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Global Marine Trends

Statutory
Regulations

Siti Fariya, ST

CONTENTS
Class Rules vs. Statutory Regulations

Statutory Regulations
Conventions
Codes
Certificates

Classification Rules
The interest of Classification Rules is the safety of ship (hull construction
& machinery) and its cargo.

established in 1968 at a conference held in Oslo


provides information on unified interpretations of Rules

COMMON STRUCTURAL RULES (CSR)


IACS product of new standards
intended to make new ships stronger and safer
entry into force: 1 April 2006
applied to:
1. All double hull oil tankers L 150 m; and
2. All bulk carriers, single or double hull, L 90 m.

IACS Members
1. Lloyds Register of Shipping
2. Bureau Veritas
3. Registro Italiano Navale
4. American Bureau of Shipping
5. Nippon Kaiji Kyokai
6. Russian Maritime Register of Shipping
7. Polski Rejestr Statkw
8. Croatian Register of Shipping
9. China Classification Society
10. Korean Register of Shipping
11. Indian Register of Shipping
12. Det Norske Veritas - Germanischer Lloyd

(LR)
(BV)
(RINA)
(ABS)
(ClassNK)
(RS)
(PRS)
(CRS)
(CCS)
(KR)
(IRS)
(DNV GL)

Other Class Societies


1.
2.
3.
4.
5.

Biro Klasifikasi Indonesia


Ships Classification Malaysia
Hellenic Register of Shipping
Trk Loydu
etc.

(BKI)
(SCM)
(HRS)
(TL)

Statutory Regulations
Purpose:

to care for the interest of society and general public with


regard to safety and security of people (passengers and
crew) and environment protection.

The main objectives of statutory regulations deal with the followings:


1. Safety;
2. Security; and
3. Environment protection.
The international statutory regulations take forms of:
1. Conventions (contain basic requirements);
2. Codes (contain detail explanations);
3. Resolutions, Circulars, Guidelines, etc.

Shipping is by nature a genuinely international activity, which is subject


to stringent international laws and regulations. In this respect statutory
regulations provide guidance so that ships can sail safely and securely
for the crew (and passengers) and the environment.

Example of international trading of M/T PRESTIGE

ISO
ILO

IMO

Flag
Flag State
State

Port
Port State
State

ISO has drawn up:


ISO 9000 : quality management
ISO 14000 : environment
ISO 18000 : labour circumstances
ISO 30000 : ship recycling management systems
ISO 9000 standard is a general standard aligned to International
Management Code for the Safe Operation of Ships and for
Pollution Prevention (ISM Code).
TC 8 : Ships and marine technology

International Labour Organization

ILO is responsible for drawing up and overseeing international labour


standards and ensures that labour standards are respected in practice
as well as principle.
ILOLEX is a database of ILO standards, containing
Conventions, Recommendations, and numerous
related documents.

International Maritime Organization

IMO is the UN specialised agency dealing with shipbuilding and


shipping, and responsible for improving maritime safety and security,
and preventing marine pollution from ships.
Through years, IMO has developed conventions, codes, resolutions,
circulars, etc.
Because IMO is an international forum and not an executive body, it
has no powers of enforcement for the instruments it establishes.
Enforcement is carried out through two separate entities: the Flag
State and the Port State.

Flag
Flag State
State
Flag State is a country in which a ship is registered, or a ships
registration country.
Each country is responsible for the law and rules applicable to all
ships sailing under its flag.
The controls of the rules are often delegated to a Recognised
Organisation (RO), usually Class or other private body, of the
relevant ship.
Recognised Organisation (RO):
carrying out surveys
issuing Statutory Certificates
endorsing Statutory Certificates

of ships on behalf of
a Flag State

Port
Port State
State
Port State means a state/country in which a port visited by a foreignflagged ship is located.

Port State Control (PSC)

is the inspection procedures of foreign


ships entering or leaving national ports to verify that the condition of the
ship and its equipment comply with the requirements of international
regulations on safety, security, pollution prevention, and seafarers living
and working conditions, and that the ship is manned and operated in
compliance with these rules.
These inspections were originally intended to be a back up to Flag State
implementation, but, unfortunately certain Flag States, for various
reasons, fail to fulfil their commitments.

The International Transport Workers Federation (ITF), an international


trade union federation of transport workers unions, runs a campaign
against FOCs by maintaining a list of FOC registries. As per September
2015, there are 32 countries and registries declared as FOCs by ITF.
Faroe Islands
Moldova

FOC registries are often criticised as the system allows shipowners to be


legally anonymous and difficult to prosecute in civil and criminal actions.
Ships of FOCs are often targeted by PSC for special enforcement by
countries of the Paris MOU, Tokyo MOU, and USCG, which generate the
so-called Black-Grey-White Lists of Flag States and Target List for underperforming Flag States.
No.

Paris MoU
Blacklist

Flag State

Antigua & Barbuda

Bahamas

Belize

Bolivia

Cambodia

Cayman Islands

North Korea

Georgia

Honduras

10

Lebanon

11

Malta

12

Mongolia

13

Panama

14

St.
Vincent
Grenadines

Tokyo MoU
Blacklist

USCG
Target List

&

the

Conventions
Examples of IMO Conventions on maritime safety:
1. SOLAS 1974
2. STCW 1995
3. COLREGS 1972
Example of IMO Conventions on maritime security:
1. FAL Convention 1965
Examples of IMO Conventions on marine environment protection:
1. MARPOL 73/78
2. BWM Convention 2004
Example of ILO Conventions on maritime sector:
1. MLC 2006

Cont.
Four Pillars of Maritime Legislation
The so-called four pillars of international maritime legislation are:

MLC 2006

STCW

MARPOL

SOLAS 1974
MARPOL 73/78 IMO
STCW 1995
MLC 2006 -----> ILO

SOLAS

1.
2.
3.
4.

Codes
Examples of IMO Codes:
1.
2.
3.
4.

ISM Code
ISPS Code
LSA Code
BLU Code

Certificates
The international Conventions and Codes result in worldwide
recognised certificates which ships have to carry.
Before a certificate can be issued, a ship has to be registered in a
certain country, i.e. Flag State.
After being surveyed to ensure that the ships meet the
requirements, the certificates will then be issued by an RO on
behalf of a Flag State.

Examples of Certificates
Compulsory certificates
Convention or
Code

SOLAS

MARPOL

BWM
Convention

Certificate(s)
For cargo ships:
1. Cargo Ship Safety Construction (SAFCON)
Certificate (CCC)
2. Cargo Ship Safety Equipment Certificate (CEC)
3. Cargo Ship Safety Radio Certificate (CRC)
For passenger ships:
Passenger Ship Safety Certificate (PSSC)
1. International Oil Pollution Prevention (IOPP)
Certificate
2. International Sewage Pollution Prevention (ISPP)
Certificate
3. International Air Pollution Prevention (IAPP)
Certificate
International Ballast Water Management (IBWM)
Certificate

Examples of Certificates
Certificates in connection with ships designation

Convention
or Code
MARPOL

Certificate
International Pollution Prevention Certificate for the
Carriage of Noxious Liquid Substances in Bulk (NLS
Certificate)

IBC Code

International Certificate of Fitness for the


Carriage of Dangerous Chemicals in Bulk

IMSBC Code

1. Certificate of Compliance for the Carriage of Solid


Bulk Cargoes of Group A and C; or
2. Certificate of Compliance for the Carriage of
Dangerous Solid Bulk Cargoes of Group B

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