2ND Lecture Marine Safety

International Maritime
Regulation
Dr.Eng. Trika Pitana
Dept. of Marine Engineering
Institut Teknologi Sepuluh Nopember (ITS),
Surabaya
2010

Outline
• Introduction
• Overview of UNCLOS (Related to
Environmental Aspect)
• IMO Convention
– SOLAS
– MARPOL 73/78
– Load Line
– etc
• Flag State and Port State Control
• Classification and Construction rules

1
 Introduction
• Safety related to
– Safety and health of person
– Safety of vessel
– Environmental Aspect

Overview of UNCLOS
(Related to Environmental
Aspect)

2
 Liability Basis
• Strict liability
– Oil pollution
– Meaning : defend is only caused by force
majeour
– Without considering the fault of defendant
• Absolute Liability
– Usually pollution caused by nucleaｒ activity
– Meaning : no defend at all

Liability basis
• Fault Liability
– It shall be prove that there is evidence: the
defendant is fault

3
UNCLOS (United Nation Convention on
the law of the sea) 1982 Art. 194
194.2. …….. Activities under their (state)
jurisdiction or control are so conducted as
not to cause damage by pollution to other
state and their environment, and that
pollution arising from incident or activities
under their jurisdiction …….

UNCLOS 1982 Art. 195

(Duty not to transfer damage or hazard or
transform one type of pollution into another)
…. States shall act so as not to transfer,
directly or indirectly, damage or hazard
from one area to another or transform one
type of pollution into another.

4
 UNCLOS 1982 Art. 195
(Use of technologies or introduction of alien or new
species)
… state shall take all measures necessary
to prevent, reduce and control pollution of
the marine pollution of the marine
environent resulting from use of
technologies under their jurisdiction or
control, or the intentional or accidental
introduction of species, alien or new, to a
particular part of the marine environment,
which may cause significant and harmful
changer thereto. ( legal basis of Ballast
water convention…..)

UNCLOS 1982 Art. 210

(Pollution by dumping)
5. Dumping within the teritorrial sea and
exclusive economic sone or onto the
continental shelf shall not be carried out
without the express prior approval of the
coastal state, which has the right to permit
………….

5
 UNCLOS 1982 Art. 211
(Pollution from vessel)
1. State acting trought the competent
international organization or general diplomatic
conference, shall establish international rules
and standart to prevent, reduce and control
pollution of the marine environment ……
2. State shall adopt laws and regulation for the
prevention, reduction and control of pollution of
the marine environment from vessels flying
their flag or of their registry

UNCLOS 1982 Art. 212

(Pollution from or through the atmosphere)
1. State shall adopt laws and regulation to
prevent, reduceand control pollution of the
marine environment from or throught the
atmosphere, applicable to the air space
under their sovereighnty and to vessel
flying their flag or vessel or aircraft of their
registry, taking into account internationally
agreed rules, standart and recommended
practices and procedures and the safety of
air navigation

6
 UNCLOS 1982 Art. 216
(Enforcement with respect to pollution by dumping)
1. Law and regulation adopted in accordance
with this convention and applicaple
international rule and standart established
through competent international organization
or diplomatic conference for the prevention,
redution and control of pollution of the marine
environment vy dumping shall be enforce by:
1. Coastal state … within its teriorial sea or its EEZ …
2. Flag state ….
3. By any state with regart to acts of loading of waste
or other mater occuring within its territory or at its
offshore terminal

IMO Convention

7
 SOLAS
• Main objective:
– To specify minimum standard for construction,
equipment and operation of ship
• has 12 articles and 12 chapters

SOLAS
Chapter I General provisions
Chapter II-1 Construction – Structure, subdivision and
stability, machinery and electrical installations
Chapter II-2 Construction – Fire protection, fire detection
and fire extinction
Chapter III Life-saving appliances and arrangements
Chapter IV Radiocommunications
ChapterV Safety of navigation
Chapter VI Carriage of cargoes
Chapter VII Carriage of dangerous goods
Chapter VIII Nuclear ships
Chapter IX Management for the safe operation of ships
ChapterX Safety measures for high-speed craft
Chapter XI-1 Special measures to enhance maritime safety
Chapter XI-2 Special measures to enhance maritime security
Chapter XII Additional safety measures for bulk carriers

8
 Load Lines 1966
• Consist of Annex 1 and 4 chapters
I. General
II. Condition of Assignment of Freeboard
III. Freeboard
IV. Special Requirement for ship assigned
timer freeboard

STCW
(Standard of Training, Certification and Watckeeping for
Sea Fares
• Basic requirement for training, certification
and Watchkeeping for Sea Fares
• Consist of 6 chapters
– General Provision
– Master Deck Department
– Engine Department
– Radio Department
– Special requirement for tankers
– Proficiency in survival craft

9
 MARPOL
• Annex I Marpol, Prevention of Pollution by Oil
• Annex II Marpol, Regulation for the control of Pollution
by Noxious Liquid Substance
• Annex III Marpol, Regulation for the Prevention of
Pollution by Harmfull Substance Carried by Sea in
Package Form
• Annex IV Marpol, Regulation for the Prevention of
Pollution by Sewage from Ship
• Annex V Marpol, Regulation for the Prevention of
Pollution by Garbage from Ship
• Annex VI Marpol, Regulation for the Prevention of Air
Pollution from Ship

ISM Code
• To stimulate safety consciousness and a
systematic approach in every part of the
organization
• The code does not describe in detail how
the company should undertake safety
management system
• Consist of 13 chapters

10
 ISM Code
Objective and Policy
Chaper 1
• Provide safe practice, establish safe guard and continuously improved skill
– Requirements
• Compliance with rules and regulations
Control
• Chapter 3 – Company resposibility and Authority
• Chapter 4 – Designated Person
• Chapter 6 – Resources and Personel
• Chapter 7 – Development of Plans for shipboard operation
• Chapter 8 – Emergency Preparedness
• Chapter 10 – Maintenance of the ships and equipments

ISM Code
Safety Management System
• Chapter 11 – Documentation - Safety Management
System
Implementation of control
• Chapter 5 – Master responsibility and authority
Monitoring of the system
• Chapter 9 – Report and Analysis of non – confirmation
• Chapter 12 – Company Verification, revie and evaluation
The Periodic System Review
• Chapter 13 – Certification, Verification and Control

11
 Flag State Control
• Task of FSC
• Effectiveness of FSC

Article 217 (Enforcement by Flag

State)
1. State shall ensure by vessel flying ther flag or of their
registry with appicable international rules and
standarts, established throught the competent
international organization ……….
2. State shall, in particular, take appropriate measures in
order to ensure that vessel flying their flag or of their
registry are prohibitted from sailing, until the can
proceed to sea in compliance with the requirement of
the international rules and standart ……..
3. State shall ensure that vessel flying their flag or of their
registry carry on board certificate required by and
issued pursuant to international rules and standart
vessel.State ………a vessle shall be periodically
inspected …….. verify .. in conformity with actual
condition

12
 Article 218 (Enforcement by Port
State)
1. When a vessel is voluntarily within a port or at
an off shore terminal of a state, that state may
undertake investigation and, where the evidence
so warrants, institute proceeding in respect of
any discharge from that vessel ……..
3. When a vessel is voluntarily ………… a port or
offshore terminal of a state, that state shall,
…..comply with request from any state for
investigation of a discharge violation…, believed
to have occured in caused, or threatened
damage to the internal waters, teritorial sea or
ezz of the requesting state.

Article 220 (Enforcement by

Coastal State)
2. Where there are clear ground for
believing that a vessel navigating in the
territorial sea of a state has, during its
passage there in, violated laws and
regulations of that state adopted in
accordance with this convention or
applicable international rules and standart
for the prevention, reduction and control oil
pollution from vessel ………..that state
may undertake phisical inspection ………..

13
 Classification Society
• Independent bodies which set standard for
design, maintenances and repair of ships.
• Classification rules cover:
– Hull strength and design
– Materials
– Main and auxiliary machinery
– Electrical instalation
– Control systems
– Safety Equipments

Conclusions
• You have known
– overview of IMO Convention
– Task of Flag State
– Task of Port State Control
– Classification Society Rules

14
 References:
• United Nation Convention on the Law of
the Sea (UNCLOS)
• MARPOL 73/78
• SOLAS Consolidated Edition 2004
• International Load Line Connvention
• Kristiansen,S, (2005). Maritime
Transportation Safety Management and
Risk Analysis.

15