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

This article is on a resolution of Maritime Safety Committee (MSC) MSC.522(106) in the Appendix of Malaysian Shipping Notice, MSN 03/2023, released on 16 February 2023. The MSC Resolution adopted by the 106th Session of the Maritime Safety Committee (MSC 106). In the Marine Department’s MSN 03/2023, it is the third resolution in Appendix I.

According to the Marine Department’s summary, MSC.552(106) amends the Appendix to the Annex to the 1978 SOLAS Protocol, which concerns the Form of Safety Equipment Certificate for Cargo Ships. The amendments, ie usage of the new form, will enter into force on 1 January 2026.

The new form replaces the existing form of the Cargo Ship Safety Equipment Certificate. The Template is known as Form of Safety Equipment Certificate for Cargo Ships. In addition to this document, the template stipulates that it must be used together with FORM E, which is a Record of Equipment for Cargo Ship Safety. These are the features of the new form:

[1] The official seal;

[2] The name of the government / state that issued the form;

[3] The person or organisation that is authorised to issue the certificate;

[4] Particulars of the ship (which may be placed horizontally in boxes), such as:

(a) Name of the Ship;

(b) Distinctive number or letters;

(d) Gross tonnage;

(e) Deadweight of the ship (in metric tons) (Note: Only for oil tankers, chemical tankers and gas carriers);

(f) Length of the ship (see Regulation III/3.12);

(g) IMO number (see Resolution A.1117(30) of IMO Ship Identification Number Scheme);

(h) Type of ship: Bulk carrier, Oil tanker, Chemical tanker, Gas carrier, any other cargo ship;

[5] Date on which the keel was laid, or date on which work for a conversion or alteration or modification of a major character was commenced.

[6] The validity period of the certificate;

[7] Completion date of the survey on which the certificate is based;

[8] Place and date of issue of the certificate;

[9] Signature and stamp of the issuing authority of the certificate, where appropriate;

The certificate stipulates that the ship has been surveyed in accordance with the requirements of Regulation I/8 of the Convention, as modified by the 1978 Protocol. The certificate provides that the survey showed the ship has complied with the requirements of the Convention with regard to the following:

[1] Fire safety systems, appliances and fire control plans;

[2] Life-saving appliances and the equipment of the lifeboats, liferafts and rescue boats were provided in accordance with the requirements of the Convention;

[3] Line-throwing appliance in accordance with the requirements of the Convention;

[4] Shipborne navigational equipment, means of embarkation for pilots and nautical publications;

[5] Lights, shapes and means of making sound signals and distress signals in accordance with the requirements of the Convention and the International Regulations for Preventing Collisions at Sea in force;

[6] In all other respects the ship complied with the relevant requirements of the Convention;

[7] The ship was/was not subjected to an alternative design and arrangements in pursuance of regulation(s) II-2/17 / III/38 of the Convention;

[8] A document of approval of alternative design and arrangements for fire protection/life-saving appliances and arrangements4 is/is not4 appended to this Certificate.

The certificate should also stipulate compliance with Regulation III/26.1.1.1, ie stating the limits of the trading area within which the vessel operates. Also, pursuant to Regulation I/6(b), the certificate should state whether the Government has instituted mandatory annual surveys, or unscheduled inspections. In addition, there should also be information whether an Exemption Certificate has / has not been issued.

For tankers of 10 years of age and over, an Intermediate Survey needs to be carried out by virtue of Regulation I/8 of the Convention, as modified by the 1978 Protocol. For this survey, there must be the signature of the authorised official, the place and date where the document was signed. If appropriate, the seal or stamp of the official can be affixed.

Under Regulation I/6(b), the certificate also has places for mandatory annual surveys, or unscheduled inspections. When these inspections have been carried out, it has to be signed. The date and place of the signature has to be indicated. If appropriate, a seal or stamp of the authority can be used. Note that for surveys, the following can be referred to:

[1] Resolution A.560(14) as amended by Resolution MSC.84(70) on:

(a) Guidelines on surveys required by the 1978 SOLAS Protocol;

(b) The International Bulk Chemical Code;

[2] Survey Guidelines under the Harmonised System of Survey and Certification (HSSC) 2011, as amended by IMO’s Resolution A.1053(27).

**Note that the certificate states that an intermediate survey, but not an unscheduled inspection, may take the place of a mandatory annual survey.

Under Regulation I/14 of the Convention as modified by the 1978 Protocol, the validity of the certificate can be extended. If this is done, in addition to the signature of the authority, the date and place must also be indicated. As usual, a seal or stamp of the authority can be used as appropriate.

Thank you for reading IMSML Website Article 3/2023

Stay tuned for the next IMSML Website Article 4/2023: Resolution MSC.523(106) - Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code)

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

Friday, 11 August 2023

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