

For convenience free pratique may now be granted to vessels in advance
to arrival by ships telecommunications, as long as it fulfill certain
conditions with regards to sanitation and health.
By this, ships can now proceed directly to the assigned and available
dock upon arrival.
Unless you have suspected diseased or death onboard, in witch you
have to report in advance and the ship would have to proceed to the
quarantine anchorage area
Responsibilities
The master should make known to port authorities, as long as
possible before arrival, any case of illness on board, in the
interests of the patient and the health authorities and to
facilitate clearance of the ship.
On arrival of a ship, an infected person may be removed and
isolated and that such removal should be compulsory if
required by the master.
Chapter V—Measures concerning the International Transport of

Cargo, Goods, Baggage, and Mail
20.
1. Cargo and goods shall be submitted to the health measures provided
for in these Regulations only when coming from infected areas and
when the health authority has reason to believe that the cargo and
goods may have become contaminated by the agent of a disease
subject to the Regulations or may serve as a vehicle for the spread of
any such disease.
Article 47
Except in the case of an infected person or suspect, baggage

may be disinfected or disinsected only in the case of a person
carrying infectious material or insect vectors of a disease
subject to the Regulations.
PART V – SPECIAL PROVISIONS RELATING TO EACH OF THE DISEASES
SUBJECT TO THE REGULATIONS
Chapter I—Plague
Article 50-60
Article 50 - For the purposes of these Regulations the incubation period

of plague is six days.
Article 51 - Vaccination against plague shall not be required as a
condition of admission of any person to a territory.
PART V – SPECIAL PROVISIONS RELATING TO EACH OF THE DISEASES
SUBJECT TO THE REGULATIONS
Chapter II—Cholera
Article 61-64
Article 61 - For the purposes of these Regulations the incubation period

of cholera is five days.
Article 62
1. If on arrival of a ship, aircraft, train, road vehicle or other means of

transport a case of cholera is discovered, or a case has occurred on board,
the health authority (a) may apply surveillance or isolation of suspects
among passengers or crew for a period not to exceed five days reckoned
from the date of disembarkation; (b) shall be responsible for the supervision
of the removal and safe disposal of any water, food (excluding cargo), human
deject a, waste water including bilge water, waste matter, and any other
matter which is considered to be contaminated, and shall be responsible for
the disinfection of water tanks and food handling equipment.
PART V – SPECIAL PROVISIONS RELATING TO EACH OF THE DISEASES SUBJECT TO
THE REGULATIONS
Chapter III—Yellow Fever
Article 65 - For the purposes of these Regulations the incubation period of yellow
fever is six days
Article 66 –
1. Vaccination against yellow fever may be required of any person leaving an
infected area on an international voyage.
2. If such a person is in possession of a certificate of vaccination against yellow
fever which is not yet valid, he may nevertheless be permitted to depart, but
the provisions of Article 68 may be applied to him on arrival.
Article 67
1. Every person employed at a port or an airport situated in an
infected area, and every member of the crew of a ship or an aircraft
using any such port or airport, shall be in possession of a valid
certificate of vaccination against yellow fever.
2. Every aircraft leaving an airport situated in an infected area shall
bed is insected in accordance with Article 25, using methods
recommended by the Organization, and details of the disinsecting
shall be included in the Health Part of the Aircraft General
Declaration,
STCW
STCWCode
CodeTable
TableA-II/1
A-II/1and
andA-II/2
A-II/2
Article 68
A health authority in an area where the vector of yellow fever is present
may require a person on an international voyage, who has come from an
infected area and is unable to produce a valid certificate of vaccination
against yellow fever, to be isolated until his certificate becomes valid, or
until a period of not more than six days reckoned from the date of last
possible exposure to infection has elapsed, whichever occurs first.
Article 72
On arrival of a healthy ship or aircraft coming from an infected area, the
measures provided for in subparagraph (b) of paragraph 1 of Article 71
may be applied. The ship or aircraft shall thereupon be given free pratique.
Article 73
A State shall not prohibit the landing of an aircraft at any sanitary airport in
its territory if the measures provided for in paragraph 2 of Article 67 are
applied, but, in an area where the vector of yellow fever is present, aircraft
coming from an infected area may land only at airports specified by the
State for that purpose.
PART VI - HEALTH DOCUMENTS
Article 76
Bills of health, with or without consular visa, or any certificate, however
designated, concerning health conditions of a port or an airport, shall
not be required from any ship or aircraft.
Article 77
1. The master of a seagoing vessel making an international voyage,

before arrival at its first port of call in a territory, shall ascertain the
state of health on board, and , except when a health administration
does not require it, he shall, on arrival, complete and deliver to the
health authority for that port a Maritime Declaration of Health which
shall be countersigned by the ship's surgeon if one is carried.
Documents
The master, before arrival at its first port of call in a territory, shall complete and
deliver to the health authority for that port a Maritime Declaration of Health which
shall be countersigned by the ship's surgeon if one is carried.
The master, and the ship's surgeon if one is carried, shall supply any information
required by the health authority as to health conditions on board during the voyage.
Bills of health, with or without consular visa, or any certificate, however designated,
concerning health conditions of a port or an airport, shall not be required from any
ship or aircraft.
No health document, other than those provided for in the Regulations, should be
required in international traffic.
Article 78
1. The pilot in command of an aircraft, on landing at the first airport in
a territory, or his authorized agent, shall complete and deliver to the
health authority for that airport the Health Part of the Aircraft
General Declaration which shall conform with the model specified
in Appendix 4, except when a health administration does not
require it.
2. The pilot in command of an aircraft, or his authorized agent, shall
supply any information required by the health authority as to health
conditions on board duringn the voyage.
Ship Sanitation Control Certificate

A Ship Sanitation Certificate is a document that corroborates a ship's
compliance with maritime sanitation and quarantine rules specified in
article 39 of the International Health Regulation 2005.
SSC's are issued by competent health authorities in authorized ports,
after inspection. Certificates are valid for six months, revocable if
evidence of health risks are found, and the ship remains liable to
further inspection at all times.
The Ship Sanitation Certificates replaced the older Deratting Certificates
in 2007.
Ship sanitation certificates can be of two types:

1. Ship Sanitation Control Exemption Certificates (SSCEC) are issued to
vessels that have passed inspection that verifies that the ship is free of
animal vectors, potential disease reservoirs or ill humans.
2. Ship Sanitation Control Certificates (SSCC) are issued when a health risk is
found, and control measures (fumigation, etc.) have been successfully
carried out.
Conditions in which a ship on arrival is to be regarded as infected, suspected
or healthy
As of 15 June 2007 if evidence of a public health risk is found on board a ship

and the ship is not able to produce a valid DC/DEC or SSCEC/SSCC, the
competent authority may proceed to inspect the ship with one of three
possible outcomes.
Ship Sanitation Control Certificate

1. No evidence of a public health risk is found on board. The competent
authority may issue a SSCEC.
2. Evidence of a public health risk is found on board. The competent authority
satisfactorily completes or supervises the completion of the necessary
control measures and is required to issue a SSCC. If, in the opinion of the
competent authority, the conditions under which control measures are
carried out at the port are such that a satisfactory result cannot be obtained,
this should be noted on the existing SSCC. The SSCC is valid for a maximum
period of 6 months. The control measures must be completed before a
further SSCC is issued.
Maritime Labour Convention

(MLC 2006)
Why was the MLC adopted?

Seafarers need special protection
MLC provides comprehensive rights and protection
Tool to balance the maritime industry
Long term benefits for Employers and Seafarers
‘Fourth pillar’ of international maritime regulatory regime, beside the
key IMO SOLAS, MARPOL & STCW
Set minimum requirements to work on a ship
Strengthen enforcement mechanisms at all levels
Key issues for the ITF affiliates

• Protect fundamental and seafarers’ rights
• Maintain principles in existing ILO Conventions
• Enforceable minimum labour standards
• Definition of seafarers/Shipowner
• Social security protection
• Real enforcement and control
Fundamental Rights
and Principles
a) Freedom of association and the effective
recognition
of the right to collective bargaining
b) Elimination of all forms of forced or compulsory
labour
c) Effective abolition of child labour
d) Elimination of discrimination in respect of
employment and occupation
Seafarers’ Employment and Social
Rights
As a bare minimum every seafarer has the right
to:
a) Safe and secure workplace that complies with
safety standards
b) Fair terms of employment
c) Decent working and living conditions
d) Health protection, medical care, welfare
measures and other forms of social protection
Structure of the MLC

Articles- set out the principles and obligations.
• Regulations, Standards (Part A) and Guidelines (Part B) in the Code
integrated/organized under five Titles:
1. Minimum requirements for seafarers to work on a ship
2. Conditions of employment
3. Accommodation, recreational facilities, food and catering
4. Health protection, medical care, welfare and social security
protection
5. Compliance and enforcement
To whom MLC applies/

does not apply
Seafarer - any person who is employed/engaged works in
any capacity on a ship covered by the MLC
• The MLC applies to all ships [and seafarers] publicly or
privately owned engaged in commercial activities
• Smaller ships (below 200 gt ) may be exempted
• The Convention does not apply to inland waters; fishing
vessels, traditional builds and warships
MLC requirements
Minimum age
Medical certification
Qualifications of seafarers
Recruitment and placement
Seafarers’ employment agreements
Wages
Hours of work and hours of rest
What must be in your

employment agreement?
Your full name, date of birth/age; place of birth
Shipowner’s name and address
Where and when the agreement was signed
Position on board
Your wages and how they are calculated
Amount of paid annual leave
www.itfglobal.org
What must be in your employment agreement?

Conditions for terminating the contract
Expiry date/duration of contract
Health/ social security benefits provided
Entitlement and details to repatriation
Reference to the CBA, if applicable
Any other details required by national law
Wages
You have the right to be paid regularly and in full
Basic pay or wages - pay for normal hours of work
The ILO minimum wage for ABs
Overtime
Keep your own copy of overtime
Sending money home
Your entitlements
Hours of work and hours of rest
Normal working hours - 8-hour day/one day of rest
Maximum hours of work
– No more than 14 hours in any 24-hour period
– No more than 72 hours in any seven-day period
Minimum hours of rest
– at least 10 hours of rest in any 24-hour period
– at least 77 hours rest in any seven-day period
Table with shipboard working arrangements
MLC requirements cont/…

Entitlement to leave
Repatriation
Seafarer compensation (ship’s loss or
foundering)
Manning levels of the ship
Accommodation
On-board recreational facilities
Food and catering www.itfglobal.org
MLC requirements cont/…
Health and safety and accident prevention

On-board medical care
Shipowners’ liability
Health and safety protection/ accident prevention
Access to shore-based welfare facilities
Consulates
Social security
Safeguarding your rights
• TITLE 5: Compliance and Enforcement

– Flag State responsibilities
– Port State responsibilities
– Labour-supplying responsibilities
• Maritime labour Certificate/ DMLC
• Inspection and enforcement
• On-board complaint procedures
Inspections in port/ Port State Control
Inspections in port
More detailed inspection can be carried out when:
– the documents are not produced/ invalid/ falsified
– grounds for believing that the working and living conditions are
substandard
– the ship has attempted to avoid compliance
– a complaint by a seafarer, trade union, person interested in
safety and health of seafarers/ their ship
• Examples of circumstances that may require detention
ITF/Affiliates/
Seafarers Prospective
We all need the MLC ratified and

implemented
MLC will help to improve your living and
working conditions on board
MLC is giving the minimum standards only
INTERNATIONAL CONVENTION ON
SALVAGE, 1989
CHAPTER I-GENERAL PROVISIONS
ARTICLE 1
Definitions
1. Salvage operation means any act or activity undertaken to assist a
vessel or any other property in danger in navigable waters or in any
other waters whatsoever.
2. Vessel means any ship or craft, or any structure capable of navigation.
3. Property means any property not permanently and intentionally
attached to the shoreline and includes freight at risk.
4. Damage to the environment means substantial physical damage to

human health or to marine life or resources in coastal or inland
waters or areas adjacent thereto, caused by pollution,
contamination, fire, explosion or similar major incidents.
5. Payment means any reward, remuneration or compensation due
under this Convention.
6. Organization means the International Maritime Organization.
7. Secretary-General means the Secretary-General of the Organization.
ARTICLE 2
Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings
relating to matters dealt with in this Convention are brought in a State Party.
ARTICLE 3
Platforms and drilling units
This Convention shall not apply to fixed or floating platforms or to mobile
offshore drilling units when such platforms or units are on location engaged
in the exploration exploitation or production of sea-bed mineral resources.
CHAPTER 11-PERFORMANCE OF SALVAGE OPERATIONS
ARTICLE 8
Duties of the salvor and of the owner and master
1. The salvor shall owe a duty to the owner of the vessel or other property in
danger:
A. to carry out the salvage operations with due care;
B. in performing the duty specified in subparagraph (a), to exercise due care
to prevent or minimize damage to the environment;
C. whenever circumstances reasonably require, to seek assistance from other
salvors; and
2. The owner and master of the vessel or the owner of other property in
danger shall owe a duty to the salvor:
a. to co-operate fully with him during the course of the salvage

operations;
b. in so doing, to exercise due care to prevent or minimize damage to the
environment; and
c. when the vessel or other property has been brought to a place of
safety, to accept delivery when reasonably requested by the salvor to
do so.
CHAPTER III-RIGHTS OF SALVORS
ARTICLE 12
Conditions for reward
1. Salvage operations which have had a useful result give right to a
reward.
2. Except as otherwise provided, no payment is due under this
Convention if the salvage operations have had no useful result.
3. This chapter shall apply, notwithstanding that the salved vessel and
the vessel undertaking the salvage operations belong to the same
owner.
ARTICLE 13
Criteria for fixing the reward
1. The reward shall be fixed with a view to encouraging salvage operations,
taking into account the following criteria without regard to the order in
which they are presented below:
(a) the salved value of the vessel and other property;
(b) the skill and efforts of the salvors in preventing or minimizing damage to
the environment;
(c) the measure of success obtained by the salvor;
(d) the nature and degree of the danger;
ARTICLE 14
Special compensation
If the salvor has carried out salvage operations in respect of a vessel
which by itself or its cargo threatened damage to the environment and
has failed to earn a reward under article 13 at least equivalent to the
special compensation assessable in accordance with this article, he shall
be entitled to special compensation from the owner of that vessel
equivalent to his expenses as herein defined.
ARTICLE 15
Apportionment between salvors
1. The apportionment of a reward under article 13 between salvors shall

be made on the basis of the criteria contained in that article.
2. The apportionment between the owner, master and other persons in
the service of each salving vessel shall be determined by the law of the
flag of that vessel. If the salvage has not been carried out from a vessel,
the apportionment shall be determined by the law governing the
contract between the salvor and his servants.
ARTICLE 16
Salvage of persons
1. No remuneration is due from persons whose lives are saved, but
nothing in this article shall affect the provisions of national law on
this subject.
2. 2. A salvor of human life, who has taken part in the services
rendered on the occasion of the accident giving rise to salvage, is
entitled to a fair share of the payment awarded to the salvor for
salving the vessel or other property or preventing or minimizing
damage to the environment.
ARTICLE 17
Services rendered under existing contracts
No payment is due under the provisions of this Convention unless the

services rendered exceed what can be reasonably considered as due
performance of a contract entered into before the danger arose.
ARTICLE 18
The effect of salvor 's misconduct
A salvor may be deprived of the whole or part of the payment due under
this Convention to the extent that the salvage operations have become
necessary or more difficult because of fault or neglect on his part of if the
salvor has been guilty of fraud or other dishonest conduct.
ARTICLE 19
Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable prohibition

of the owner or master of the vessel or the owner of any other property in
danger which is not and has not been on board the vessel shall not give rise
to payment under this Convention.
CHAPTER IV-CLAIMS AND ACTIONS
ARTICLE 20
Maritime lien
1. Nothing in this Convention shall affect the salvor's maritime lien
under any international convention or national law.
2. The salvor may not enforce his maritime lien when satisfactory
security for his claim, including interest and costs, has been duly
tendered or provided.
ARTICLE 21
Duty to provide security
1. Upon the request of the salvor a person liable for a payment due
under this Convention shall provide satisfactory security for the claim,
including interest and costs of the salvor.
2. Without prejudice to paragraph 1, the owner of the salved vessel
shall use his best endeavors to ensure that the owners of the cargo
provide satisfactory security for the claims against them including
interest and costs before the cargo is released.
ARTICLE 22
Interim payment
1. The tribunal having jurisdiction over the claim of the salvor may, by
interim decision, order that the salvor shall be paid on account such
amount as seems fair and just, and on such terms including terms
as to security where appropriate, as may be fair and just according
to the circumstances of the case.
2. In the event of an interim payment under this article the security
provided under article 21 shall be reduced accordingly.
Lloyd’s Standard Form of Salvage Agreement (LOF

2000)
LOF 2000 should be used where the ship or marine environment are at
risk and the master has insufficient time to request the owner to
arrange salvage services on a the basis of a pre-agreed rate or sum
UK P&I CLUB
The introduction of SCOPIC

( The Special Compensation P&I Clause)
ARTICLE 14
PROVISIONS
Special compensation payable to salvor:
If threat of environmental damage
Article 13 award less than special compensation
Special compensation based upon ‘fair rate’ for expenses
Uplift by up to 30 per cent (or up to 100 per cent if tribunal considers it to
be fair and just) If: Salvor has prevented or minimised environmental
damage
Difficulties experienced with interpretation of Article 14

Geographical restriction to environmentDissatisfaction not
confined to one party
al threat (compared to LOF80):
“Coastal or inland waters or areas adjacent thereto”
Uncertain assessment of special compensation – the uplift
(Art.14.2)
Uncertain assessment of fair rate (Art.14.3)
Lack of incentive for salvor due to uncertainty of reward

Security for Art.14 awards not always available
No P and I club involvement
Inadequate information available from scene – no dialogue
Lengthy Art.14 disputes – affecting cashflow
Costly arbitrations
SPECIAL COMPENSATION P&I CLAUSE (SCOPIC)

Developed by all parties to the salvage contract
An attempt to resolve problems inherent in Article 14 – and to
achieve certainty
Not designed to replace 1989 Salvage Convention
No geographical restriction
Replaces Article 14 provisions
Initial two-year trial period
Not perfect? – but an improvement
Voluntary agreement: Parties may contract on LOF

terms, lumpsum basis or daily rate
SCOPIC must be invoked by salvor – ‘No cure – No
pay’ without safety net until then
May be invoked at any time –
No geographical restriction –
No need to establish environment threat
SCOPIC remuneration based upon agreed tariff plus 25 per cent uplift
Salvage services still assessed under Art.13
SCOPIC remuneration payable by P and I club – only to extent it exceeds
Art.13 award
Discount applies if SCOPIC invoked unnecessarily – i.e. Art.13 award
exceeds SCOPIC remuneration
Security for SCOPIC remuneration of US$3 million to be provided

within 2 working days (adjustable later)
Withdrawal from SCOPIC provisions
- if no security is provided salvor may request tribunal to apply
Art.14
Payment : SCOPIC remuneration payable within 30 days
Shipowner may terminate under SCOPIC upon giving 5 days notice
Tariff schedule to be reviewed and agreed regularly
Worldwide, commercial rates
Banded tug rates based upon BHP
Equipment rates capped at 150 per cent of replacement cost

Appointment of Special Casualty representative (SCR) achieves :
Much improved access to current information

Available to ALL parties
Salvage master’s daily reports and SCR final report circulated
SCR may record disagreement with salvor and report
Disputes capable of being resolved earlier
Advantages and disadvantages for salvors

Advantages
• No need to prove environmental threat
• No geographical uncertainty
• Profitable tug rates apply
• Improved cashflow
• Amount payable under SCOPIC usually guaranteed
Disadvantages for salvors

• Shipowner acquires right to terminate
• Uplift limited to 25 per cent
Advantages and disadvantages for shipowners and their P & I clubs

Advantages
• Much improved flow of information

- important when pollution threatened or ship in danger
of becoming a wreck
• Reduced legal costs
• Certainty of cost of operation
• Clear right to terminate
Disadvantages for shipowners

• Environmental threat/location of casualty
- No longer factors
• Commercial rates plus, always apply
SCOPIC 2000 – AMENDMENTS
SCOPIC may be used with any LOF e.g. LOF 2000
SCOPIC replaces Art.14 – ART.14 does not apply even if SCOPIC not invoked
Right of withdrawal by contractor under SCOPIC only exercisable up to
provision of initial security
SCOPIC remuneration only payable in excess of potential Art.13 even if no
Art.13 award is sought or paid
Termination provision re-worded to achieve clarity
Amendments / clarification of tariff rates and application
In the years for which figures are available there were:

123 LOF cases in 1999; SCOPIC was invoked in 14 cases,
133 cases in 2000; SCOPIC “ “ “ 16 cases
To June there have been 52 LOF cases in 2005 and SCOPIC has been
invoked in 7 cases
SCOPIC
The role of the SCR from SCOPIC and the SCR Guidelines:
“The primary duty of the SCR shall be the same as the contractor,
namely to use his best endeavours to assist in the salvage of the vessel
and the property thereon and in so doing to prevent and minimise
damage to the environment”.
Role of the SCR

Provider of up to date information to all parties – not just shipowner
Salvage master in charge and responsible
SCR has the right to consult with and be consulted by the salvage master
– and to express his views
SCR may issue dissenting report
SCR should receive salvage plan and notice of changes
Role of the SCR
Record daily expenditure based upon SCOPIC tariff

Aim to discuss and agree calculations with salvage master
Produce final salvage report
Within one month
Facts and circumstances
Allowable tugs, personnel, equipment
Total remuneration under SCOPIC
Role of the SCR
Advantages
For shipowners - knowledge and progress
For salvors - line of communication to all parties
For insurers - knowledge; ability to react immediately to changing
events e.g. pollution threat
SCOPIC: A review
Encouraging results from the first three years

Increasing use of LOF with SCOPIC
SCOPIC invoked in 15+ per cent of cases
More cases capable of being settled swiftly
Improved flow of information
Adaptable format
SCOPIC: A review (2)
Structured chain of communication

Greater certainty over expenditure
Improved cashflow
Earlier resolution?
Knowledge/influence over events
LLMC
Convention on Limitation of
Liability for Maritime Claims
(LLMC)
Persons entitled to limit liability

ARTICLE 1 - Persons entitled to limit liability.
Ship-owners and salvors, as hereinafter defined, may limit their liability in

accordance with the rules of this Convention for claims set out in Article 2.
The term 'shipowner' shall mean the owner, charterer, manager or
operator of a seagoing ship.
Salvor shall mean any person rendering services in direct connexion with
salvage operations. Salvage operations shall also include operations
referred to in Article 2, paragraph l(d), (e) and (f).
Persons entitled to limit liability

If any claims set out in Article 2 are made against any person for whose
act, neglect or default the shipowner or salvor is responsible, such
person shall be entitled to avail himself of the limitation of liability
provided for in this Convention.
In this Convention the liability of a shipowner shall include liability in an
action brought against the vessel herself.
Claims limitation of liability

Claims subject to limitation of liability
The 1957 Brussels Convention claimed that the limitation was restricted:
to acts or omissions done by person on board or in the navigation or

management of the ship, or
in loading, carriage or discharge of its cargo, or
in embarkation, carriage or disembarkation of its passengers.
Claims limitation of liability

According to the 1976 conventions, the basis of liability shall be subject to
limitation of liability. The range of claims in respect of which the right to limit
liability is available is greater than those under the 1957 Convention.
The two major principal differences are:
1. Claims qualify for limitation whatever the basis of liability may be.
2. Claims qualify for limitation if they arise on board or in direct connection
with the operation of the ship or with salvage operation.
Claims exempted
Maritime claims exempted from limitation of liability.
This chapter shall not apply to:
1. claims for salvage or contribution to general average;
2. claims for oil pollution damage within the meaning of the
International Convention on Civil Liability for Oil Pollution Damage,
dated November 29, 1969, or of any amendment or protocol
thereto which is in force;
3. claims subject to any international convention or national legislation
governing or prohibiting limitation of liability for nuclear damage;
4. claims against the owner of a nuclear vessel for nuclear damage;

5. claims by officers, employees, and agents of the owner or salvor whose
duties are directly connected with the operation of the vessel or the
salvage operations;
6. claims in respect of the raising, removal, destruction or the rendering
harmless of a vessel which is sunk, wrecked, stranded or abandoned,
including anything that is or has been on board such vessel; and
7. claims in respect of the removal, destruction or the rendering harmless
of the cargo of the vessel.
Barred limitation
Limitation of action is the period of time within which a party must bring
a claim. If you miss and do not file a claim within that time, you are "time
barred" from filing unless extenuating circumstances exist.
Except for claims in respect of death or injury of passengers, the
calculation of limits of liability is based on the ship‘s gross tonnage.
The limit for claims in respect of death or injury of passengers is based
on the number of passengers the ship is authorized to carry, subject to a
maximum sum.
Barred limitation
Circumstances in which limitation would be barred:
1) Collision with other ships

2) Pollution risks
3) Cargo matters
4) Removal of wreck and associated liabilities
5) Liability to stevedores, inspectors and other visitors on board, either in
respect of injury or death
Barred limitation
6. Damage to entered ship by wrong handling of stevedores
7. Stowaways
8. Fines for failing to comply with regulations or declaration
of goods or any infringement of any Customs law
Constitution of a limitation fund

The Convention on Limitation of Liability for Maritime Claims 1976 (as amended by
the 1996 Protocol) (LLMC 1976) enables owners to limit their liability for claims
arising out of a single maritime incident. Here, Owners sought to limit their liability by
setting up a Limitation Fund on the basis of a P&I Club LOU.
Limitation funds are often set up following a maritime incident, such as a collision
or casualty, and enable a shipowners to limit its liability for claims arising out of the
incident by reference to the vessel’s tonnage. Once constituted, the fund is then used
to pay the claimants, who receive a pro-rata share based on the value of their claim.
Scope of application
This Convention shall apply whenever any person referred to in Article 1
seeks to limit his liability before the Court of a State Party or seeks to
procure the release of a ship or other property or the discharge of any
security given within the jurisdiction of any such State.
A State Party may regulate by specific provisions of national law the
system of limitation of liability to be applied to vessels which are:

(a) According to the law of that State, ships intended for navigation on
inland waterways
Exemptions
The Courts of a State Party shall not apply this Convention to ships
constructed for, or adapted to, and engaged in, drilling:
(a) When that State has established under its national legislation a higher
limit of liability than that otherwise provided for in Article 6; or
(b) When that State has become party to an international convention
regulating the system of liability in respect of such ships. In a case to which
sub-paragraph (a) applies that State Party shall inform the depositary
accordingly.
Exemptions
This Convention shall not apply to:
(a) air-cushion vehicles;
(b) floating platforms constructed for the purpose of exploring or

exploiting the natural resources of the sea-bed or the subsoil thereof.
Classification Societies
A classification society is a non-governmental organization that establishes
and maintains technical standards for the construction and operation of ships
and offshore structures.
The society will also validate that construction is according to these standards
and carry out regular surveys in service to ensure compliance with the
standards.
To avoid liability, they explicitly take no responsibility for the safety, fitness for
purpose, or seaworthiness of the ship.
Purpose of a Classification
The purpose of a Classification Society is to provide classification and
statutory services and assistance to the maritime industry and regulatory
bodies as regards maritime safety and pollution prevention, based on the
accumulation of maritime knowledge and technology.
The objective of ship classification is to verify the structural strength and
integrity of essential parts of the ship’s hull and its appendages, and the
reliability and function of the propulsion and steering systems, power
generation and those other features and auxiliary systems which have been
built into the ship in order to maintain essential services on board.
Classification society approves plans, examines the manufacture of

parts and tests materials during the building of hull, machinery,
equipment and, where appropriate, refrigerating machinery explains that
equipment refers to anchors, chain cables, mooring ropes and wires,
mooring arrangements, windlasses and mooring winches.
The majority of ships are built under survey.

A classification society will also survey an existing ship providing it meets

the society‘s rules regarding scantlings, materials, workmanship and
condition, assign a class to it to retain its class a ship must undergo periodical
surveys as laid down in the society‘s rules.
Periodical surveys are:

annual survey
docking survey at approximately 2-yearly intervals
intermediate survey
special survey every 4 years, which may be extended to five years
Note: List of classification societies
Class No. of inspections
3 year average detetention ratio %
No. of class related detentions
GL 5349 20 0,37
DNV 7330 30 0,41
ABS 5648 26 0,46
KR 5348 28 0,52
CCS 5970 38 0,64
NK 21083 166 0,79
RS 2413 21 0,87
LR 7770 75 0,97
BV 4565 51 1,12
RINA 603 7 1,16
The special survey requirements may be met by a system of continuous

survey such that the interval between successive surveys on any given item
does not exceed 5 years
an occasional survey, additional to the regular surveys, must be conducted
after any damage to the hull, machinery or equipment which may affect the
ship‘s seaworthiness
repairs or alterations must be carried out under survey and to the
satisfaction of the society‘s surveyors
Classification societies carry out surveys for the issue of statutory
certification on behalf of many governments
Historic Facts
Initiative taken by maritime circles
1764 first register of ships
Germanischer Lloyd was established 1867
Ships were sorted into different classes
No. 274
Classification Societies‘ Scope of Services

Classification rules recognised as „State of technology“
Classification rules developed through
extensive research and development
experience of a worldwide network of surveyors
Innovation possible through expertise to
evaluate whether a new design is equivalent

IACS Unified Requirements
Foundation of International Association of Classification

Societies (IACS) in 1968
10 Members / 1 Associate
Minimum standards (unified requirements) for some elements of the vessel
Ensure acceptance
Identify new developments
Classification Societies‘ Scope of Service

Dual function
CLASS
Detailed class rules
SOLAS sets up very SAFCON
generalized STATUTORY
REQUIREMENTS
Class entirely embraces the

Ship Safety Construction Certificate

Services towards shipyards
Scope:
• plan approval
• technical supervision
• verify relevant tests and trials leading to Classification certificate
Rule making body observes the implementation

of Rules and safeguards their interpretation

Services towards ship suppliers
Scope depends on equipment or material:

type approval inspection
random inspections
final inspections
leading to Certificate
Approving the equipment with a clear understanding
of the overall system “vessel”

Services towards shipowners
Scope:
• Surveys on a five year cycle
 annual surveys
 intermediate surveys
 class renewal surveys
leading to Renewal of Class Certificate
Supervision over an entire life cycle


Services towards flag states
Scope:
• Statutory certification services
• Acc. to IMO guideline from 1993 / EU Directive on
classification societies (94/57)
leading to reports or certificates for Flag States
Use of exclusive world-wide network of surveyors


ISM
Scope:
• Certification of safety management systems International Safety
Management Code ISM
leading to
• Document of Compliance (shore based organisation)
• Safety Management Certificate (each vessel)
Identification of weak points in the quality system

ISPS
Scope:
• Approval of risk analysis
• Ship security plan in case of
vessels
leading to International Ship
Security Certificate
Worldwide exclusive staff, trained also for security

matters

Ship’s data
Ship Register:
• Name of ship and owner
• Call sign, IMO number, GL number, flag etc.
• Class, year of built, tonnage, equipment, cargo
Fleet Online: GL database on survey status
Data available to Administration, clients,

port State, Officers, EU Commission
Recent Developments
Recent casualties such as Prestige have shown that classification
societies are exposed to potential unlimited liability
IMO is discussing a change to rulemaking policy in setting goal based
standards
EU intends “one European standard” also for small national class
societies
Maritime Law
General Average and Marine Insurance

Maritime Law
General Average
“General Average” is a term used in the maritime industry to define shares in a

common loss during maritime accident.
Defined by York Antwerp rules 1994 of General Average, these rules lay guidelines for
the distribution of loss in an event when cargo has to be jettisoned in order to save the
ship, crew, or the remaining cargo.
The rule states the apportionment of losses amongst the parties involved in any
maritime adventure in case of an extra ordinary sacrifice or if the expenditure is made
intentionally with proper justification that the causes for the same involved preserve
the other property from risk of being lost.
Maritime Law
General Average
The underlying cause which led to introduction of General Average was, in event of
the grave situations where safety of ship, crew members and cargo was jeopardized.
In order to regulate unprejudiced interests of all those parties who enter into a
common maritime venture, a powerful tool named General Average was
introduced, in the York Antwerp rules of 1890 and later reviewed and amended
recently in 1994.
Maritime Law
Marine Insurance
Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport
or cargo by which property is transferred, acquired, or held between the points of origin
and final destination.
Functions of Marine Insurance:
1. Spread of Risk
2. Aid to Security
3. Aid to Credit
4. Source of Employment.
5. Source of Capital
6. Loss Prevention
Maritime Law
Marine Insurance
Insurable Interest
1. Subject to the provisions of the Marine Insurance Act, every person has an
insurable interest who is interested in a marine adventure.
2. In particular a person is interested in a marine adventure where he stands in any
legal or equitable relation to the adventure or to any insurable property at risk
therein, in consequence of which he may benefit by the safety or due arrival of
insurable property, or may be prejudiced by its loss, or damage thereto, or by the
detention thereof, or may incur liability in respect thereof.
Maritime Law
Marine Insurance
Insurable Interest
1. Subject to the provisions of the Marine Insurance Act, every person has an
insurable interest who is interested in a marine adventure.
2. In particular a person is interested in a marine adventure where he stands in any
legal or equitable relation to the adventure or to any insurable property at risk
therein, in consequence of which he may benefit by the safety or due arrival of
insurable property, or may be prejudiced by its loss, or damage thereto, or by the
detention thereof, or may incur liability in respect thereof.
Maritime Law
Marine Insurance
How insurance is arranged through brokers
1. Brokers act on behalf of their clients and provide advice in the interests of their clients. Sometimes
an insurance broker will act as agent of an insurer
2. A broker will help identify individual and/or business risks to help in decision making on what to
insure, and how to manage those risks in other ways.
3. Insurance brokers can give technical advice that can be very useful if there is a need to make
a claim.
4. Brokers are aware of the terms and conditions, benefits and exclusions and costs of a wide range
of competing insurance policies.
5. Brokers can help arrange and place the cover with the chosen insurer and can often provide advice
on how to make the most of the insurance.
Maritime Law
Marine Insurance
Insurance is UBERRIMAE FIDEI
A contract of marine insurance is a contract based upon the utmost good faith, and,
if the utmost good faith be not observed by either party, the contract may be
avoided by the other party.
The principle means that every person who enters into a contract of insurance has a
legal obligation to act with utmost good faith towards the company offering the
insurance.
Maritime Law
Marine Insurance
Nature of Warranty
A warranty, means a promissory warranty, that is to say, a warranty by which the
assured undertakes that some particular thing shall or shall not be done, or that
some condition shall be fulfilled, or whereby he affirms or negates the existence of a
particular state of facts.
A warranty may be express or implied.
A warranty, is a condition which must be exactly complied with, whether it be
material to the risk or not. If it be not so complied with, then, subject to any express
provision in the policy, the insurer is discharged from liability as from the date of the
breach of warranty, but without prejudice to any liability incurred by him before
that date.
Maritime Law
Marine Insurance
Voyage and Time Policies
Where the contract is to insure the subject-matter "at and from", or from one place
to another or others, the policy is called a "voyage policy", and where the contract is
to insure the subject-matter for a definite period of time the policy is called a "time
policy".
A contract for both voyage and time may be included in the same policy.
Subject to the provisions of s 11 of the Finance Act, 1901, a time policy which is
made for any time exceeding 12 months is invalid.
Maritime Law
Marine Insurance
Marine Adventure and Maritime Perils Defined
Every lawful marine adventure may be the subject of a contract of marine insurance.
In particular there is a marine adventure where—
a) Any ship, goods or other moveables are exposed to maritime perils. Such
property is in this Act referred to as "insurable property";
b) The earning or acquisition of any freight, passage money, commission, profit, or
other pecuniary benefit, or the security for any advances, loan, or
disbursements, is endangered by the exposure of insurable property to
maritime perils;
c) Any liability to a third party may be incurred by the owner of, or other person
interested in or responsible for, insurable property, by reason of maritime perils.
Maritime Law
Marine Insurance
Marine Adventure and Maritime Perils Defined (cont…)
"Maritime perils" means the perils consequent on, or incidental to, the navigation of the sea, that is
to say, perils of the sea, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints, and
detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or
which may be designated by the policy
Maritime Law
Marine Insurance
Suing and Labouring Clause
Where the policy contains a suing and labouring clause, the engagement thereby entered into is
deemed to be supplementary to the contract of insurance, and the assured may recover from the
insurer any expenses properly incurred pursuant to the clause, notwithstanding that the insurer may
have paid for a total loss, or that the subject-matter may have been warranted free from particular
average, either wholly or under a certain percentage
General average losses and contributions and salvage charges, as defined by this Act, are not
recoverable under the suing and labouring clause.
Maritime Law
Marine Insurance
Suing and Labouring Clause (cont…)
Expenses incurred for the purpose of averting or diminishing any loss not covered by the policy are
not recoverable under the suing and labouring clause.
It is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable
for the purpose of averting or minimising a loss.
Maritime Law
Marine Insurance
Protection and Indemnity Insurance (P&I)
More commonly known as "P&I" insurance, is a form of mutual maritime insurance provided by a
P&I Club.
Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and
cargo cover for cargo owners, a P&I Club provides cover for open-ended risks that traditional insurers
are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage cause to
cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In
the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
Maritime Law
Marine Insurance
Protection and Indemnity Insurance (P&I) Coverage
1. Death and personal injury of - Seamen - Passengers - Third parties
2. Liabilities in respect of stowaways or persons saved at sea.
3. Liabilities arising from collisions.
4. Liabilities arising from groundings.
5. Liabilities arising from damage to fixed and floating objects.
6. Liabilities arising from pollution.
7. Liabilities arising from wreck removal.
8. Liabilities arising from towage operations.
9. Liability to cargo.
Maritime Law
Charter Parties
Maritime Law
What is a Charter Party?
A charter party is the contract between the owner of a vessel and the charterer for
the use of a vessel.
Two main types of charter agreement:
1. Time charter - The charterer takes over the vessel for either a certain amount of
time
2. Voyage charter - The charterer takes over the vessel for a certain point-to-point
voyage
Maritime Law
Charter Party
Bareboat charter – is an arrangement for the chartering or hiring of a ship or boat,

whereby no crew or provisions are included as part of the agreement; instead, the
people who rent the vessel from the owner are responsible for taking care of such
things.
ACTIVITY:
Differentiate Bareboat charter to the two common types of charter arrangements.
Maritime Law
Charter Party Terminology

Laydays - refers to the time when a ship must present itself to the charterer. If the
ship arrives before the laydays specified, the charterer does not have to take control
or start loading (depending on the type of charter). If the ship arrives after the
laydays, then the contract can be cancelled – hence laydays are often presented as
the term Laydays and Cancelling and can be shortened to Laycan
Maritime Law

Laytime - is the amount of time allowed (in hours or days) in a voyage charter for
the loading and unloading of cargo.
If the laytime is exceeded, demurrage is incurred.
If the whole period of laytime is not needed, despatch may be payable by the
shipowner to the charterer, depending on the terms of the charter party(despatch
does not apply to tanker charters).
Maritime Law

The Notice of Readiness (NOR) is the document used by the captain of the ship, in the
event of voyage chartering, to notify that his ship is ready, in every respect, to load
and/or unload the goods
Requirements for a valid notice of readiness to be served:
1.The vessel is an arrived vessel
2.The vessel is ready to receive or discharge the cargo
3.The notice of readiness is tendered to and received by the proper person according
to the charterparty
4.The notice of readiness is tendered in a contractual way
5.The notice of readiness is tendered at a time that is allowed by the charterparty.
Maritime Law

Arrived Ship - the vessel must have reached the place within the port where notice of
readiness may be served. This place is specified, expressly or impliedly, by the charterparty.
"WIBON"/"WIPON" provisions – Whether in berth/port or not provision will enable the
notice in certain circumstances to be tendered even if the vessel has not yet entered the port
area.
"Ready in all respects“ - Even if the vessel has reached the place within the port which is
required by the charterparty, notice of readiness cannot be served unless she is also
physically and legally ready in all respects to load or discharge the cargo. It is possible to
accelerate the tender of a valid notice of readiness by the inclusion of a "whether customs
cleared or not" ("WCCON") or a "whether in free pratique or not" ("WIFPON") provision.
Maritime Law

Delivery – On hire - When a ship commences a time charter it is said to be "delivered" to the
Charterer.
Redelivery – Off hire - When the use of the ship has come to an end it is said to be "redelivered" to
the shipowner
On/Off survey - Whether you are the Charter or the Owner of a vessel, it is important to have the
vessel's bunker quantities assessed at the start and close of a charter period.
- An on/off hire survey is usually done in combination with a condition survey. Naturally, each party
will want to state the quantity of bunkers on board at the appropriate time and disputes can arise.
- To minimise this source of dispute between the shipowner and the charter, our independent
surveyor will carry out an on-hire survey on delivery or/and an off-hire survey on redelivery. The
surveyor will sound the tanks, calculate and certify the fuel that is on board.
Maritime Law
Ballast Water Convention 2004

Maritime Law
International Convention for the Control and Management of Ships'

Ballast Water and Sediments (BWM)
Adoption: 13 February 2004;
Entry into force: 12 months after ratification by 30 States, representing 35 per cent
of world merchant shipping tonnage
The IMO developed and adopted “The International Convention for The Control and
Management of Ships Ballast Water Ballast Water and Sediments, 2004” (Ballast
Water Management Convention) with the aim of protecting the marine
environment from the transfer of harmful aquatic organisms in ballast water carried
by ships.
Maritime Law

Invasive aquatic species present a major threat to the marine ecosystems, and shipping
has been identified as a major pathway for introducing species to new environments.
The problem increased as trade and traffic volume expanded over the last few decades,
and in particular with the introduction of steel hulls, allowing vessels to use water instead
of solid materials as ballast.
The effects of the introduction of new species have in many areas of the world been
devastating. Quantitative data show the rate of bio-invasions is continuing to increase at
an alarming rate. As the volumes of seaborne trade continue overall to increase, the
problem may not yet have reached its peak.
Maritime Law

The Ballast Water Management Convention, adopted in 2004, aims to prevent the spread of
harmful aquatic organisms from one region to another, by establishing standards and procedures
for the management and control of ships' ballast water and sediments
Under the Convention, all ships in international traffic are required to manage their ballast water
and sediments to a certain standard, according to a ship-specific ballast water management plan.
All ships will also have to carry a ballast water record book and an international ballast water
management certificate. The ballast water management standards will be phased in over a period
of time.
As an intermediate solution, ships should exchange ballast water mid-ocean. However, eventually
most ships will need to install an on-board ballast water treatment system.
Maritime Law

The Convention will require all ships to implement a Ballast Water and Sediments
Management Plan. All ships will have to carry a Ballast Water Record Book and will be required
to carry out ballast water management procedures to a given standard. Existing ships will be
required to do the same, but after a phase-in period
Parties to the Convention are given the option to take additional measures which are subject
to criteria set out in the Convention and to IMO guidelines
The Convention is composed of 22 Articles, and one Annex with 5 sections (A to E).
Since its adoption, 14 Technical Guidelines have been developed to support port state
authorities, shipmasters and owners, equipment manufacturers and class societies, and to
encourage the harmonized implementation of the different Requirements.
Maritime Law

General Obligations
Parties undertake to give full and complete effect to the provisions of the Convention and the Annex in order
to prevent, minimize and ultimately eliminate the transfer of harmful aquatic organisms and pathogens
through the control and management of ships' ballast water and sediments.
Parties are given the right to take, individually or jointly with other Parties, more stringent measures with
respect to the prevention, reduction or elimination of the transfer of harmful aquatic organisms and
pathogens through the control and management of ships' ballast water and sediments, consistent with
international law. Parties should ensure that ballast water management practices do not cause greater harm
than they prevent to their environment, human health, property or resources, or those of other States.

Maritime Law

Reception facilities
Under Article 5 Sediment Reception Facilities Parties undertake to ensure that ports and terminals
where cleaning or repair of ballast tanks occurs, have adequate reception facilities for the reception of
sediments.

Research and monitoring
Article 6 Scientific and Technical Research and Monitoring calls for Parties individually or jointly to
promote and facilitate scientific and technical research on ballast water management; and monitor the
effects of ballast water management in waters under their jurisdiction.

Maritime Law

Survey, certification and inspection
Ships are required to be surveyed and certified (Article 7 Survey and certification) and may be
inspected by port State control officers (Article 9 Inspection of Ships) who can verify that the ship has a
valid certificate; inspect the Ballast Water Record Book; and/or sample the ballast water. If there are
concerns, then a detailed inspection may be carried out and "the Party carrying out the inspection shall
take such steps as will ensure that the ship shall not discharge Ballast Water until it can do so without
presenting a threat of harm to the environment, human health, property or resources.“
All possible efforts shall be made to avoid a ship being unduly detained or delayed (Article 12 Undue
Delay to Ships).

Maritime Law

Technical assistance
Under Article 13 Technical Assistance, Co-operation and Regional Co-operation, Parties undertake,
directly or through the Organization and other international bodies, as appropriate, in respect of the
control and management of ships' ballast water and sediments, to provide support for those Parties
which request technical assistance to train personnel; to ensure the availability of relevant technology,
equipment and facilities; to initiate joint research and development programmes; and to undertake
other action aimed at the effective implementation of this Convention and of guidance developed by
the Organization related thereto.
Maritime Law

Annex - Section A General Provisions
This includes definitions, application and exemptions. Under Regulation A-2 General Applicability:
"Except where expressly provided otherwise, the discharge of Ballast Water shall only be conducted
through Ballast Water Management, in accordance with the provisions of this Annex."

Maritime Law

Annex - Section B Management and Control Requirements for Ships
Ships are required to have on board and implement a Ballast Water Management Plan approved by
the Administration (Regulation B-1). The Ballast Water Management Plan is specific to each ship and
includes a detailed description of the actions to be taken to implement the Ballast Water
Management requirements and supplemental Ballast Water Management practices.
Ships must have a Ballast Water Record Book (Regulation B-2) to record when ballast water is taken
on board; circulated or treated for Ballast Water Management purposes; and discharged into the
sea. It should also record when Ballast Water is discharged to a reception facility and accidental or
other exceptional discharges of Ballast Water
Maritime Law

Annex - Section B Management and Control Requirements for Ships (cont…)
The specific requirements for ballast water management are contained in regulation B-3 Ballast Water Management
for Ships:
Ships constructed before 2009 with a ballast water capacity of between 1500 and 5000 cubic metres must conduct
ballast water management that at least meets the ballast water exchange standards or the ballast water
performance standards until 2014, after which time it shall at least meet the ballast water performance standard.
Ships constructed before 2009 with a ballast water capacity of less than 1500 or greater than 5000 cubic metres
must conduct ballast water management that at least meets the ballast water exchange standards or the ballast
water performance standards until 2016, after which time it shall at least meet the ballast water performance
standard.
Maritime Law

Annex - Section B Management and Control Requirements for Ships (cont…)
Ships constructed in or after 2009 with a ballast water capacity of less than 5000 cubic metres must
conduct ballast water management that at least meets the ballast water performance standard.
Ships constructed in or after 2009 but before 2012, with a ballast water capacity of 5000 cubic
metres or more shall conduct ballast water management that at least meets the standard described
in regulation D-1 or D-2 until 2016 and at least the ballast water performance standard after 2016.
Ships constructed in or after 2012, with a ballast water capacity of 5000 cubic metres or more shall
conduct ballast water management that at least meets the ballast water performance standard.
Maritime Law

Annex - Section C Additional measures
A Party, individually or jointly with other Parties, may impose on ships additional measures to
prevent, reduce, or eliminate the transfer of Harmful Aquatic Organisms and Pathogens through
ships' Ballast Water and Sediments.
In these cases, the Party or Parties should consult with adjoining or nearby States that may be
affected by such standards or requirements and should communicate their intention to establish
additional measure(s) to the Organization at least 6 months, except in emergency or epidemic
situations, prior to the projected date of implementation of the measure(s). When appropriate,
Parties will have to obtain the approval of IMO.
Maritime Law

Annex - Section D Standards for Ballast Water Management
There is a ballast water exchange standard and a ballast water performance standard.
Prototype technologies
Regulation D-4 covers Prototype Ballast Water Treatment Technologies. It allows for ships
participating in a programme approved by the Administration to test and evaluate promising Ballast
Water treatment technologies to have a leeway of five years before having to comply with the
requirements.
Maritime Law

Review of standards
Under regulation D-5 Review of Standards by the Organization, IMO is required to review the Ballast
Water Performance Standard, taking into account a number of criteria including safety
considerations; environmental acceptability, i.e., not causing more or greater environmental impacts
than it solves; practicability, i.e., compatibility with ship design and operations; cost effectiveness;
and biological effectiveness in terms of removing, or otherwise rendering inactive harmful aquatic
organisms and pathogens in ballast water.

Maritime Law

Annex- Section E Survey and Certification Requirements for Ballast Water

Management
Gives requirements for initial renewal, annual, intermediate and renewal surveys
and certification requirements. Appendices give form of Ballast Water Management
Certificate and Form of Ballast Water Record Book.

Maritime Law
Port State Control

Maritime Law
Port State Control (PSC)
Is the inspection of foreign ships in national ports to verify that the condition of
the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with these
rules.
Has become one of the most effective tools to verify if ships comply with
international safety, pollution prevention and working and living regulations. These
inspections should be carried out in a harmonized way to ensure equivalent safety
standards and to avoid distortion of competition.
Maritime Law
In 1978, a number of European countries agreed in The Hague on a memorandum

that agreed to audit whether the labour conditions on board vessels were in
accordance with the rules of the ILO.
After the Amoco Cadiz sank that year, it was decided to also audit on safety and
pollution. To this end, in 1982 the Paris Memorandum of Understanding (Paris
MoU) was agreed upon, establishing Port State Control.
Maritime Law
The inspection ensures that the ships leaving the port meet
international safety, security and marine pollution prevention
standards.
Ships that do not meet these standards may be detained and would
need to apply for a follow-up inspection before release. The shipowner
or company has the right to appeal against the detention.
Maritime Law

The primary responsibility for maintaining ships‘ standards rests with their flag
States, as well as their owners and masters. However, many flag States do not, for
various reasons, fulfill their obligations under international maritime conventions,
and port State control provides a useful ―safety net to catch substandard ships.
Port State Control regime (set up under a memorandum of understanding (MOU)
or similar accord between neighboring port States) - is a system of harmonized
inspection procedures designed to target substandard ships with the main
objective being their eventual elimination from the region covered by the MOU‘s
participating States
Maritime Law

Nowadays 26 European countries and Canada. In practice, this was a reaction to the failure of the flag states -
especially flags of convenience that have delegated their task to classification societies - to comply with their
survey and certification duties.
Following on the foundation built by the Paris MOU, several other regional MOUs have been signed, including:
1. Tokyo MOU (Pacific Ocean),
2. Acuerdo Latino or Acuerdo de Viña del Mar (South and Central America),
3. the Caribbean MOU,
4. the Mediterranean MOU,
5. the Indian Ocean MOU,
6. the Abuja MOU (West and Central Atlantic Africa),
7. the Black Sea MOU, and
8. the Riyadh MOU (Persian Gulf).
Maritime Law

PSC gives focus on the inspection of the:
Nautical publication (SOLAS 74 R V/20)
Navigational equipment (SOLAS 74 R V/12 and 19)
Emergency starting and running tests (SOLAS 74 R II-2 - 4.3)
Lifesaving equipment. Rafts FF (SOLAS 74 R III/20, 23, 26 and 29)
Emergency Generator (start/stop only) (SOLAS 74 R II-1/42&43)Hull corrosion and
damages (Load Lines) (SOLAS 74 R I/11)
Main engine & aux. engines (SOLAS 74 R II/26, 27&28)
Oily water separator 15 ppm alarm (MARPOL Annex I/16(1))
Oil discharge monitor (ODM) (MARPOL Annex I/16)
Maritime Law

PSC gives focus on the inspection of the: (cont…)
Oil discharge monitor (ODM) (MARPOL Annex I/16)
Charts corrected and proper scale (SOLAS 74 R V/20)
Fire safety Control plan (SOLAS 74 R II-2/20)
Ventilation inlets/outlets (SOLAS 74 R II-2/16.9&48)
Emergency training and drills (Log book rec. SOLAS 74 R III/18)
Emergency lighting/batteries (SOLAS 74 R II/42&43)
Deck- and hatches corrosion and damages (LL 1966)
Steering gear - incl. auxiliary & emergency (Bridge inspection only - SOLAS 74 R V/19)
Cleanliness in engine room (SOLAS 74 R II-1/26 and ILO 134)
Cleanliness in accommodation (ILO 92 & 133)
Maritime Law

Port State Control Inspections may be conducted on the following basis:
initiative of the Port State Administration;
the request of, or on the basis of, information regarding a ship provided by another
Administration
information regarding a ship provided by a member of the crew, a professional body,
an association, a trade union or any other individual with an interest in the safety of
the ship, its crew and passengers, or the protection of the marine environment
Maritime Law
PSC inspections may be on random, targeted or periodical basis.
The following types of PSC inspections are used in PSC:

1. Initial Inspection (random)
2. More detailed inspection (escalated)
3. Expanded inspection (targeted/periodical)
Maritime Law
Definition of Inspection is:

A visit on board a ship to check both the validity of the relevant certificates and
other documents, and the overall condition of the ship, its equipment, and its crew
An inspection conducted when there are clear grounds for believing that the
condition of the ship, its equipment, or its crew does not correspond substantially
with the particulars of the certificates
certificates and documents required should therefore be readily available and
presented to the PSCO at his request during the PSC inspection
Maritime Law
Definition of Clear grounds is:

Evidence that the ship, its equipment, or its crew does not correspond
substantially with the requirements of the relevant conventions or that
the master or crew members are not familiar with essential shipboard
procedures relating to the safety of ships or the prevention of pollution
Maritime Law

Clear Grounds to conduct a more detailed inspection include:
1. the absence of principal equipment or arrangements required by the conventions;
2. evidence from a review of the ship‘s certificates that a certificate or certificates are
clearly invalid;
3. evidence that documentation required by the conventions are not on board,
incomplete, are not maintained or are falsely maintained;
4. evidence from the PSCO‘s general impressions and observations that serious hull or
structural deterioration or deficiencies exist that may place at risk the structural,
watertight or weather tight integrity of the ship;
Maritime Law

Clear Grounds to conduct a more detailed inspection include: (cont…)
5. evidence from the PSCO‘s general impressions or observations that serious deficiencies
exist in the safety, pollution prevention or navigational equipment;
6. information or evidence that the master or crew is not familiar with essential shipboard
operations relating to the safety of ships or the prevention of pollution, or that such
operations have not been carried out;
7. indications that key crew members may not be able to communicate with each other or
with other persons on board;
8. the emission of false distress alerts not followed by proper cancellation procedures;
9. receipt of a report or complaint containing information that a ship appears to be
substandard
Maritime Law

The PSCO during a more detailed inspection generally take the following into account:
structure;
machinery spaces;
conditions of assignment of load lines;
life-saving appliances;
fire safety;
regulations for preventing collisions at sea;
Cargo Ship Safety Construction Certificate
Cargo Ship Safety Radio Certificates;
equipment in excess of convention or flag State requirements;
Maritime Law

The PSCO during a more detailed inspection generally take the following into account: (cont…)
guidelines for discharge requirements under Annexes I and III of MARPOL 73/78 which includes:
• inspection of crude oil washing (COW) operations;
• inspection of unloading, stripping and prewash operations;
guidelines for control of operational requirements - which include:
• muster list;
• communication;
• fire drills;
• abandon ship drills;
• damage control plan and Shipboard Oil Pollution Emergency Plan;
• fire control plan;
Maritime Law

The PSCO during a more detailed inspection generally take the following into account: (cont…)
guidelines for control of operational requirements - which include: (cont…)
• bridge operation;
• cargo operation;
• operation of the machinery;
• manuals, instructions etc.;
• oil and oily mixtures from machinery spaces;
• loading, unloading and cleaning procedures for cargo spaces of tankers;
• dangerous goods and harmful substances in packaged form;
• garbage;
• minimum manning standards and certification;
• STCW 78;
• ISM; and
• ISPS Code
Maritime Law
Expanded Inspection is an inspection conducted according to non-

mandatory guidelines only once during 12 months period for certain
types of ships and certain categories of age and size
Oil tankers, bulk carriers, gas and chemical carriers and passenger ships
are subject to expanded inspections once during a period of 12 months
Maritime Law
Record of port State control inspections including safety-related details of

many ships is available on the internet from the Equasis database and
may be viewed by any member of the public.
Equasis forms part of the Quality Shipping campaign launched by the EU
in 1997 which is formally supported by signatories from marine
Administrations, classification societies, P&I clubs and the ITF
More than 40 organizations provide information to Equasis and is used
heavily by charterers and insurers as well as marine Administrations with
port State control functions
Maritime Law
the IMO RESOLUTIONS pertaining to Port State Controls are as follows:

－ Res.321 Procedures for the control of ships 12/11/1975
－ Res.466 Procedures of port state control 19/11/1981
－ Res.597 Amendments to the procedures for the control of ships
19/11/1987
－ Res.1052 Procedures for port state control 30/11/2011
Maritime Law
Convention of the Prevention of

Marine Pollution by Dumping of
Wastes and Other Matter (London
Dumping Convention) (LDC)
Maritime Law
Convention of the Prevention of Marine Pollution by Dumping of Wastes

and Other Matter
Adoption: 13 November 1972;
Entry into force: 30 August 1975;
1996 Protocol:
Adoption: 7 November 1996;
Entry into force: 24 March 2006
Maritime Law

and Other Matter
The Inter-Governmental Conference on the Convention on the Dumping of Wastes
at Sea, which met in London in November 1972 at the invitation of the United
Kingdom, adopted this instrument, generally known as the London Convention
One of the first international conventions for the protection of the marine
environment from human activities, came into force on 30 August 1975. Since
1977, it has been administered by IMO.
Maritime Law

and Other Matter
The London Convention contributes to the international control and prevention of
marine pollution by prohibiting the dumping of certain hazardous materials. In
addition, a special permit is required prior to dumping of a number of other
identified materials and a general permit for other wastes or matter.
"Dumping" has been defined as the deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-made structures, as well as
the deliberate disposal of these vessels or platforms themselves.
Maritime Law

and Other Matter
Amendments adopted in 1993 (which entered into force in 1994) banned the
dumping into sea of low-level radioactive wastes. In addition, the amendments
phased out the dumping of industrial wastes by 31 December 1995 and banned
the incineration at sea of industrial wastes.
In 1996, Parties adopted a Protocol to the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter, 1972 (known as the London
Protocol) which entered into force in 2006.
Maritime Law

and Other Matter
The Protocol, which is meant to eventually replace the 1972 Convention, represents a
major change of approach to the question of how to regulate the use of the sea as a
depository for waste materials. Rather than stating which materials may not be dumped,
it prohibits all dumping, except for possibly acceptable wastes on the so-called "reverse
list", contained in an annex to the Protocol.
The London Protocol stresses the “precautionary approach”, which requires that
“appropriate preventative measures are taken when there is reason to believe that
wastes or other matter introduced into the marine environment are likely to cause harm
even when there is no conclusive evidence to prove a causal relation between inputs and
their effects”.
Maritime Law

and Other Matter
It also states that "the polluter should, in principle, bear the cost of pollution" and
emphasizes that Contracting Parties should ensure that the Protocol should not simply
result in pollution being transferred from one part of the environment to another.
The Contracting Parties to the London Convention and Protocol have recently taken steps
to mitigate the impacts of increasing concentrations of CO2 in the atmosphere (and
consequently in the marine environment) and to ensure that new technologies that aim to
engineer the climate, and have the potential to cause harm to the marine environment, are
effectively controlled and regulated. The instruments have, so far, been the most advanced
international regulatory instruments addressing carbon capture and sequestration in sub-
sea geological formations and marine climate engineering such as ocean fertilization.
Maritime Law

and Other Matter
The 1996 Protocol restricts all dumping except for a permitted list (which

still require permits).

Contracting Parties "shall prohibit the dumping of any wastes or other
matter with the exception of those listed in Annex 1."

Maritime Law

and Other Matter
The permitted substances are:

1.Dredged material
2.Sewage sludge
3.Fish waste, or material resulting from industrial fish processing operations
4.Vessels and platforms or other man-made structures at sea
5.Inert, inorganic geological material
6.Organic material of natural origin
7.Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is
physical impact and limited to those circumstances, where such wastes are generated at locations, such as small
islands with isolated communities, having no practicable access to disposal options other than dumping
8.CO2 streams from CO2 capture processes.

Maritime Law
International Convention Relating to

Intervention on the High Seas in
Cases of Oil Pollution Casualties,
1969
Maritime Law
International Convention Relating to Intervention on the High Seas in

Cases of Oil Pollution Casualties, 1969
Adoption: 29 November 1969; Entry into force: 6 May 1975
The Convention affirms the right of a coastal State to take such measures on the high
seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or
related interests from pollution by oil or the threat thereof, following upon a maritime
casualty.
The coastal State is, however, empowered to take only such action as is necessary, and
after due consultations with appropriate interests including, in particular, the flag State
or States of the ship or ships involved, the owners of the ships or cargoes in question
and, where circumstances permit, independent experts appointed for this purpose.
Maritime Law

A coastal State which takes measures beyond those permitted under
the Convention is liable to pay compensation for any damage caused
by such measures. Provision is made for the settlement of disputes
arising in connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other
vessels owned or operated by a State and used on Government non-
commercial service.
Maritime Law

The 1969 Intervention Convention applied to casualties involving
pollution by oil. In view of the increasing quantity of other substances,
mainly chemical, carried by ships, some of which would, if released,
cause serious hazard to the marine environment, the 1969 Brussels
Conference recognized the need to extend the Convention to cover
substances other than oil.
Maritime Law
Protocol relating to Intervention on

the High Seas in Cases of Pollution by
Substances other than Oil, 1973
Maritime Law
Protocol relating to Intervention on the High Seas in Cases of Pollution by

Done at: London
Date enacted: 1973-11-02
In force: 1983-03-30
This Protocol extends the regime of the 1969 Intervention Convention
to cover substances other than oil.
Maritime Law

The 1973 London Conference on Marine Pollution therefore adopted the Protocol
relating to Intervention on the High Seas in Cases of Marine Pollution by
Substances other than Oil. This extended the regime of the 1969 Intervention
Convention to substances which are either listed in the Annex to the Protocol or
which have characteristics substantially similar to those substances.
The 1973 Protocol entered into force in 1983 and has been amended subsequently
to update the list of substances attached to it.
Maritime Law

The Parties of the present Protocol have agreed to:
Parties to the present Protocol may take such measures on the high seas as may be
necessary to prevent, mitigate or eliminate grave and imminent danger to their
coastline or related interests from pollution or threat of pollution by substances
other than oil following upon a maritime casualty or acts related to such a
casualty, which may reasonably be expected to result in major harmful
consequences.
Maritime Law

The Parties of the present Protocol have agreed to: (cont…)
"Substances other than oil" as referred to in paragraph 1 shall be:
(a)those substances enumerated in a list which shall be established by an
appropriate body designated by the Organization and which shall be annexed to
the present Protocol, and
(b)those other substances which are liable to create hazards to human health, to
harm living resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea.
Maritime Law
International Convention on Civil Liability

for Oil Pollution Damage,1969 (CLC 1969)
Maritime Law

The International Maritime Organization's (IMO) International
Convention on Civil Liability for Oil Pollution Damage, 1969 (1969 CLC)
was created to ensure that adequate compensation is available to
cover oil pollution damage resulting from maritime casualties involving
oil-carrying ships.
The Convention places the liability for such damage on the owner of
the ship from which the polluting oil escaped or was discharged.
Maritime Law

CLC requires ships covered by it to maintain insurance or other
financial security in sums equivalent to the owner's total liability for
one accident.
CLC applies to all seagoing vessels actually carrying oil in bulk as cargo,
but only ships carrying more than 2,000 tons of oils are required to
maintain insurance in respect of oil pollution damage.
CLC covers pollution damage resulting from spills of persistent oils
suffered in the territory (including the territorial sea) of Contracting
States
Maritime Law

Major Revisions or Amendments:
Protocol of 1976 (Adoption 9 November 1976, Entry into force; 8
April 1981) It provides a new unit of account based on the Special
Drawing Rights(SDR) instead of “ Poincare franc” based on the
“official “ value of gold.
Protocol of 1984 (Adoption 25 May 1984, Superseded by the 1992

Protocol.) It raised the applicable limits of liability (see below).
Maritime Law

Protocol of 1992 (The 1992 CLC): (Adoption; 27 November 1992, Entry into force; 30 May 1996)
The 1992 CLC changed the entry into force requirements by reducing from five(5) to four(4) the
number of large tanker-owning countries that are needed.
The compensation limits are those originally agreed in 1984:
for a ship not exceeding 5,000 gross tonnage, liability is limited to 3 million SDR;
for a ship 5,000 to 140,000 gross tonnage, liability is limited to 3 million SDR plus 420 SDR for
each additional unit of tonnage;
for a ship over 140,000 gross tonnage, liability is limited to 59.7 million SDR.
Maritime Law
International Convention on Civil Liability for

Oil Pollution Damage,1969 (CLC 1969)
Major Revisions or Amendments: (cont..)

2000 amendments (Adoption; 18 October 2000, Entry into force; 1
November 2003) The Amendments raised the compensation limits
by 50% compared to the limits set in the 1992
Maritime Law
International Convention on Civil Liability for

Oil Pollution Damage,1969 (CLC 1969)
From 16 May 1998, Parties to the 1992 Protocol ceased to be Parties to the 1969
CLC due to a mechanism for compulsory denunciation established in the 1992
Protocol.
So in due course, the 1969 CLC will be replaced by its 1992 CLC as amended in
2000
Applicability (situation of ratification):
The 1969 CLC; 38 States, 2.89 % of world tonnage, as at 30 September, 2008
The 1992 CLC; 121 States, 96.39% of world tonnage, as at 30 September 2008
THE END

Control and Management of Ship's Ballast Water

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STCW Code Table A-II/1 and A-II/2

International Convention for the Control and Management of

International Convention for the Control and Management of Ship’s Ballast

International Convention for the Control and Management of Ship’s

Sediments means matter settled out of Ballast Water within a ship.

International Convention for the Control and Management of Ship’s

(a) ships entitled to fly the flag of a Party; and

International Convention for the Control and Management of Ship’s

(a) ships not designed or constructed to carry Ballast Water;

International Convention for the Control and Management of Ship’s

International Convention for the Control and Management of Ship’s

International Convention for the Control and Management of Ship’s

International Convention on the

What is Anti-fouling system?

This system refers to a coating, paint, surface treatment or

The Convention was adopted in a diplomatic conference in 2001

Cumulative impacts are also harmful to human health as a result of

PURPOSE OF THE CONVENTION

To prohibit and restrict application, re-application, installation, or use of

CONTROL OF ANNEX 1 WASTE MATERIALS

Annex I of the Convention provide a list Organotin compounds which

CONTROL OF ANNEX 1 WASTE MATERIALS

Article 5 requires a Party to the Convention, taking into account

SURVEY AND CERTIFICATION

Article 10 of the Convention requires a party to the Convention to

SURVEY AND CERTIFICATION

SURVEY AND CERTIFICATION

PUNITIVE STEPS AGAINST A SHIP IN VIOLATION

Any violation of this Convention shall be prohibited and sanctions

PUNITIVE STEPS AGAINST A SHIP IN VIOLATION

Guidelines on the Enhanced Program of

The Guidelines should apply to surveys of hull structure and piping

The Guidelines contain the extent of examination, thickness

Overall survey is a survey intended to report on the overall condition

ENHANCED SURVEY CARRIED OUT DURING

The enhanced survey may be commenced at the fourth annual survey

As part of the preparation for the enhanced survey, the thickness

A survey in dry-dock should be a part of the enhanced survey during

Tank corrosion prevention system

Where provided, the condition of the corrosion prevention

Hatch covers and coamings

Random checking of the satisfactory operation of mechanically

Extent of overall and close-up surveys

Extent of thickness measurements

Extent of tank pressure testing

ENHANCED SURVEY CARRIED OUT DURING

The survey should consist of an examination for the purpose

Examination of the hull

Examination of the hull plating and its closing appliances should

Examination of hatch covers and coamings

It should be confirmed that no unapproved changes have been

Examination of cargo holds

For bulk carriers over 10 years of age, an overall survey of a

Examination of ballast tanks

Examination of ballast tanks should be carried out when required as a

INTERMEDIATE ENHANCED SURVEY

Those items which are additional to the requirements of the annual

An overall survey of representative ballast tanks selected by the surveyor

An overall survey of all cargo holds, including a close-up survey of

Extent of thickness measurements

Thickness measurements should be carried out to an extent sufficient

LIST OF DOCUMENTS AND