IMSML Website Article 19/2025: MSN 02/2024 - IMPLEMENTATION OF THE NEW CHAPTER XV OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS) 1974, AS AMENDED, AND THE INTERNATIONAL CODE OF SAFETY FOR SHIPS CARRYING CARRYING INDUSTRIAL PERSONNEL (IP CODE)

Under Malaysian Shipping Notice (MSN) 02/2024, this new SOLAS Chapter XV, together with its accompanying IP Code, entered into force on 1 July 2024.

Scope

What 'cargo ships’ and ‘high-speed cargo craft’ fall under the purview of these new rules? According to Paragraph 3, they fall under the rules if they are:

[1] 500 gross tonnage and above, see Paragraph 3(i);

[2] Carry more than 12 industrial personnel (IP), see Paragraph 3(ii);

[3] On an ‘international voyage’, see Paragraph 3(iii);

[4] Engaged in ‘offshore industrial activities’, see Paragraph 3(iv).

Terminology

What are the characteristics of ‘Industrial Personnel’ (IP)? Paragraph 4 stipulates that such persons means:

[1] All persons transported for the purpose of offshore industrial activities;

[2] IP can be transported on the ship or accommodated on board;

[3] The industrial activities can be performed on board the ship, another ship and/or offshore facilities.

What falls within the definition of ‘offshore industrial activities’? As defined by Paragraph 4(ii), this means:

[1] Construction;

[2] Maintenance;

[3] Decommissioning;

[4] Operation or servicing offshore facilities;

[5] Exploration and exploitation of resources;

[6] Whether in the renewable or hydrocarbon energy sectors;

[7] Aquaculture;

[8] Ocean mining or similar activities.

When and how is SOLAS Chapter XV applicable to ‘new ships’? It is applicable to ‘new ships’ on 1 July 2024, see Paragraph 5(i). Full compliance with the provisions of the IP Code is required as stipulated by Regulation 3.1 of Chapter XV of SOLAS, see Paragraph 6.

When and how is SOLAS Chapter XV applicable to ‘existing ships’? Chapter XV is all applicable to ships constructed before 1 July 2024, see Paragraph 5(ii). ‘Non-authorised’ ships, ie those that have not received authorisation from the Malaysia Marine Department, cannot carry more than 12 ‘industrial personnel’ as stipulated by Resolution MSC.418(97), see Paragraph 7(ii). ‘Authorised’ ships are those permitted by the Malaysian Marine Department to carry more than 12 IP, as authorised by Resolution MSC.418(97), and certification pursuant to the Code of Safety for Special Purpose Ships 2008 (2008 SPS Code), see Paragraph 7(i).

How does One comply with the IP Code? A guide is provided in the form of a flow chart in Appendix 1:

[1] Question 1 - Is the Cargo ship or high-speed cargo craft engaged in offshore industrial activities?

[2] If the answer is ‘NO’, then the IP Code is not applicable.

[3] If the answer is ‘YES’, then ask Question 2.

[4] Question 2 - Was the ship constructed on or after 1 July 2024?

[5] If the answer to Question 2 is ‘YES’, then it is a ‘NEW SHIP’.

[6] A ‘NEW SHIP’ has to comply with the IP Code in full, see Regulation 3.1 of SOLAS Chapter XV.

[7] If the answer to Question 2 is ‘NO’, ask Question 3.

[9] Question 3 - Does the ship have a SOC in accordance with MSC.418(97) or a SPS Certificate?

[10] If the answer to Question 3 is ‘YES’, then the vessel is an ‘AUTHORIZED EXISTING SHIP’. The IP Code then applies partially, see Regulation 3.2 and Regulation 3.3 of SOLAS Chapter XV.

[10] If the answer to Question 3 is ‘NO’, then the ship is ‘NOT AN AUTHORIZED EXISTING SHIP’. The IP Code therefore applies in full, see Regulation 3.4 of SOLAS Chapter 3.4.

Malaysian Flagged Ship

What happens when an existing Malaysia registered ship carries more than 12 IP? According to Paragraph 11, that ship is urged to:

[1] Seek authorisation in line with Resolution MSC.418(97); OR …

[2] Comply with the the SPS Code prior to entry into force of the IP Code.

Note, the request above can be made through the Recognised Organisation (RO). In the case of Malaysia, it is the Marine Department of Malaysia.

What happens after the granting of authorisation by the RO? The RO is allowed to issue a statement of compliance (SOC) in accordance with Resolution MSC,148(97) or SPS Certification.

What are the contents of the Statement of Compliance (SOC)? Among the details listed in Appendix 2 of MSN 02/2024 are as follows:

[1] Name of the vessel;

[2] Distinctive numbers or letters;

[3] Port of registry;

[4] Gross tonnage;

[5] Type of vessel;

[6] IMO number;

[7] Official number;

[8] Date on which the keel was laid;

[9] The number of industrial personnel carried on board;

[10] The total number for which life-saving appliances is provided for;

[11] Confirmation that the industrial personnel are not less than 16 years of age;

[12] The industrial personnel have received the required regulatory training and achieved the required standards;

[13] Ship specific safety familiarization has taken place;

[14] Personnel are equipped with protective clothing and/or suitable equipment for the risks faced whilst on board the ship and through the transfer process;

[15] Confirmation that IMO Guidance has been taken into account;

[16] Completion date of the survey;

[17] Date and place of issue of the SOC;

[18] Signature and stamp.

Thank you for reading IMSML Website Article 19/2025

Stay tuned for the next IMSML Website Article 20/2025: MSN 03/2024 - AMENDMENT TO REQUIREMENT OF MARINE RISK ASSESSMENT (MRA) FOR SHIPS ACTIVITIES IN MALAYSIAN WATERS

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday,  13 May 2025

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my