IMSML Website Article 34/2024: Resolution MSC.532(107) - Amendments to the International Convention for the Safety of Life at Sea, 1974 (Chapter II-1, II-2, V and XIV)

This is the first subject-matter of Malaysian Shipping Notice MSN 12 / 2023 (issued on 5 September 2023) which concerns the Resolutions adopted by the IMO at its 107th Session of the Maritime Safety Committee (MSC 107). In total, there were 18 Resolutions made by the MSC at that session.

In short, Resolution MSC.532(107) introduces a new Regulation 3-13 on the requirements for ‘Lifting Appliances and Anchor Handling Winches’ by amending Chapters II-1, and a new prohibition on fire-fighting foams containing perfluoro octane sulfonic acid (PFOS) by amending Chapter II-2. There are also amendments that relate to the mandatory carriage of electronic inclinometers on board bulk carriers and container ships in Chapter V. The amendments conclude with the introduction of safety measures for non-SOLAS ships operating in polar waters through Chapter XIV.

Note, the amendments enter into force on 1 January 2026, and applies to both new and existing ships.

Chapter II-1: Construction - Structure, subdivision and Stability, Machinery and Electrical Installations

Part A - General

Regulation 2 - Definitions

A new Paragraph 30 (see Regulation 2 of Annex 2, Page 2) is introduced after the existing Paragraph 29. Lifting appliance is given a broad definition as it now means ‘any load-handling ship’s equipment’, including those used for:

[1] Cargo loading, transfer or discharge;

[2] Raising and lowering hold hatch covers or moveable bulkheads;

[3] Engine-room cranes;

[4] Store cranes;

[5] Hose handing cranes;

[6] Launch and recovery of tender boards and similar applications; AND …

[7] Personnel handling cranes.

Paragraph 31 defines ‘anchor handling winch’ as ‘any winch for the purpose of deploying, recovering and repositioning anchors and mooring lines in subsea operations’. In addition, Paragraph 32 provides that ‘loose gear’ means ‘an article of ships equipment by means of which a load can be attached to a lifting appliance or an anchor handling winch but which does not form an intergalactic part of the appliance or load’.

Under Paragraph 32, ‘loose gear’ means an article of ships equipment by means of which a load can be attached to a lifting appliance or an anchor handling winch but which does not form an integral part of the appliance or load.

In Regulation 3-13, the expression ‘installed on or after 1 January 2026’ means (see Paragraph 33):

[1] Any installation date on the ship - For ship the keel of which is laid or which is at a similar stage of construction on or after 1 January 2026;

[2] For ships other than those specified in [1] above, including those constructed before 1 January 2009:

[a] A contractual delivery date - For lifting lifting appliance or an handling winches; OR …

[b] In the absence of a contractual delivery date - The actual delivery date of the lifting appliance or anchor handling winches to the ship on or after 1 January 2026.

Part A-1: Structure of Ships

Regulation 3-13

Regulation 2 of Annex 2, Page 3 provides that a new Regulation 3-13 is added after the existing Regulation II-1/3-12. The new Regulation 3-13 deals with ‘Lifting Appliances and Anchor Handling Winches’.

What does it cover? Under Regulation 1.1, unless otherwise provided, the regulation shall apply to:

[1] Lifting appliances;

[2] Anchor handling winches;

[3] Loose gear utilised with the lifting appliances;

[4] Anchor handling winches.

What does it NOT cover? Under Regulation 1.2, the regulation does not apply to:

[1] Lifting appliances on ships certified as MODUs (ie certified and subject to the MODUs Code);

[2] Lifting appliances use on offshore construction ships (eg pipe /cable laying/repair or offshore installation vessels), ships for decommissioning work;

[3] Integrated mechanical equipment for opening and closing hold hatch covers;

[4] Life-saving launching appliances complying with the International Life-Saving Appliance (LSA) Code.

What must be complied with in the design, construction and installation for lifting appliances? Under Regulation 2.1, applicable to lifting appliances installed on or after 1 January 2026, the following standards are applicable:

[1] Design, constructed and installed in accordance with the requirements of a classification society recognised by IMO;

[2] The standards must be in accordance with Regulation XI-1/1 or IMO standards which provide an equivalent level of safety;

[3] Load tested and thoroughly examined after installation and before being taken into use for the first time;

[4] The testing in [3] above is also required after repairs, modifications or alterations of a major character.

What about anchor handling winches installed on or after 1 January 2026? 

These must be designed, constructed, installed and tested to the IMO’s satisfaction based on its guidelines, see Paragraph 2.2. Note, the guideline sreferred to are MSC.1/Circ.1662, Guidelines for Anchor Handling Winches.

What are the applicable standards for lifting appliances?

[1] For those installed before 1 January 2026 - Thoroughly examined to ensure compliance with IMO guidelines no later than the first renewal survey on or after 1 January 2026, see Paragraph 2.4 and 2.5;

[2] For those installed on or after 1 January 2026 - Permanently marked and provided with documentary evidence for the safe working load, see Paragraph 2.3

What are the duties with respect to Maintenance, operation, inspection and testing regardless of installation date for all lifting appliances and anchor handling winches?

The gear shall be thoroughly examined, inspected, operated and maintained based on IMO Guidelines, see Paragraph 3.

What must be done for inoperative lifting appliances and anchor handling winches? Malfunctions shall not be assumed as making the ship unseaworthy or as a reason for delaying the ship in ports, see Paragraph 4. However, the master is to take the inoperative lifting appliance or anchor handling into account in planning and executing a safe voyage, see Proviso to Paragraph 4.

CHAPTER II-2: Construction, Fire protection, Fire Detection and Fire Extinction

Part  A - General

Regulation 1 - Application

Compliance not later than the date of the ‘first survey’ (see MSC.1/Circ.1290 which is the ‘Unified interpretation of the term ‘first survey’ referred to in SOLAS Regulations’), see Paragraph 2 .

Part C - Suppression of Fire

Regulation 10 - Fire Fighting

A new Paragraph 11 is introduced to deal with ‘Fire-extinguishing media restrictions’. There is a duty to minimise the impact of fire-extinguishing media that are deemed detrimental to the environment. This functions to protect persons on board against exposure to dangerous substances used in fire-fighting. The provisions applies to ships constructed on or after 1 January 2026, see Paragraph 11.1. The prohibited substances shall be delivered to appropriate shore-based reception facilities when removed from the ship, see Paragraph 11.2.1. There is a complete prohibition on the use or storage of extinguishing media containing perfluorooctane sulfonic acid (PFOS), see Paragraph 11.2.2.

CHAPTER V - SAFETY OF NAVIGATION

Regulation 2 - Definitions

Two important terms are defined. The first is ‘bulk carrier’, which means a bulk carrier defined by Regulation XII/1.1. The second is ‘containership’ which means a ship which is intended primarily to carry containers.

Regulation 18 - Approval, surveys and performance standards of navigational systems and equipment and voyage data recorder.

This provides for the incorporation of Resolution MSC.363(93) which deals with ‘Performance standards for electronic inclinometers’.

Regulation 19 - Carriage Requirements for Shipborne Navigational Systems and Equipment

This regulation adds a new 2.12 for containerships and bulk carriers of 3,000 gross tonnage and upwards, constructed on or after 1 January 2026. Both types of vessels shall be fitted with an electronic inclinometer, or other means, to determine, display and record the ship’s roll motion.

CHAPTER XIV - SAFETY MEASURES FOR SHIPS OPERATING IN POLAR WATERS

Regulation 2 - Application

CHAPTER XIV is applicable to the following ships operating in ‘polar waters’:

[1] Chapter I certified ships;

[2] Fishing vessel of 24 metres overall length and above;

[3] 300 gross tonnage (and upwards) pleasure yachts that are not engaged in trade;

[4] 300-500 gross tonnage cargo ships.

Note, that ship excepted from these provisions under Paragraph 5, include:

[1] Ships owned or operated by a Contracting Government;

[2] Ships used (for the time being) only in government non-commercial service.

Regulation 3 - Requirements for ships to which this chapter applies

Ships are required to comply with the PART I-A of the Polar Code, and subjected to survey and certified. This includes the required certification.

Regulation 3-1 - Requirements for fishing vessels of 24 metres in length overall and above, pleasure yachts go 300 gross tonnage and upwards not engaged in trade and cargo ship of 300 gross tonnage and upwards but below 500 gross tonnage.

This regulation has one of the longest ‘titles’ that I have come across in IMO provisions. Regulation 3-1 applies to all voyages in the Antarctic area and voyages in Arctic waters beyond the outer limit of the territorial sea of Contracting Governments. The provisions apply to nations that are entitled to fly and comply with the Polar Code (see Chapters 9-1 and 11-A of Part 1-A).

The following ships are excepted from the Polar Code and are exempted from Regulation 3-1:

[1] Fishing vessels which have an overall length of 24 metres and above;

[2] Ships not engaged in international voyages between 300-500 gross tonnage.

APPENDIX - CERTIFICATES (see Annex 2, p 8)

Form P deals with ‘record of equipment for passenger ship safety. It contains details of life-saving appliances, including the new detail of ‘number of immersion suits’. Additional details include ‘Cargo Ship Safety Equipment Certificate’ for ‘Containership’ (a new entry after ‘Gas Carrier’).

Form E which deals with ‘record of equipment for cargo ship safety’, repeats which is found in Form P, but in the context of a ‘cargo ship’. The ‘number of immersion suits’ are now required to be in the certificate. Form E also provides for the inclusion of an ‘electronic inclinometer’.

There is also a specific ‘Nuclear Cargo Ship Safety Certificate. This replicates requirements for numbers of immersion suits and an electronic inclinometer.

Thank you for reading IMSML Website Article 34/2024

Stay tuned for the next IMSML Website Article 35/2024: Resolution MSC.533(107) - Amendments to the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 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

Tuesday,  25 June 2024

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