IMSML Website Article 1/2023: Resolution MSC.520(106), Amendments to the International Convention for the Safety of Life at Sea 1974 (SOLAS 1974), Chapter II-2

Introduction

Welcome back to the IMSML Website Article Series for 2023. Kicking off for this year is the ‘Resolutions Adopted by the 106th Session of the Maritime Safety Committee (MSC 106)’ issued by the Marine Department of Malaysia via Malaysian Shipping Notice, MSN 03/2023, on 16 February 2023. To clarify, the Marine Department of Malaysia issues these notices for shipowners, ship managers, ship agents, seafarers, port operators, ‘Recognised Organisations’ and other stakeholders in the maritime industry.

MSN 03 /2023 is a wake up call to the Malaysian Maritime Industry to prepare for the implementation of these specific resolutions by the International Maritime Organisation (IMO). There are twelve resolutions of MSC 106 which are the subject-matter of the Marine Department’s MSN 03/2023. For ease of reference, the author is listing the twelve resolutions here in brief:

[1] Resolution MSC.520(106) - Amendments to SOLAS 1974, Chapter II-2, which will be the focus of this article. The subsequent resolutions, from [2] to [12] will be dealt with individually in upcoming articles;

[2] Resolution MSC.521(106) - Amendments to SOLAS 1974, Chapter XV;

[3] Resolution MSC.522(106) - Amendments to the Protocol of 1978 of SOLAS 1974;

[4] Resolution MSC.523(106) - Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code);

[5] Resolutions MSC.524(106) - Amendments to the International Code for Safety for Ships Using Gases or other Low-Flashpoint Fuels (IGF Code);

[6] Resolution MSC.525(106) - Amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011 (2011 ESP Code);

[7] Resolution MSC.526(106) - Amendments to the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code);

[8] Resolution MSC.527(106) - International Code for the Safety of ships carrying Industrial Personnel (IP Code);

[9] Resolution MSC.528(106) - Recommended Cooperations to Ensure the Safety of Life at Sea, The Rescue of Persons in Distress at Sea and the Safe Disembarkation of Survivors;

[10] Resolution MSC.263(84)/Rev.1 - Performance Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships;

[11] Resolution MSC.529(106) - Statement of Recognition of Maritime Mobile Satellite Services Provided by CTTUC Through BDMSS;

[12] Resolution MSC.530(106) - Performance Standards for Electronic Chart Display and Information Systems (ECDIS).

The Nitty Gritty of Resolution MSC.520(106) - Amendments to SOLAS 1974, Chapter II-2

Now on to the first resolution listed by the Marine Department in the Appendix of MSN 03/2023. This is the summary provided by the Marine Department about Resolution MSC.520(106):

[1] The resolution is specific to Chapters II-2, Regulations 3 and 4 of SOLAS 1974.

[2] It concerns requirements for ships carrying oil fuel to be provided with a bunker delivery note, prior to bunker.

[3] This note has to state the flashpoint of the actual fuel batch, which must be in conformity with the flashpoint requirements of SOLAS.

[4] The amendment only applies to new and existing ships.

[5] The amendment only comes into force on 1 January 2026.

Regulation 1 - Application

A new Paragraph 2.5 in Regulation 1 applies the amendment to ships constructed 1 July 2012. Regulation 1 and Regulation 3 (see below) are in Part A of the Annex of SOLAS 1974 titled ‘General’.

Regulation 3 - Definitions

A new Paragraph 59 of Regulation 3 stipulates t a ‘confirmed case (flashpoint)’ is when a representative sample is analysed in accordance to standards acceptable by IMO. The sample can be analysed by a an accredited laboratory. The report should show that the flashpoint measured should be below 60 degrees Celsius.

According to the notes accompanying Paragraph 59, the flash-point is to be determined using the Pensky-Martens closed cup method. In particular Procedure A for Distillate Fuels, or Procedure B for Residual Fuels. The notes to Paragraph 59 also explain that ISO/IEC 17025:2017 is to be used as the standard for accreditation of the laboratory. The equivalent standard for the performance of the given flash point test is to be in accordance with ISO 2719:2016.

A new Paragraph 60 clarifies that a ‘representative sample’ is a product specimen having its physical and chemical characteristics identical to the average characteristics of the total volume being sampled. This is followed by a new Paragraph 61 that provides ‘oil fuel’ is to be defined in accordance with Regulation 1 of Annex 1 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978.

Regulation 4 - Probability of Ignition

Regulation 4 is in Part B of the Annex to SOLAS 1974, titled ‘Prevention and Explosion’. A new Paragraph 2.1.6 has been inserted together with associated notes. Under this new Paragraph 2.1.6, ships carrying fuel oil prior to bunkering will be provided with a declaration signed and certified by the oil fuel supplier’s representative. This declaration must state that the oil fuel to be supplied is in conformity with Paragraph 2.1 of Regulation 4. The declaration must also state the test method used for determining the flashpoint.

The new Paragraph 2.1.6 of Regulation 4 makes it mandatory, ie because of usage of the word ‘shall’, that the delivery note for the oil fuel delivered stipulates that the flashpoint specified is in accordance with acceptable IMO standards. An alternative statement which could be used in the delivery note is that the flashpoint has been measured at or above 70 degrees Celsius.

In the associated notes to Paragraph 2.1.6, details similar to that used in Regulation 3 above are included. For example, under ISO 2719:2016, the determination of the flashpoint is to be done via the Pensky-Martens close cup method, ie Procedure A (for Distillate Fuels), or Procedure B (for Residual Fuels).

For confirmed cases (flashpoint) where oil fuel suppliers failed to meet the requirements specified in Regulation 2.1 above, this data would have to be transmitted by appropriate authorities designated by Contracting Governments, to IMO (see new Paragraph 2.1.7). There is a legal obligation on the Contracting Governments to ensure the appropriate authorities designated by them, take action against oil fuel suppliers that have delivered non-complying fuel oils that do not satisfy Paragraph 2.1.

Note that Regulation 2 provides for ‘Fire Safety Objectives and Functional Requirements’. In particular:

[1] Preventing occurrence of fire and explosion (see Regulation 2.1.1);

[2] Reducing risk to life caused by fire (see Regulation 2.1.2);

[3] Reduction of risk of damage of fire to the ship, cargo and the environment (see Regulation 2.1.3);

[4] Contain, control and suppress fire and explosion in the compartment of origin (see Regulation 2.1.4);

[5] Provision of adequate and readily accessible means of escape for passengers and crew (see Regulation 2.1.5).

The following functional requirements must be met under Regulation 2.1:

[1] Division of the ship into main vertical and horizontal zones by thermal and structural boundaries (see Regulation 2.1.1);

[2] Separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries (see Regulation 2.1.2);

[3] Restricted use of combustible materials (see Regulation 2.1.3);

[4] Detection of any fire in the zone of origin (see Regulation 2.1.4);

[5] containment and extinction of any fire in the space of origin (see Regulation 2.1.5);

[6] Protection of means of escape and access for fire fighting (see Regulation 2.1.6);

[7] eady availability of fire-extinguishing appliances (see Regulation 2.1.7); and

[8] Minimization of possibility of ignition of flammable cargo vapour (see Regulation 2.1.8).

Thank you for reading IMSML Website Article 1/2023

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

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

Monday, 7 August 2023

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