Voluntary audit scheme adopted at IMO’s 24th Assembly
Assembly -
24th session: 21 November - 2 December 2005
IMO
Member State Audit Scheme
Piracy
off the coast of Somalia
Support
for the United Nations Millennium Declaration
Fair
treatment of seafarers
Ship
recycling
Particularly
Sensitive Sea Areas
Wreck
Removal Convention - Conference to be held
Attendance
Resolutions
adopted
Election
of IMO Council
Council
95th session - new chairman elected
The auditing of
IMO Member States to enhance the implementation and enforcement of international
maritime standards has been set in motion, following the adoption of the Framework
and Procedures for the voluntary scheme by the International Maritime Organization
(IMO), at its 24th Assembly, which met at the Organization's London Headquarters
from 21 November to 2 December 2005.
IMO
Member State Audit Scheme
The adoption of
the framework and procedures for the scheme heralds a new era for IMO, in which
the Organization has at its disposal a tool to achieve harmonized and consistent
global implementation of IMO standards, which is key to realizing the IMO objectives
of safe, secure and efficient shipping on clean oceans.
The scheme
addresses issues such as conformance in enacting appropriate legislation for
the IMO instruments to which it is a Party; the administration and enforcement
of the applicable laws and regulations of the Member State; the delegation of
authority in terms of the implementation of convention requirements; and the
control and monitoring mechanism of the Member State's survey and certification
processes and of its recognized organizations.
It will help
to identify where capacity-building activities would have the greatest effect
and it will also enable appropriate action to be much more precisely focused.
Individual Member States which volunteer to be audited will receive valuable
feedback and, on a wider scale, generic lessons learnt from audits could be
provided to all Member States so that the benefits may be shared. The regulatory
process at IMO may also benefit from the results of this learning experience.
Alongside
the audit scheme framework and procedures, the Assembly adopted a Code for the
Implementation of Mandatory IMO Instruments, which will provide the audit standard.
A further resolution,
on Future development of the Voluntary IMO Member State Audit Scheme, requests
the Maritime Safety Committee (MSC) and the Marine Environment Protection Committee
(MEPC) to review the future feasibility of including, within the scope of the
audit scheme, maritime security-related matters and other functions not presently
covered and also to identify any implications of broadening the scope of the
audit scheme. The IMO Council is requested to develop suitable provisions for
the possible future inclusion of other issues (relating to safety, environmental
protection and security) in the audit scheme, taking into account the experience
gained from the implementation of the scheme.
To ensure that Member
States' audit can commence in 2006, an adequate pool of trained auditors is
to be established by mid 2006, based on nominations by Member States of qualified
auditors for training under the provisions of the scheme. It is expected that
between 20 to 30 audits will be conducted during the 2006-2007 biennium. The
technical co-operation global programme for the scheme will have a key role
to play in supporting the training programme.
Upon receiving a
request for audit from a Member State, the IMO Secretary-General will appoint
an audit team leader who will discuss and agree the scope of the audit with
the Member State. The audit will commence after the signing of a Memorandum
of Co-operation by the Secretary General and by the Member State. The Memorandum
will set out the scope of the audit to be carried out and time frame.
Piracy
off the coast of Somalia
The
Assembly adopted a resolution on Piracy and armed robbery against ships in waters
off the coast of Somalia, calling for the issue to be brought to the attention
of the United Nations Security Council. The resolution was submitted to the
Assembly at the recommendation of IMO Secretary-General Efthimios E. Mitropoulos
following its approval, in principle, at the meeting of the IMO Council which
preceded the Assembly.
The resolution
condemns and deplores all acts of piracy and armed robbery against ships and
appeals to all parties which may be able to assist to take action, within the
provisions of international law, to ensure that all acts or attempted acts of
piracy and armed robbery against ships are terminated forthwith; that any plans
for committing such acts are abandoned; that any hijacked ships are immediately
and unconditionally released; and that no harm is caused to seafarers serving
in them.
The resolution
authorizes the IMO Secretary-General to submit the resolution to the Secretary-General
of the United Nations for consideration and any further action he may deem appropriate,
including bringing the matter to the attention of the Security Council, taking
into account regional co-ordination efforts. (For
further details see Briefing 48/2005)
Support
for the United Nations Millennium Declaration
The Assembly
adopted a resolution on technical co operation as a means to support the United
Nations Millennium Declaration and Development Goals. The emphasis for the technical
co-operation activities is placed on meeting the special assistance needs of
Africa.
The resolution
notes that one of the effects of the Voluntary IMO Member State Audit Scheme
will be an increase in demand for technical co operation, resulting from the
specific needs of Member States that, either before or after a voluntary audit,
may wish to apply for technical co-operation from IMO to improve their own performance.
The resolution
sets out funding arrangements for the Technical Co-operation Fund and reaffirms
that technical co-operation is an essential part of the Organization's work
to achieve the global ratification and implementation of IMO's instruments and
to implement successfully the Voluntary Audit Scheme.
The Assembly
also approved the establishment of a correspondence group to identify the linkage
between the Millennium Development Goals and the IMO's Integrated Technical
Co-operation Programme, which will report to the Technical Co-operation Committee
at its 56th session in June 2006.
The IMO Council
has agreed that the World Maritime
Day theme for 2006 should be Technical Co-operation: IMO's response to
the 2005 World Summit.
Fair
treatment of seafarers
The Assembly
adopted a resolution requesting the Joint IMO/ILO Ad Hoc Expert Working Group
on Fair Treatment of Seafarers to finalize guidelines on fair treatment of seafarers
in the event of a maritime accident as a matter of priority. The resolution
echoes the serious concern about the need to ensure the protection of the rights
of seafarers in view of the growing use of criminal proceedings against them,
in particular their prolonged detention, as a result of a maritime accident.
The resolution urges
all States to respect the basic human rights of seafarers involved in maritime
accidents; to investigate maritime accidents expeditiously to avoid any unfair
treatment of seafarers; and to adopt procedures to allow the prompt repatriation
or re embarkation of seafarers following maritime accidents. It also invites
Governments and non-governmental organizations to record instances of unfair
treatment of seafarers in the event of maritime accidents and to provide data
to IMO or ILO whenever requested.
Ship recycling
The Assembly
agreed that IMO should develop a new legally-binding instrument on ship recycling.
The relevant resolution requests the Marine Environment Protection Committee
to develop a new instrument that would provide regulations for:
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the design, construction, operation and preparation of ships so as to facilitate
safe and environmentally sound recycling, without compromising the safety
and operational efficiency of ships; |
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the operation of ship recycling facilities in a safe and environmentally
sound manner; and |
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the
establishment of an appropriate enforcement mechanism for ship recycling,
incorporating certification and reporting requirements. |
The aim is to complete
the instrument in time for its consideration and adoption in the 2008-2009 biennium.
The resolution refers to the urgent need for IMO to contribute to the development
of an effective solution to the issue of ship recycling, which will minimize,
in the most effective, efficient and sustainable way, the environmental, occupational
health and safety risks related to ship recycling, taking into account the particular
characteristics of world maritime transport and the need for securing the smooth
withdrawal of ships that have reached the end of their operating lives.
The Assembly also
adopted amendments to the existing Guidelines on Ship Recycling, relating to
the inventory of potentially hazardous materials present in a ship's structure
and equipment and the Green Passport for ships.
Particularly
Sensitive Sea Areas
The Assembly adopted revised Guidelines for the Identification and Designation
of Particularly Sensitive Sea Areas (PSSAs). A PSSA is an area that needs special
protection through action by IMO because of its significance for recognized
ecological, socio-economic, or scientific attributes where such attributes may
be vulnerable to damage by international shipping activities. An application
for PSSA designation should contain a proposal for an associated protective
measure or measures aimed at preventing, reducing or eliminating the threat
or identified vulnerability. Associated protective measures for PSSAs are limited
to actions that are to be, or have been, approved and adopted by IMO, for example,
a routeing system such as an area to be avoided.
The guidelines
provide advice to IMO Member Governments in the formulation and submission of
applications for the designation of PSSAs to ensure that in the process, all
interests - those of the coastal State, flag State, and the environmental and
shipping communities - are thoroughly considered on the basis of relevant scientific,
technical, economic, and environmental information regarding the area at risk
of damage from international shipping activities.
Wreck
Removal Convention - Conference to be held
The Assembly approved, subject to progress made by the Legal Committee, the
holding of a Conference during 2007 in Nairobi, Kenya, to adopt a new Wreck
Removal Convention. The proposed new convention is intended to provide international
rules on the rights and obligations of States and shipowners in dealing with
wrecks and drifting or sunken cargo which may pose a hazard to navigation or
pose a threat to the marine environment of coastal states. The draft Convention
currently being considered by the Legal Committee is intended to clarify rights
and obligations regarding the identification, reporting, locating and removal
of hazardous wrecks, in particular those located in the exclusive economic zone.
Attendance
The Assembly was attended by 817 delegates representing 153 Member States and
three Associate Members; the United Nations and specialized agencies, one Non-Member
State, five intergovernmental organizations and 27 non-governmental organizations.
The Assembly normally
meets once every two years. All 166 Member States and three Associate Members
are entitled to attend as are the intergovernmental organizations with which
agreements of co-operation have been concluded and non-governmental organizations
which have consultative status with IMO.
Resolutions
adopted
The Assembly adopted 23 resolutions:
| A.966(24) |
Relations
with non-governmental organizations |
| A.967(24)
|
Arrears
of contributions |
| A.968(24) |
Presentation
of accounts and audit reports |
| A.969(24)
|
Work
programme and budget for the twenty-fourth financial period 2006-2007 |
| A.970(24) |
Strategic
plan for the Organization (for the six-year period 2006 to 2011) |
| A.971(24)
|
High-level
action plan of the Organization and priorities for the 2006-2007 biennium |
| A.972(24) |
Adoption
of amendments to the International Convention on Load Lines, 1966 |
| A.973(24)
|
Code
for the implementation of mandatory IMO instruments |
| A.974(24) |
Framework
and Procedures for the Voluntary IMO Member State Audit Scheme |
| A.975(24) |
Future
development of the Voluntary IMO Member State Audit Scheme |
| A.976(24) |
Ships'
routeing - establishment of an Area to be Avoided in the Galapagos Archipelago |
| A.977(24) |
Ships'
routeing |
| A.978(24)
|
Amendments
to the existing mandatory ship reporting system "In the Great Belt
Traffic area" |
| A.979(24)
|
Piracy
and armed robbery against ships in waters off the coast of Somalia |
| A.980(24) |
Amendments
to the IMO Guidelines on Ship Recycling (Resolution A.962(23)) |
| A.981(24) |
New
legally-binding instrument on Ship Recycling |
| A.982(24) |
Revised
guidelines for the identification and designation of Particularly Sensitive
Sea Areas (PSSAs) |
| A.983(24)
|
Guidelines
for facilitation of response to a pollution incident |
| A.984(24) |
Facilitation
of the carriage of the IMDG Code Class 7 radioactive materials including
those in packaged form used in medical or public health applications |
| A.985(24) |
Revision
of the Guidelines for the prevention and suppression of smuggling of drugs,
psychotropic substances and precursor chemicals on ships engaged in international
maritime traffic |
| A.986(24) |
The
importance and funding of Technical Co operation as a means to support the
Millennium Declaration and Development Goals |
| A.987(24) |
Guidelines
on fair treatment of seafarers in the event of a maritime accident |
| A.988(24)
|
Protocol
of 2002 to the Athens Convention: reservation concerning the issue and
acceptance of insurance certificates with special exceptions and limitations
|
Election
of IMO Council
The Assembly
elected the new 40-Member IMO Council for 2006-2007. (See Press Briefing
49/2005).
Council
95th session - new chairman elected
The new Council met on Thursday 1 December and elected Mr. Johan Franson (Sweden)
as Chairman and Mr. Dumisani Ntuli (South Africa) as Vice Chairman.
Briefing
51/2005 7 December 2005
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or
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)
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