IMSML Website Article 2/2023: Resolution MSC.521(106) - Amendments to SOLAS 1974, Chapter XV

This is the second resolution in the Appendix of Malaysian Shipping Notice, MSN 03/2023, on 16 February 2023. The Marine Department (MARDEP) issued the Resolutions Adopted by the 106th Session of the Maritime Safety Committee (MSC 106). Today’s article is on Resolution MSC.521(106) - Amendments to SOLAS 1974, Chapter XV.

These are details in the summary provided by MARDEP in MSN 03/2023. First, the Resolution MSC.521(106) adopts a ‘new Chapter’, ie Chapter XV on Safety Measure for Ships Carrying Industrial Personnel. The new chapter concerns unified application of requirements to vessels that transport and accommodate industrial personnel working offshore. Second, these regulations are application to new and existing cargo ships, as well as to high-speed cargo craft. Third, only ships that are 500 gross tonnage and over are caught. Fourth, these requirements only apply to ships on international voyages. Fifth, only larger vessels carrying more than a total of 12 industrial personnel, special personnel and passengers combined, are targeted. Sixth, the new Chapter XV will come into force on 1 July 2024.

According to MSC.521(106), MSC 106 added this new chapter after the existing Chapter XIV on ‘Safety Measures for Ships Operating in Polar Waters’. The new Chapter XV starts with Regulation 1 on ‘Definitions’. There are four important definitions to take note of, which definite the scope and application of this new chapter:

[1] Industrial personnel (IP) - means all persons transported or accommodated on board for the purpose of off shore industrial activities that are performed on board other ships and/or offshore facilities;

[2] IP Code - This is a reference to the International Code of Safety for Ships Carrying Industrial personnel. The IP Code was adopted via Resolution MSC.527(106). The definition envisages the amendment is to be adopted, brought into force and takes effect in accordance with Article VIII of the Convention. Note that this concerns amendment procedures applicable to the Annex other than Chapter 1.

[3] Offshore industrial activities - means the construction, maintenance, decommissioning, operations or servicing of offshore facilities. These facilities related to, but it not limited to, exploration, exploitation of resources in both the renewable or hydrocarbon sectors, aquaculture, ocean mining or similar activities.

[4] HSC Code - means the International Code of Safety for High Speed Craft 2000, as adopted by Resolution MSC.97(73). Amendments to the HSC Code which are brought into force and take effect in accordance with the provisions of Article VIII of the Convention.

Regulation 2 - General

Whenever a reference is made to passenger ship requirements in the IP Code, the corresponding cargo ship requirements are deemed to be complied with (see Regulation 2.1).

For the purposes of Chapter XV, ‘industrial personnel, shall not be treated or considered as ‘passengers’ (see Regulation 2.2).

The number of passengers carried on board shall not exceed 12. The number of industrial personnel, special personnel (as defined in the Code of Safety for Special Purpose Ships 2008), and passengers carried on board, shall be aggregated and not exceed 12. This must be done when the number os industrial personnel appears as a parameter (see Regulation 2.3).

Note, a ship certified in accordance with Chapter XV and the IP Code, shall be deemed to have complied with the requirements of Chapters 2-12 and 18 of the HSC Code (see Regulation 2.4).

Regulation 3 - Application

There are a few hoops to jump through before this new chapter is applicable. First, by virtue of Regulation 3.1, Chapter XV applies to cargo ships and high-speed cargo craft. Second, these vessels must be 500 gross tonnage and above. Third, the chapter only applies to new ships, ie those constructed on or after 1 July 2024. Fourth, only ship which carry more than 12 industrial personnel are subject to this new chapter.

So what about ship constructed before 1 July 2024? The answer for this is found in Regulation 3.2. There are two main requirements which must be looked at. First, for ships authorirized to carry more than 12 industrial personnel by IMO or its Administration, there must be compliance with Regulations III/1, III/2 (except for Paragraph 2.1.7). Second, there must also be compliance with Regulations IV/7 and IV/8 of the IP Code. Third, this compliance must occur by the first intermediate survey or renewal survey, whichever occurs first, after 1 July 2024.

So what about High-speed cargo craft constructed before 1 July 2024? Just like Regulation 3.2 above which covers ships generally, for these specialised craft, one has to look at Regulation 3.3. First, if a high-speed cargo craft has been authorised by IMO to carry more than 12 industrial personnel, there must be compliance with Regulations III/1 and III/2 (except for Paragraph 2.1.7). Second There must also be compliance V/7 abd V/8 of the IP Code. Third, compliance must be achieved by the third periodical or first renewal survey, whichever occurs first, after 1 July 2024.

If a vessel has not been authorised by IMO to carry more than 12 industrial personnel prior to 1 July 2024, the ship shall comply and be certified in accordance with Chapter XV and the IP Code, prior to any carriage of more than 12 industrial personnel on board (see Regulation 3.4). Note, for further details, reference can be made to Interim Recommendations on the safe carriage of more than 12 industrial personnel on board vessels engaged on international voyages, see Resolution MSC.418(97).

The word ‘constructed’ is used specifically a few times in Regulation 3. Whenever this word is used, it refers to the description given in the regulations as follows:

[1] For cargo ships, II-2/1.1.2.1, as complemented by Regulation II-2/1.1.3; and

[2] For high-speed cargo craft, X/1.4, as complemented by Regulation X/1.5.

Regulation 4 - Application of other chapters

This Regulation simply clarifies that cargo ships shall remain regulated by all other chapter, except as modified by Chapter XV (see Regulation 4.1). For high-speed craft governed by the HSC Code, such crafts are regulated by the provisions of the HSC Code, unless specifically modified by Chapter XV (see Regulation 4.2).

Regulation 5 - Requirements

Regulation 5.1 provides that ships and high-speed craft subject to Chapter XV, shall comply with three requirements:

[1] Be certified as a cargo ship or high-speed cargo craft in accordance with either Chapters 1, VII or X, as applicable (see Regulation 5.1.1);

[2] Meet the requirements of the IP Code (see Regulation 5.1.2); and

[3] Be surveyed and certified in as provided for in the IP Code, in addition to meeting the requirements of Regulations I/8, I/9 and I/10, or Section 1.5 to 1.9 of the HSC Code.

Ships and high-speed craft which hold a certificate issued under Regulation 5.1, are subject to the control established in Regulations I/19 or XI/4, and in 1.10 of the HSC Code, as applicable (see Regulation 5.2).

Thank you for reading IMSML Website Article 2/2023

Stay tuned for the next IMSML Website Article 3/2023: Resolution MSC.522(106) - Amendments to the Protocol of 1978 of SOLAS 1974

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

Wednesday, 9 August 2023

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