Outline 1) Key players 2) International instruments Jurisdiction: - PDF document

Scandinavian I nstitute of Maritime Law Ship control and classification October 2014 Henrik Ringbom Professor II Outline  1) Key players  2) International instruments – Jurisdiction: UNCLOS 2 – Technical: SOLAS, MARPOL, STCW  3) Norwegian maritime safety and security act  4) Port state control  5) Classification societies

Scandinavian I nstitute of Maritime Law IMO FINANCIERS EU FLAG MOU SHIPYARDS STATES PSC CLASSIFICATION SOCIETIES PORTS P&I CLUBS TERMINAL OPERATORS HULL UNDERWRITERS SHIP OWNER AGENTS OPERATOR BROKERS CREW CHARTERERS SHIPPERS UNIONS CARGO INSURERS Scandinavian I nstitute of Maritime Law UNCLOS  ‘Constitution for the Oceans’ – ‘Package deal’ (all uses of the oceans) – Framework convention  166 Contracting Parties, indicative of customary international law  Rights and duties depend on maritime zone and activity  Delimitation, prescriptive end enforcement jurisdiction  Establishes institutions: e.g. CDCS, ITLOS

Scandinavian I nstitute of Maritime Law Scandinavian I nstitute of Maritime Law Prescriptive jurisdiction in the law of the sea Flag State Coastal- / port State High seas No, but limited environmental Minimum: enforcement ‘Generally jurisdiction accepted EEZ Max: international GAIRAS rules and standards’ Terr. sea Internal rules, + (GAIRAS) Max: GAIRAS CDEM (i.e. SOLAS, I nternal Internal rules Marpol, STCW waters, (implicitly) etc.) ports Max: ?

Scandinavian I nstitute of Maritime Law Flag States  Only one flag per ship – registration  Right to flag – freedom of navigation  Apply anywhere  Whole range of obligations: – Register – Surveys – Comply with GAIRS – Accident investigations  Main targets of IMO Conventions Scandinavian I nstitute of Maritime Law Flag State duties Article 94 Duties of the flag State 1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. 2. In particular every State shall: (a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and (b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship. 3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to: (a) the construction, equipment and seaworthiness of ships; (b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments; (c) the use of signals, the maintenance of communications and the prevention of collisions. 4. Such measures shall include those necessary to ensure: (a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship (b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;

Scandinavian I nstitute of Maritime Law Flag State duties (c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio. 5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance. 6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. 7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation. Scandinavian I nstitute of Maritime Law Flag States  Very few enforcement obligations  State responsibility  Softer means: – FSI Sub-committee (monitoring, identification of issues, self-assessment) – Voluntary IMO Member State Audit Scheme (VIMSAS) – mandatory? – PSC targeting, black-listing etc.

The Shipping Industry Guidelines on Flag State Performance Key conventions  SOLAS  LL  MARPOL  STCW 1 2  Others (SAR, Salvage, Tonnage, COLREGs, AFS, BWM, SR, etc.)  Codes, recommendations  Common features: tacit acceptance, grandfather clause, NMFT clause

SOLAS  1914 - Titanic  Annex consists of 12 chapters – I: General provisions (survey, documents, 1 3 PSC, note HSSC) – II:1 Structure (stability, machinery electrical installations, GBS) – II:2 Fire protection, detection and extinction – III: Life-saving appliances SOLAS cont’d – IV: Radio communications (carriage GMDSS) – V: Safety of navigation (equipment, assistance, routeing systems, safe manning) 1 4 – VI: Carriage of cargoes (stowage securing, containers, grain) – VII: Carriage of dangerous goods Parts A-D (construction, carriage in liquid, packaged, gases, nuclear + IMDG Code)

SOLAS cont’d – VIII: Nuclear-powered ships – IX: Safe management (ISM Code) – X: High-speed craft – XI-1: Special measuresto enhance safety 1 5 (classification societies, enhanced surveys, IMO numbering, PSC on operational matters etc.) – XI-2: Special measures to enhance security (ISPS + Code) – XII: Additional safety for bulk carriers (structure, strength, alarms etc.) Principal mandatory codes  International safety management (ISM)  International ship and port facility security code (ISPS) 1 6  IMDG  IBC  IGC  HSC, LSA, AI, Nox Technical code

Scandinavian I nstitute of Maritime Law Loadlines MARPOL  Background (73/78)  Main body: Certification, surveys, controls 1 8  Annexes – I: Oil –accidental and deliberate (construction standards, DH, discharge rules, special areas, PRF etc.) – II: Noxious liquid substances in bulk (250 substances,three categories, discharge rules)

MARPOL cont’d – III: Harmful substances in packaged form (packing, labeling, stowage etc.) – IV: Sewage (discharge standards, in force 2003) 1 9 – V: Garbage (revised in 2011) – VI: Air emissions (SOx, NOx, Ozone-depleting substances) CO2-EEDI Seafarers  STCW – 1978, 1995 2 0 – Manila amendments 2010  MLC 2006 – ILO – Brings a series of older conventions in force – Control provisions

Other conventions  COLREGs  SAR 2 1  Salvage  Anti-fouling systems  Ballast water management  Ship recycling  Future: greenhouse gases? Scandinavian I nstitute of Maritime Law Norwegian ship safety and security act, 2007, No 9 Replaces the 1903 seaworthiness act • Broader scope (environment, security) • Shipowner (reder) primary responsible • New approach • • Eliminates the seaworthiness concept • Introduces safety management principle • Based on ISM Code Specific rules come in addition ( 118 • regulations linked to the act: construction, equipment, manning, loading, navigation, environment etc. )

Scandinavian I nstitute of Maritime Law Norwegian ship safety and security act, 2007, No 9 1: General provisions: Scope of application (NOR ships (NOR, NIS), 24m, Foreign ships, as permitted by international law) 2: The duties of the shipowner (safety management) (overarching responsibility (to see to/to ensure), establishment of SMS, information) 3: Technical safety/security (measurement, stability, strength, cargo, certificates, navigation etc.) 4: Personal safety/security (working environment, hours, living conditions) 5: Environmental safety/security (general prohibition to pollute, PRF) 6: Security (prevention, enforcement) 7: Supervision (verification of SMS, reporting obligations etc.) 8: Enforcement measures (fees, detention, withdrawal of certificates, enforcement at sea) 9: Administrative sanctions (persons, owner) 10:Penal sanctions (incl company penalty) 11: Other provisions Example: Section 9 Technical safety “A ship shall be so designed, constructed and equipped that it according to its purpose and trade area provides for the satisfactory protection of life, health, property and the environment. The Ministry may issue regulations on how a ship shall be designed, constructed and equipped in order to fulfill the requirements of the first paragraph”