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THE INTERNATIONAL

MARITIME ORGANIZATION
(IMO)
SAFE, SECURE AND EFFICIENT SHIPPING ON CLEAN OCEANS

The purpose of the IMO


The International Maritime Organization (IMO) is a fomal
intergovernmental organization (IGO) that is a subsidiary
body of the United Nations (UN)
The purposes of the IMO are summarized well by Article
1(a) of the IMO Convention:
To provide machinery for cooperation among
Governments in the field of governmental regulation and
practices relating to technical matters of all kinds affecting
shipping engaged in international trade; to encourage and
facilitate the general adoption of the highest practicable
standards in matters concerning maritime safety, efficiency
of navigation and prevention and control of marine
pollution from ships.

Brief history
Pre-IMO international maritime conventions

IMO entered into force: 1958


Existing conventions:
International Convention for Safety of Life at Sea (SOLAS 1948)
International Convention for the Prevention of Pollution of the Sea by
Oil (1954)
Other areas: Load lines, collision prevention

IMO responsibilities:

Ensure existing conventions maintained and updated


Development of new conventions

Current conventions:

29 entered into force


Roughly 50 total conventions, agreements, protocols

IMO Structure
IMO ASSEMBLY
Highest Governing Body of the Organization
Consists of all Member States (170 full members)
Meets once every two years in regular sessions

IMO COUNCIL
Executive body of IMO (elected by Assembly every 2 years)
3 category/level council
Category (A): 10 States with the largest interest in providing international
shipping services
Category (B): 10 other States with the largest interest in international seaborne
trade
Category (C): 20 States not elected under (a) or (b) above which have special
interests in maritime transport or navigation, and whose election to the
Council will ensure the representation of all major geographic areas of the
world

IMO COMMITTEES

IMO Council members (2014-2015)


Category (a): 10 States with the largest interest in
providing international shipping services:
China

Panama

Greece

Republic of Korea

Italy

Russia

Japan

United Kingdom

Norway

United States

IMO Conventions - Entry into Force


Secretary General sends copies to ALL states
Signatory states must ratify or domestically accept treaty
for official state acceptance
Once a conventions enters into force it is binding on all
signatory states
Entry into force process:
IMO member states sign convention
Signatory states formally accept treaty through domestic
political processes
Requisite number of states and/or tonnage become ratified
members
Convention now binding on all ratified members

Each convention includes provisions stipulating conditions


which have to be met before it enters into force

Conditions vary but on average: More important or complex the


document = More stringent conditions for entry into force

Examples
International Convention for the Safety of Life at Sea (SOLAS 1974)
Entry into force required: Acceptance by 25 States whose merchant
fleets comprise NO LESS than 50% of the world's gross tonnage
International Convention on Tonnage Measurement of Ships (1969)
Entry into force required: Acceptance by 25 States whose combined
merchant fleets represent NO LESS than 65% of world tonnage

Important technical conventions: Generally necessary to


require wide acceptance by large section of the
shipping community
Entry into force must be applicable to as many
maritime states as possible
Otherwise Conventions would confuse, NOT clarify,
shipping practices
Accepting a convention often involves much more than
the deposit of a formal instrument
Acceptance of a convention necessarily places on it
the obligation to undertake ALL measures required
by the convention
Frequently, national (domestic) law must be enacted
or changed to enforce provisions of the convention

Enforcement of IMO Conventions


Depends upon the Governments of Member States
IMO itself has NO power to enforce conventions or
agreements*
Contracting Governments enforce the provisions of
IMO conventions as far as their own ships are
concerned (Flagged vessels)
Set penalties for infringements where applicable
May also have limited powers in respect to ships of other
States
In some conventions, certificates are required to be carried
on board ships to show they have been inspected and met
the required standards
Certificates are normally accepted as proof by authorities
from other States that the vessel concerned has reached the
required standard
In some cases further action can be taken
*See last slide for slight exception

Port State Control (PSC)


Port State Control is an important component of IMO
enforcement procedures
PSC: Inspection of foreign ships in national ports to verify
that the condition of the ship and its equipment comply
with the requirements of international regulations and
that the ship is manned and operated in compliance
with these rules
Many technical conventions contain provisions for ships to be
inspected when they visit foreign ports to ensure that they
meet IMO requirements
Port state control is the second layer of enforcement built
into IMO convention
Inspections intended to be a back up to Flag State
implementation

Experience has shown that Port State Control can be


extremely effective when organized on a regional basis
A ship going to a port in one country will normally visit
other countries in the region before embarking on its
return voyage and it is to everybody's advantage if
inspections can be closely coordinated
Ensures that as many ships as possible are inspected
but at the same time prevents ships being delayed by
unnecessary inspections
Primary responsibility for ships' standards rests with
the Flag State - but Port State control provides a
"safety net" to catch substandard ships

Examples of Enforcement
The 1974 SOLAS Convention
The officer carrying out the control shall take such steps as will ensure that the ship shall not
sail until it can proceed to sea without danger to the passengers or the crew if there
are clear grounds for believing that the condition of the ship and its equipment does not
correspond substantially with the particulars of that certificate

An inspection of this nature takes place within jurisdiction of the Port


State
In international waters: Responsibility for imposing penalties rests with
the Flag State
Offenses within the jurisdiction of another State:
Initiate proceedings taken in accordance with its own law (Port State)
Give details of the offense to the Flag State for appropriate action

Example: Convention Relating to Intervention on the High Seas (1969)


Contracting States empowered to act against ships of other countries involved in an
accident or damaged on the high seas if there is a grave risk of oil pollution occurring
as a result

In most conventions, the Flag State is primarily responsible for


enforcing conventions

Towards IMO enforcement authority


The IMO has been given the authority to oversee the
training, examination and certification procedures of
Contracting Parties to the International Convention on
Standards of Training, Certification and Watchkeeping
for Seafarers (STCW 1978)
Governments must provide relevant information to
the IMO Maritime Safety Committee which will
judge whether or not the country concerned meets
the requirements of the Convention
One of the most important changes made in the
1995 amendments to the Convention
Entered into force: February 1997

List of IMO Conventions


Most important IMO Conventions
International Convention for the Safety of Life at Sea
(SOLAS), 1974
International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978
relating thereto and by the Protocol of 1997 (MARPOL)
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW) as
amended, including the 1995 and 2010 Manila Amendments

Conventions on maritime safety and security and ship/port interface


Convention on the International Regulations for Preventing Collisions at Sea
(COLREG), 1972
Convention on Facilitation of International Maritime Traffic (FAL), 1965
International Convention on Load Lines (LL), 1966
International Convention on Maritime Search and Rescue (SAR), 1979
Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation (SUA), 1988, and Protocol for the Suppression
of Unlawful Acts Against the Safety of Fixed Platforms located on the
Continental Shelf (and the 2005 Protocols)
International Convention for Safe Containers (CSC), 1972
Convention on the International Maritime Satellite Organization (IMSO C),
1976
The Torremolinos International Convention for the Safety of Fishing Vessels
(SFV), 1977
International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
Special Trade Passenger Ships Agreement (STP), 1971 and Protocol on
Space Requirements for Special Trade Passenger Ships, 1973

Conventions relating to prevention of marine pollution


International Convention Relating to Intervention on the High Seas in Cases
of Oil Pollution Casualties (INTERVENTION), 1969
Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter (LC), 1972 (and the 1996 London Protocol)
International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC), 1990
Protocol on Preparedness, Response and Co-operation to pollution Incidents
by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol)
International Convention on the Control of Harmful Anti-fouling Systems on
Ships (AFS), 2001
International Convention for the Control and Management of Ships' Ballast
Water and Sediments, 2004
The Hong Kong International Convention for the Safe and Environmentally
Sound Recycling of Ships, 2009

Conventions covering liability and compensation


International Convention on Civil Liability for Oil Pollution Damage (CLC),
1969
1992 Protocol - International Convention on the Establishment of an
International Fund for Compensation for Oil Damage (FUND 1992)
Convention relating to Civil Liability in the Field of Maritime Carriage of
Nuclear Material (NUCLEAR), 1971
Athens Convention relating to the Carriage of Passengers and their Luggage
by Sea (PAL), 1974
Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
International Convention on Liability and Compensation for Damage in
Connection with the Carriage of Hazardous and Noxious Substances by Sea
(HNS), 1996 (and its 2010 Protocol)
International Convention on Civil Liability for Bunker Oil Pollution, 2001
Nairobi International Convention on the Removal of Wrecks, 2007
Other subjects
International Convention on Tonnage Measurement of Ships (TONNAGE),
1969
International Convention on Salvage (SALVAGE), 1989

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