IMSML Website Article 40/2024: Resolution MSC.538(107) - Amendments to the International Code for Ships Operating in Polar Waters (Polar Code)

Resolution MSC.538(107) of the Maritime Safety Committee (MSC) was made at its 107th’s Session. It is applicable in Malaysia via Malaysian Shipping Notice (MSN) 12 / 2023 (released on 5 September 2023). Resolution MSC.538(107) is the seventh subject-matter of Annex 1 in MSN 12/2023.

The amendments are to the International Code for Ships Operating in Polar Waters (Polar Code) are found in Annex 1 and Annex 2.

ANNEX 1 - Part I-A - Safety Measures

Chapter 9 - Safety of Navigation

A new Chapter 9 is introduced for the ‘Safety of Navigation of Ships in Accordance with SOLAS Chapter 1’, see Paragraph 9.1. It is applicable to ‘ships certified in accordance with SOLAS Chapter 1’, see Paragraph 9.2. A newly inserted Chapter 9-1 deals with safety of navigation for:

[1] Fishing vessels of 24 metres in length overall and above;

[2] Pleasure yachts of 300 gross tonnage and upwards not engaged in trade;

[3] Cargo ships of between 300-500 gross tonnage. 

The goal of the new Chapter is ‘safe navigation’, see Chapter 9-1.1. Its accompanying specific functional requirements are set out in the regulations in the chapter, see Chapter 9-1.2. The fundamental aspect of safe navigation is ensure that ships shall have the ability to receive up-to-date information, including ice information for safe navigation, see Chapter 9-1.2.1.

To ensure ‘navigational equipment functionality’, Chapter 9-1.2.2 provides that:

[1] Navigational equipment and systems shall be designed, constructed and installed to retain their functionality under ‘expected environmental conditions in the area of operation’;

[2] There should be systems for providing reference headings and position fixing shall be suitable for the intended areas.

In answering the question  on what ‘additional navigational equipment’ is needed, Chapter 9-1.2.3 provides that ‘ships shall have the ability to visually detect ice when operating in darkness’.

Chapter 9-1.3 - Regulations

Ships shall have the means of receiving and displaying current information on ice conditions in the area of operation, see Chapter 9-1.3.1.  Under Chapter 9-1.3.2.1 stipulates that the following applies for ‘navigational equipment functionality’:

[1] For ships constructed on or after 1 January 2026, the following equipment are required:

[a] Either 2 independent echo-sounding devices, or one echo-sounding device with two separate independent transducers;

[b] Other devices capable of depth sounding, eg fish finders, which are acceptable to IMO, may be used as an equivalent.

[2] Have a clear view of the astern (regardless of date of construction and the size);

[3] Means to prevent the accumulation of ice on antennas if operating in areas where ice accretion is likely to occur;

[4] Specifics for ice-strengthened ships:

[a] Sensors that project below the hull (which are protected against the ice);

[b] Enclosed bridge wings, designed to protect navigational equipment and operating personnel, or equivalent level of protection.

Additional requirements for navigational equipment functionality imposed by Chapter 9-1.3.2.2 include:

[1] Two non-magnetic means to determine and display their headings (for ships of 500 gross tonnage and upwards). Both shall be independent and shall be connected to the ship’s main and emergency source power;

[2] At least one GNSS compass or equivalent or equivalent (for ships proceedings to latitudes over 80 degrees). These shall be connected to the ship’s main and emergency source of power.

For ‘additional navigational equipment’, Chapter 9-1.3.3 provides for exceptional circumstances where ships operate in areas with 24 hours daylight. There is a requirement for two means of illumination to aid visual detection of ice.

Chapter 11 - Voyage Planning

The full name of this chapter is ‘voyage planning for ships certified in accordance with Chapter 1 of SOLAS’, see Chapter 11.4 and 11.5. A new inserted Chapter 11-1 which deals with voyage planning for the following ships:

[1] Fishing vessels of 24 metres in length overall and above;

[2] Pleasure yachts of 300 gross tonnage and upwards, not engaged in trade;

[3] Cargo ships between 300-500 gross tonnage.

The goal of this new chapter is to ensure that company, master and crew are provided with sufficient information to enable operations to be conducted with due consideration to safety of the ship and persons on board and, as appropriate, environmental protection, see Chapter 11-1.1. The functional requirement for this Chapter is founded on the voyage plan takes into account the potential hazards of the intended voyage, see Chapter 11-1.2.

When navigating through Polar Waters, a master is required by Chapter 11-1.3 to consider the following:

[1] Documented safety management system for procedures for operations in Polar Waters;

[2] Limitations of hydrographic information and aids to navigation;

[3] Current information on the extent and type of ice and icebergs in the vicinity of the intended route;

[4] Statistical information on ice and temperatures from former years;

[5] Places of refuge;

[6] Current information and measure to be taken when marine mammals are encountered relating to known areas with densities of marine mammals, including seasonal migration areas;

[7] Current information on relevant ships’ ‘routeing’ systems, speed recommendations and vessel traffic services relating to known ares with densities of marine mammals (including seasonal migration areas);

[8] National and international designated protected areas along the route; AND …

[9] Operation in areas remote from search and rescue (SAR) capabilities.

ANNEX 2 - PART 1-B - ADDITIONAL GUIDANCE REGARDING THE PROVISIONS OF THE INTRODUCTION AND PART 1-A

As a result of the changes made in ANNEX 1, the following new headings have been added to ANNEX 2:

[1] Additional Guidance to Chapter 9 for Safety of Navigation;

[2] Additional Guidance to Chapters 9-1 and 11-1.

Thank you for reading IMSML Website Article 40/2024

Stay tuned for the next IMSML Website Article 41/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) 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

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday, 6 August 2024

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