IMO and its IMPACT on SEA

Structure - Processes
Outputs - Conventions

Noor Apandi Osnin

OLAP, MIMA
UM
25 Aug. 2006
 About IMO
• A specialized technical UN agency
established in 1948 to oversee (merchant)
maritime matters;
• Works through conventions, protocols,
codes and recommendations;
• Primarily on maritime safety, prevention of
pollution and lately on maritime security;
• 19/08/05: 166 member states, 36 IGO &
61 NGO – only member states have voting
rights.
 Structure of IMO
ASSEMBLY

COUNCIL

SECRETARIAT

MEPC MSC LEGAL TCC FAL

Sub Committees – BLG, DSC, FP, COMSAR, NAV, DE, SLF, STW & FSI
 Assembly
• Highest governing body;
• Consists of all member states and meets every 2
years also in extraordinary sessions;
• Responsible for work programme, voting for
budget & financial arrangements;
• Elects council members;
• Presided by Secretary General – Mr. Efthimios
Mitropoulous of Greece. 4 year term beginning 1
January 2004.
 Council
• Elected by Assembly for 2 year terms;
• Coordinate activities of IMO;
• Consider work programme and budget;
• Comments & recommend reports &
proposals of Committees;
• Appoint Secretary General;
• Manage relationship with other
organisation.
 Council members
• 10 states with largest interest in shipping
services;
• 10 states with largest interest in seaborne
trade;
• 20 states excluding the above and
representing all major geographic areas of
the world with special interest in transport
and navigation.
 Council members 2006/07
Ship-owners Traders Others

China, Greece, Italy, Argentina, Bangladesh, Algeria, Australia,

Japan, Norway, Brazil, Canada, France,
Panama, Korea, Russia, Germany, India, Bahamas,
UK, US. Netherlands, Spain, Belgium, Chile,
Sweden. Cyprus, Denmark,
Egypt, Indonesia,
Kenya, Malaysia,
Malta, Mexico,
Philippines,
Portugal, Saudi
Arabia, Singapore,
South Africa,
Thailand & Turkey.
Maritime Safety Committee (MSC)
• Highest technical body in IMO;
• Consider matters concerning navigation,
construction, equipment etc.;
• Provides recommendations and guidelines
relating to safety;
• Considers amendments to conventions i.e.
SOLAS.
 Marine Environment Protection
Committee (MEPC)

• Prevention and control of pollution from

ships;
• Adoption and amendment of conventions
i.e. MARPOL.
 Sub-Committees
• To assist MSC & MEPC;
– Bulk liquids and gases (BLG);
– Carriage of Dangerous Goods, Solid Cargoes &
Containers (DSC);
– Fire protection (FP);
– Radio communications and search and rescue
(COMSAR);
– Safety of navigation (NAV);
– Ship design and equipment (DE);
– Stability and load lines and fishing vessel safety
(SLF);
– Standards of training and watch keeping (STW);
– Flag state implementation (FSI).
 Legal Committee (LEG)
• Established in 1967 as a subsidiary body
as an aftermath of the Torrey Canyon
disaster;
• Deal with all legal matters.
 Technical Cooperation Committee
(TCC)

• Implement technical cooperation projects;

• Act as executing agencies in IMO’s
technical cooperation activities.
 Facilitation Committee (FAL)
• Established in 1972;
• To eliminate unnecessary formalities and
red tape in international shipping;
• This committee has still not been
institutionalized and therefore is not on the
same standing as other Committees.
 Secretariat
• The work of IMO is assisted by the
secretariat;
• Headed by the Secretary General and
supported by about 300 staff.
 Budget
• Contributions to IMO budget are based on
a unique formula;
• Member states pay based on the tonnage
of its merchant fleet;
• Panama is highest contributor in 2005
paying £3,923,430.
 The Process
1. Issue submitted to Secretariat;
2. Tabled at appropriate forum i.e. MSC for security
issue;
3. Agree for inclusion as agenda item – pass to sub-
committee;
4. Draft instrument produced, discussed and agreed
upon;
5. Adopted by Assembly;
6. Deposited to Sec. Gen. for acceptance, ratification
or accession;
7. Member state implement, IMO will keep up to date
and promote ratification.
 The Outputs
• More than 40 conventions, 800 codes and
recommendations have been produced;
• Covers safety, pollution, liability &
compensation and other subjects;
• SOLAS, STCW, MARPOL, COLREGS etc.
Convention
Amendments
Protocols
Codes
Recommendations
Guidelines
Resolutions
 Maritime Safety
1.International Convention for the Safety of Life at Sea (SOLAS), 1974
2.International Convention on Load Lines (LL), 1966
3.Special Trade Passenger Ships Agreement (STP), 1971
4.Protocol on Space Requirements for Special Trade Passenger Ships,
1973
5. Convention on the International Regulations for Preventing Collisions at
Sea (COLREG), 1972
6.International Convention for Safe Containers (CSC), 1972
7.Convention on the International Maritime Satellite Organization
(INMARSAT), 1976
8.The Torremolinos International Convention for the Safety of Fishing
Vessels (SFV), 1977
9.International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978
10.International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
11.International Convention on Maritime Search and Rescue (SAR), 1979
 Marine Pollution
1.International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78)
2.International Convention Relating to Intervention on the High
Seas in Cases of Oil Pollution Casualties (INTERVENTION),
1969
3.Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter (LDC), 1972
4.International Convention on Oil Pollution Preparedness,
Response and Co-operation (OPRC), 1990
5.Protocol on Preparedness, Response and Co-operation to
pollution Incidents by Hazardous and Noxious Substances,
2000 (HNS Protocol)
6.International Convention on the Control of Harmful Anti-fouling
Systems on Ships (AFS), 2001
7.International Convention for the Control and Management of
Ships' Ballast Water and Sediments, 2004
 Liability and compensation
1.International Convention on Civil Liability for Oil Pollution
Damage (CLC), 1969
2.International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage
(FUND), 1971
3.Convention relating to Civil Liability in the Field of Maritime
Carriage of Nuclear Material (NUCLEAR), 1971
4.Athens Convention relating to the Carriage of Passengers and
their Luggage by Sea (PAL), 1974
5.Convention on Limitation of Liability for Maritime Claims (LLMC),
1976
6.International Convention on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea (HNS), 1996
7.International Convention on Civil Liability for Bunker Oil Pollution
Damage, 2001
 Other subjects
1.Convention on Facilitation of International
Maritime Traffic (FAL), 1965
2.International Convention on Tonnage
Measurement of Ships (TONNAGE), 1969
3.Convention for the Suppression of Unlawful
Acts Against the Safety of Maritime
Navigation (SUA), 1988
4.International Convention on Salvage
(SALVAGE), 1989
5.Under development – Wreck Removal (WRC)
Convention.
 Malaysia & IMO
• Member since 17 June 1971;
• Annual contributions based on UN formula,
in 2005 £189,720.00 (RM1.2m);
• Secretary General, MOT = Focal Point;
• MARDEP = Implementing Agency;
• MIMA, MISC, PETRONAS etc. etc. play
supporting role.
 Malaysia is party to…
• IMO 48 -The Convention that establishes the Inter-
Governmental Maritime Consultative Organization
(IMCO);
• SOLAS 74 & Protocol 78 - The most important of all
international treaties concerning the safety of merchant
ships;
• MARPOL 73/78, Annexes I, II & V - The main
international convention covering prevention of pollution
of the marine environment by ships from operational or
accidental causes;
• Load Line 66 - Limitations on the draught to which a
ship may be loaded safely;
• CLC & FUND 92 - Liability of tankers for pollution
damages caused by oil. It also establishes a Fund for
providing compensation for oil pollution incidents beyond
that provided for by the CLC Convention;
 Malaysia is party to…
• Tonnage 69 - Introduces a universal tonnage
measurement system;
• COLREG 72 - Collision Regulations – traffic laws for
ships;
• STCW 78 – This Convention was the first to establish
basic standards, procedures & requirements on training,
certification and watch keeping for seafarers;
• INMARSAT 76 - Satellite communications to assist in
distress situations at sea;
• OPRC 90 - Provides a global framework for international
co-operation in combating major incidents or threats of
marine pollution.
 Under consideration
• Convention for the Suppression of Unlawful
Acts Against the Safety of Maritime
Navigation, 1988
– Adoption: 10 March 1988
Entry into force: 1 March 1992

• International Convention on Liability and

Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious
Substances by Sea (HNS), 1996
– Adoption: 3 May 1996
 What is the impact on SEA ?
• 90% of worlds cargo is carried by ships;
• Increase in transport cost will affect
consumers;
• Legal tool may be used as control
mechanism i.e. to level playing field in
term of cost;
• IMO currently dominated by industrialized
nations – SEA tend to be followers.
 How does this affect you ?
• Presumably; one day you will be making
some business decisions;
• It will be prudent to be aware that
international legal instruments will have an
impact on your business;
• Malaysia needs dynamic smart people to
further its interest – you may be the one.
 Terima Kasih

apandi@mima.gov.my
03-21612960