IMSML Website Article 26/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 9 of 10 - Paragraph 14, LRIT Coordinator

Today’s article on Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, is PART 9 of a series of article which will conclude with PART 10. The subject-matter for today is Paragraph 14, the LRIT Coordinator.

Paragraph 14 - The LRIT Coordinator

What Assistance Should the LRIT Coordinator Provide?

Paragraph 14.1 provides for the appointment of the LRIT Coordinator. The overarching function of the LRIT Coordinator is to provide assistance is establishing the International LRIT Data Centre and/or the International LRIT Data Exchange, see Paragraph 14.2. The four areas in which the LRIT Coordinator should provide assistance are as follows:

[1] Develop new technical specifications for the LRIT system, based on the present performance standard specifications, see Paragraph 14.2.1;

[2] Issuing proposals for establishing and operation of International LRIT Data Centres and/or the International LRIT Data Exchange, see Paragraph 14.2.2;

[3] Evaluation of proposals concerning management, operations, technical and financial aspects of the LRIT system, including submitting recommendations for consideration, see Paragraph 14.2.3;

[4] Participation is testing and integration of the LRIT system, and subsequent reporting of its findings, see Paragraph 14.2.4.

What Can the Maritime Safety Committee Request the LRIT Coordinator to Do?

Under Paragraph 14.3, the LRIT Coordinator is tasked to take into account present performance standards and technical specifications, when requested to do the following by the Maritime Safety Committee:

[1] To investigate operational, technical disputes or invoicing difficulties. Where appropriate, the LRIT Coordinator is empowered to make recommendations for a settlement where appropriate, see Paragraph 14.3.1;

[2] Participate in the testing and integration of LRIT Data Centres into the LRIT System, and subsequently reporting its findings, see Paragraph 14.3.2;

[3] Testing of new or modified procedures or arrangements for communications between the International LRIT Data Exchange, the LRIT Data Centres and the LRIT Data Distribution Plan server, as well as reporting its findings, see Paragraph 14.3.3.

What Should the LRIT Coordinator Do on an Annual Basis?

Under Paragraph 14.4, the LRIT Coordinator should undertake a performance review of the LRIT System, including performance standards, technical specifications and any related decision made by the Maritime Safety Committee. In particular, the LRIT Coordinator is tasked to do the following (ie reproduced here in verbatim):

[1] participating in the development of any new technical specifications for the LRIT system or of any amendments to existing ones taking into account the provisions of regulation V/19-1, the present performance standards, the existing technical specifications and any related decisions of the Committee, see Paragraph 14.4.1;

[2] issuing, when requested by the Committee, requests for the submission of proposals for the establishment and operation of the International LRIT Data Centre and/or the International LRIT Data Exchange, see Paragraph 14.4.2;

[3] evaluating the management, operational, technical and financial aspects of the proposals received taking into account the provisions of regulation V/19- 1, the present performance standards, the technical specifications for the LRIT system and any other related decisions of the Committee and submitting its recommendations in this respect for consideration by the Committee, see Paragraph 14.4.3; and

[4] participating, as and when requested by the Committee, in their testing and integration into the LRIT system and reporting its findings in this respect for consideration by the Committee, see Paragraph 14.4.4.

What Recommendations Can the LRIT Coordinator Make?

When performing testing or reviews, the LRIT Coordinator is tasked with reporting its findings. Under Paragraph 14.5, the LRIT Coordinator may make the following in its reports to the Maritime Safety Committee:

[1] Recommendations based on analysis of its findings;

[2] Views on improving efficiency;

[3] Increasing effectiveness and security.

What Does the LRIT Coordinator Need in Order to Perform its Functions Effectively?

Under Paragraph 14.6, it is envisage that there LRIT Coordinator should be able to do the following in order to perform its functions effectively:

[1] Access to management, charging, technical and operational data, at the required level to LRIT Data Centres and International LRIT Data Exchange, see Paragraph 14.6.1;

[2] Analysis of samples collected and compiled by LRIT Data Centres and the International LRIT Data Exchange, see Paragraph 14.6.2;

[3] Analysis of statistics collected and compiled by LRIT Data Centres and the International LRIT Data Exchange, see Paragraph 14.6.3;

[4] Access to current and earlier version of the LRIT Distribution plan, see Paragraph 14.6.4.

How are the Charges Levied by the LRIT Coordinator?

The LRIT Coordinator should establish charges it would be levying. This should be communicated to the Maritime Safety Committee. This sum represents a recover of the expenditure the LRIT Coordinator incur to providing its services, see Paragraph 14.7. In particular, charges are to be paid in accordance with agreements and the applicable laws of the Contracting State. These are the 8 principles that regulate the charges levied (ie which are reproduced here in verbatim):

[1] in relation to the evaluation of proposals for the establishment of the International LRIT Data Centre and/or the International LRIT Data Exchange (paragraph 14.2.3), by those submitting the related proposals, see Paragraph 14.7.1;

[2] when participating in the testing and integration of the International LRIT Data Centre and/or the International LRIT Data Exchange into the LRIT system (paragraph 14.2.4), by the International LRIT Data Centre and/or the International LRIT Data Exchange as the case may be, see Paragraph 14.7.2;

[3] when undertaking the investigation of operational or technical disputes or invoicing difficulties (paragraph 14.3.1), by the party requesting the service, see Paragraph 14.7.3;

[4] when participating in the testing and integration of LRIT Data Centre(s) into the LRIT system (paragraph 14.3.2), by the LRIT Data Centre(s) being tested or integrated, see Paragraph 14.7.4;

[5] when participating in the testing of new or modified procedures or arrangements for communications between the International LRIT Data Exchange, the LRIT Data Centres and the LRIT Data Distribution Plan server (paragraph 14.3.3), by the International LRIT Data Exchange and/or the LRIT Data Centre(s), see Paragraph 14.7.5;

[6] when reviewing the performance of ASPs (or CSPs when they act as ASPs) providing services to the International LRIT Data Centre (paragraph 14.4.1), by the ASPs concerned, see Paragraph 14.7.6;

[7] when auditing the performance and fee structures of LRIT Data Centres (paragraph 14.4.2), by the LRIT Data Centre concerned, see Paragraph 14.7.7; and

[8] when auditing the performance and fee structure of the International LRIT Data Exchange (paragraph14.4.3), by the International LRIT Data Exchange, see Paragraph 14.7.8.

What Payments does IMO Not Need to Make to the LRIT Coordinator?

A list of payments need not be made by IMO to the LRIT Coordinator are provided for in Paragraph 14.7.2. These include, any work, reporting and recommendations carried out by the LRIT Coordinator in:

[1] Paragraph 14.2 (ie assisting in the establishment of International LRIT Data Centre and/or International LRIT Data Exchange);

[2] Paragraph 14.3 (ie investigation and testing of technical standards);

[3] Paragraph 14.4 (ie performance review);

[4] Paragraph 14.5 (ie identifying non-conformities).

What are the Payment Obligations by Contracting Governments to the LRIT Coordinator?

These payment obligations are provided for in Paragraph 14.7.3. First, just like IMO (see above in Paragraph 14.7.2), Contracting Governments do not have obligations to make direct payments to the LRIT Coordinator for services it is required to make under Paragraphs 14.2 to 14.5.

Second, Contracting governments may be required by LRIT Data Centres to pay fees for the information they request and receive. Note that this may contain elements to offset the changes paid by LRIT Data Centres to the LRIT Coordinator for the functions it performs.

Third, the Contracting Government which makes a request directly from the LRIT Coordinator, for a specific service, payment should be made for the specific service requested.

Thank you for reading IMSML Website Article 26/2023

Stay tuned for the next IMSML Website Article 27/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 10 of 10 - Paragraph 15, 16 & 17, Administrations, Contracting Governments, Search & Rescue Services

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, 4 October 2023

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