IMSML Website Article 23/2024: 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 INDUSTRIAL PERSONNEL (IP CODE)

Malaysian Shipping Notice, MSN 02/2024 implements a new Chapter XV (Safety Measure for Ships Carrying Industrial Personnel) of the Safety of Life at Sea (SOLAS) Convention, 1974, as implemented for the International Code of Safety for Ships Carrying Industrial Personnel (the IP Cade). Both Chapter XV of SOLAS 1974 and the IP Code will enter into force on 1 July 2024, see Para [2].

The new SOLAS and IP Code requirements are ‘MANDATORY’, see Para [3] and apply to all cargo ship and high speed cargo craft falling within the following:

[1] 500 gross tonnage and above; and

[2] Carry more than 12 industrial personnel (IP);

[3] On an ‘international’ voyage; AND

[4] Engaged in offshore industrial activities.

Definitions

Para [4] clarifies the usage of the following important terminology:

[1] ‘Industrial personnel’ (IP) - This includes persons transported, and persons accommodated on board the ship, see Para [4](i)

[2] ‘Offshore industrial activities’ - This includes construction, maintenance, decommissioning, operation or servicing of offshore facilities. The definition is also wide enough to encompass exploration and exploitation of resources in the renewable as well as hydrocarbon energy sectors. The phrase also includes aquaculture, ocean mining or similar activities, see Para [4](ii)

Application to New and Old Ships

Both new ships and old ships fall under these provisions, see Para [5]. For new ships, this includes ship and high speed cargo craft constructed after 1 July 2024, see Para [5](i). For existing ship, cargo ships and high-speed cargo craft constructed before 1 July 2024 are covered.

Mandatory Application to New Ships

New ships have to pay close attention to compliance requirements. New ships referred to in Para [5](i) above shall fully comply with the provisions of the IP Code, see Para [6]. This is a mandatory requirement under SOLAS 1974, Chapter XV, Regulation 3.1.

Application to Existing Ships

Existing ships are divided by Para [5](ii) into two distinct categories:

[1] Authorised Ships - These include ships which are expressly authorised by MARDEP. It also includes ships from a ‘Recognised Organisation’ (RO) that carry more than 12 ‘industrial personnel’, see Para [7](i).

Note, for the purposes of RO, see Resolution MSC.418(97) or certificated to the Code of Safety for Special Purpose Ships, 2008 (2008 SPS Code);

[2] Non-authorised Ships - This category if for ships which are not specifically authorised by MARDEP, or RO to carry more than 12 ‘industrial personnel’,see Para [7](ii).

Note, for non-authorised ships, see Resolution MSC.418(97).

Authorised Existing Ships

For such ships, compliance is required for all applicable parts of the IP Code, as mandated by SOLAS Chapter XV, Regulations 3.2 and 3.3. This is dependent on the fist intermediate or renewal survey, whichever occurs first, see Para [8]

Non-Authorised Existing Ships

The obligation is simple for this category. Fully comply with the provisions of the IP Code as required by SOLAS Chapter XV, Regulations 3.4, see Para [9].

Malaysia Flagged Ship

For such ships carrying more than 12 ‘industrial personnel’ have to seek authorisation pursuant to Resolution MSC.418(97). Alternatively, there has to be compliance with the SPS Code prior to the entry in force of the IP Code. Such request can be made through the RO, see Para [11].

After the RO grants authorisation, it is authorised to issue a Statement of Compliance (SOC), see Para [12]. This statement shall be in compliance with Resolution MSC.418(97) or SPS certification.

Links to the Appendices in MSN 02/2024

Flow chart for the compliance of the IP Code, see https://www.marine.gov.my/jlm/wp-content/uploads/2024/01/Appendix-1_Flowchart-IP-Code-MSN022024.pdf

Model format for SOC, see https://www.marine.gov.my/jlm/wp-content/uploads/2024/01/Appendix-2_Statement-of-Compliance-Template-Model-MSN022024.docx

Thank you for reading IMSML Website Article 23/2024

Stay tuned for the next IMSML Website Article 24/2024: 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,  19 March 2024

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