v.1 09.01.17
REGULATORY IMPACT ANALYSIS
PROPOSED BILL:
MERCHANT SHIPPING (INTERNATIONAL CONVENTIONS) BILL
Prepared by the Department of Transport, Tourism and Sport
January 2017
1
Summary of Regulatory Impact Analysis (RIA)
Department: Department of
Transport, Tourism and Sport
Working Title: Merchant Shipping
(International Conventions) Bill
Stage:
Initial consultation on proposal
Date:
January 2017
Related Publications:
Existing Irish maritime legislative code
International Maritime Organisation Conventions:
Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos
Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing
Vessels, 1977;
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation,
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on
the Continental Shelf 1988 and related 2005 Protocols (as amended);
Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs)
(as amended);
Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships,
2009
International Convention for the Safety of Life at Sea (SOLAS), 1974 (as amended);
International Convention and Protocol on Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea (HNS) 1996 (as amended);
International Convention on Load Lines 1966 and Protocol to same of 1988 (as amended);
International Convention on Standards of Training, Certification and Watchkeeping for Fishing
Vessel Personnel 1995 (STCW-F);
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers
1978 (STCW) (as amended);
International Convention on Tonnage Measurement of Ships 1969; and
Nairobi International Convention on the Removal of Wrecks 2007.
International Labour Organisation Conventions:
Maritime Labour Convention 2006;
Seafarers’ Identity Documents Convention (Revised) 2003; and
Work in Fishing Convention 2007.
Information on the above is available to view or download at:
http://www.irishstatutebook.ie/
Background on IMO Conventions available on their website re the Cape Town Agreement;
Suppression of Unlawful Acts and Protocol; COLREGs; Hong Kong; SOLAS; HNS; Load Lines
Convention and Protocol; STCW-F; STCW; Tonnage Convention; and Nairobi.
Information on the Maritime Labour Convention, Seafarers'
Identity Documents Convention
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(Revised), 2003 and the Work in Fishing Convention 2007 are on the ILO's website.
Contact for enquiries: Peter Fitzsimons
e-mail: [email protected]
What policy options have been considered?
1. Do nothing
Not an option as it would mean Ireland would fail to meet its international
obligations in the maritime sector and would not be in a position to
become a party to the proposed additional Conventions.
2. Await EU legislation covering the Conventions concerned
The EU has legislated in the past for some of the International Maritime
Organisation (IMO) Conventions (e.g. STCW) and we could await future
EU legislation and introduce secondary legislation.
3. Primary Legislation – Merchant Shipping (International Conventions) Bill
To introduce a Bill that enables Ireland to:
 become a party to some of the outstanding International Maritime
Conventions (both IMO and International Labour Organisation
(ILO));
 update existing Irish legislative provisions to address amendments
to IMO Conventions and Protocols that Ireland is already a party to;
and
 address some minor amendments required in Irish maritime
legislation.
Preferred Option: Option 3.
Summary below of the costs, benefits and impacts relating to each of the options:
1. Do nothing/no policy change;
2. Await EU legislation covering the Conventions concerned; and
3. Prepare a Merchant Shipping (International Conventions) Bill.
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COSTS
1
2
3
1
Eventual costs for maritime
sector implied if Ireland
drops off the Paris MOU
1
White List and Irish vessels
subjected to increased level
of inspections. Possible
restrictions on Irish-certified
seafarers/fishers if Ireland
does not ratify certain
conventions.
Similar to Option 1 above
(fully if EU decides not to
legislate, partially if EU only
legislate on some aspects,
or for a longer period of time
if EU take a long time to
legislate).
Minimal – potentially some
administration costs to
Exchequer in preparing for
eventual ratification and
implementation of various
conventions. No immediate
costs to maritime sector.
OPTIONS
BENEFITS
IMPACTS
No immediate monetary or
resource implications for
Exchequer or maritime sector
Reputational damage if Ireland is
seen as not meeting its
international obligations.
Reduction in opportunities for
Irish-certified vessels and
seafarers/fishers if Ireland does
not keep up to date with ratified
conventions.
No immediate monetary costs.
More convenient to regulate via
secondary legislation.
Reputational damage if Ireland is
seen as delaying in meeting its
international obligations. Same
eventual impacts as for Option 1
above.
Improved safety and environmental
standards for Irish vessels and
vessels in Irish waters.
Some legislative consolidation and
modernisation.
Reputational damage avoided.
Legislation required.
See section 1.1 below (4th paragraph) re Paris MOU White List
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1.0 BACKGROUND AND CONTEXT
1.1 Background
Safety at sea is an important issue in Ireland, particularly give our island status, both for
seafarers and for vessels.
The Irish maritime legislative code is a complex and detailed one with Acts ranging from the
Merchant Shipping Act 1894 to the Merchant Shipping (Registration of Ships) Act 2014 as
well as a considerable body of Regulations, including many which give effect to EU and
other international requirements including those which arise under a number of international
conventions2.
Marine environmental and safety standards including working conditions, particularly for
internationally trading passenger and cargo vessels and for larger fishing vessels, are driven
by developments at an international level, namely at the International Maritime Organisation
(IMO), the International Labour Organisation (ILO) and by the European Union (EU).
In addition, Ireland is a Member State of the Paris Memorandum of Understanding on Port
State Control3 (the Paris MOU) which consists of 27 national maritime administrations and
covers the waters of the European coastal states and the North Atlantic basin from North
America to Europe. Ireland is currently on the "2015 White List", maintained by the Paris
MOU, of top performing shipping states in the world, in recognition of the high safety
standards aboard Irish-registered vessels. Being on the White List means Irish-registered
vessels are not subjected to the higher level of scrutiny when in the ports of other States that
is applied to the vessels on the lower-ranked Grey and Black lists. Maintaining Ireland’s
‘White List’ status is a key maritime priority and revisions to existing Irish maritime
legislation are necessary to support this.
The proposed Bill will provide a framework to enable Ireland to introduce provisions to
enable it to become a party to some ‘newer’ conventions as listed in Table 1 below. Further
secondary legislation will be required prior to the eventual implementation of these
conventions and such secondary legislation is likely to require additional Regulatory Impact
Analyses to be conducted.
2
The full list of conventions mentioned in this document, along with a brief description of each, is in the
Appendix.
3
‘Port State Control’ is the inspection of foreign ships in other national ports for the purpose of verifying that
the condition of the ship and its equipment, comply with the requirements of certain international conventions
(e.g. SOLAS, MARPOL, STCW, etc.) and that the vessel is manned and operated in compliance with those
conventions. ‘Flag State Control’ is the operation by a state of its flag state responsibilities, i.e. to enforce
regulations over vessels registered under its flag, including those relating to inspection, certification, and
issuance of safety and pollution prevention documents. These responsibilities apply no matter where the vessel
is situated.
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Table 1
Entered into
force:
Cape Town Agreement of 2012 on the Implementation of the Provisions of
the Torremolinos Protocol of 1993 Relating to the Torremolinos International
Convention for the Safety of Fishing Vessels, 1977
Hong Kong International Convention for the Safe and Environmentally Sound
Recycling of Ships, 2009
International Convention and Protocol on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea (HNS) 1996 (as amended)
International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel 1995 (STCW-F)
Nairobi International Convention on the Removal of Wrecks 2007
Seafarers’ Identity Documents Convention (Revised) 2003
Work in Fishing Convention 2007
Not yet in
force
Not yet in
force
Not yet in
force
29.09.12
14.04.15
09.02.05
Not yet in
force4
Ireland is already a party to several relevant conventions as listed in Table 2 below but the
legislation covering them needs to be updated to take account of subsequent amendments and
additional protocols. This updating does not represent a change in Irish maritime policy but
rather a continuation of same.
Table 2
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation,
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located
on the Continental Shelf 1988 and related 2005 Protocols (as amended);
Convention on the International Regulations for Preventing Collisions at Sea 1972
(COLREGs)
International Convention for the Safety of Life At Sea Convention 1974 (SOLAS) (as
amended)
International Convention on Load Lines1966 and Protocol to same of 1988 (as amended)
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers 1978 (STCW)
International Convention on Tonnage Measurement of Ships 1969
Maritime Labour Convention 2007
4
The ILO’s Work in Fishing Convention 2007 received its tenth ratification on 16 th November 2016 so will
enter into force on 16th November 2017.
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1.2 Miscellaneous Amendments
In addition, the proposed Bill will be used as an opportunity to address some minor
amendments to current Irish maritime legislation. Some of the amendments under
consideration include:


Merchant Shipping Act 1992 (No. 2 of 1992) – amend wording in section 13(1) re
passenger ships requiring insurance “… against any sum” to set a practical amount;
Maritime Safety Act 2005 (No. 11 of 2005) – extend powers of direction in section 38
in relation to moving vessels in the interest of maritime safety to members of An
Garda Síochána.
Further details of any additional proposals for any such amendments will be included in
future iterations of this Regulatory Impact Analysis.
________________
2.0 OBJECTIVES AND OPTIONS
2.1 Ultimate Objective
The ultimate objective is to have an enhanced legislative framework for the safety of life and
property at sea and the protection of the marine environment.
2.2 Immediate Objective
The immediate objective is to introduce a new Merchant Shipping (International
Conventions) Bill to update references in primary legislation to international conventions that
have been amended and to provide a legislative framework to enable Ireland to meet
requirements under other international conventions to which it is not a party. It is also
intended to introduce a small number of miscellaneous legislative amendments.
2.3 Consideration of Alternatives
2.3.1 ‘Do nothing’ Scenario
Without the proposed legislation, Ireland will be limited in its ability to apply particular
standards relating to international maritime safety, environmental and working conditions
relating to vessels and seafarers, i.e. Irish vessels operating domestically and internationally,
and international vessels and seafarers operating into Ireland.
This will have an impact on developing maritime safety and the environment generally, on
Ireland’s reputation for high standards for vessels and seafarers, and as a result of that on the
operation of Irish vessels and seafarers internationally.
The proposals are for new national legislation and for Ireland to become a party to certain
international conventions (subject to Government and Oireachtas approval in due course).
In particular, the impact on Irish vessels, fishers and seafarers operating internationally would
arise where another State which is a party to a convention (listed in Table 1 above) applies
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the convention’s provisions to non-national vessels, fishers and seafarers arriving in that
State, e.g.:




Irish fishing vessels landing in a port where the Port State is a party to the STCW-F
Convention;
Irish vessels operating internationally into a port where the Port State is a party to the
Convention and Protocol on Liability & Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea;
Irish seafarers on shore leave (Seafarers ID Convention); or
Irish fishers’ working conditions (Work in Fishing Convention).
It would also undermine Ireland’s reputation internationally, as well as its environmental
standards and pollution prevention measures for Irish vessels, if such standards and measures
were not further developed. Examples are two of the conventions in Table 1 – the Nairobi
Convention on the Removal of Wrecks (relating both to the removal of wrecks beyond
territorial seas5 and to the insurance of vessel owners against the costs of wreck removal) and
the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships.
In general, a maritime legislative code which is not up-to-date or a suitable basis on which to
issue relevant internationally recognised certificates, and a regulatory regime which does not
lead to a recognised high standard (such as inclusion on the Paris MoU White List), reduces
the attractiveness of a national shipping register. It also increases the possibility of vessel
owners leaving the register to re-register elsewhere in order to avoid the possibility of
increased inspections in foreign ports or the additional bureaucracy of having to deal with
several maritime administrations (e.g. if a vessel owner has to go to a foreign administration
to acquire a certificate for insurance required under the ‘Nairobi’ Convention).
2.3.2 Await EU legislation covering the Conventions concerned
Another option would be to wait on the EU to legislate on the matters covered by these
conventions. However, there is no guarantee that this will happen in a timely manner.
Furthermore, the EU tends to legislate only on particular issues, such as those relating to
harmonisation between the Member States or social partnership agreements, and therefore not
necessarily on the totality of a convention. Indeed, the EU itself has, on occasion, authorised
and encouraged Member States to become a party to certain conventions/agreements in
advance of it developing any legislation on the matter (as is currently the case in relation to
the Cape Town Agreement which is the subject of an EU Council Decision).
In the absence of EU legislation the same negative implications arise as under the ‘Do
Nothing’ option.
2.4. Preferred Option
The preferred option is to develop a Merchant Shipping (International Conventions) Bill
which provides the framework to:
 permit Ireland to become a party to (and eventually implement) the relevant
conventions;
5
The IMO has also requested member states, when ratifying the Nairobi Convention, to extend its remit to
include their territorial seas.
8


update the references and provisions in relation to certain conventions Ireland is
already a party to; and
improve Irish maritime legislation by introducing a number of miscellaneous
amendments.
The approach to be taken in the Bill will be to provide the general framework of the relevant
convention provisions and to permit the technical requirements of the conventions to be
specified in future secondary legislation (i.e. in Statutory Instruments). This is the approach
taken re previous maritime conventions.
________________
3.0 COSTS, BENEFITS AND IMPACTS
3.1 Costs of alternatives
There would be no additional Exchequer costs associated with a strict ‘do nothing’ approach.
Alternatives to regulation such as self-regulation, advocacy, guidance support and
information campaigns are not viable alternatives in the context of international standards and
obligations
There would be costs to be borne by Irish shipowners (e.g. increased inspections in ports of
other States) and Irish seafarers (e.g. opportunity costs of possible employment opportunities
on foreign vessels foregone) if Irish legislation is not updated as proposed.
The IMO has implemented a mandatory requirement that all its Member States undergo an
audit in accordance with the IMO Instruments Implementation Code (the ‘III Code’). Ireland
previously underwent a voluntary audit in 2010 and the new mandatory code requirement
entered into force in 2015. On this basis, Ireland will most likely next undergo an audit in
2021. In order to prepare for this audit Ireland will need to ratify and implement the relevant
international conventions as included in this Bill.
3.2 Costs of Enforcement
The proposed legislation will not, of itself, lead to any significant immediate costs as it is
continuing current policy and practice in relation to those conventions to which Ireland is
already a party and is solely an enabling provision in relation to the additional conventions.
In the main, the Department of Transport, Tourism and Sport’s Marine Survey Office and the
Irish Coast Guard are responsible for the enforcement of all national and international
legislation in relation to the safety of shipping and the prevention of pollution of the marine
environment from ship-based sources. Additionally, in certain circumstances local
authorities and the Gardaí have enforcement powers.
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3.3 Costs associated with Proposed Legislation
In practice, internationally trading Irish-registered vessels already comply with most of the
standards in the conventions concerned as they would be subject to Port State Control in any
State that has already become a party to the conventions. Therefore the proposed legislation
will complement an existing high level of compliance and is more about regularising,
consolidating and modernising aspects of the Irish maritime legislative code rather than
altering policy or enforcement methods. Some additional costs will be associated with regard
to, for example, preparation by the administration of a suitable syllabus for the STCW-F
Convention and then by the industry itself in undertaking such training (e.g. for fishers
seeking STCW-F certification). Similarly, there will be costs associated with possible
upgrades to vessels and their facilities necessitated by some of the other conventions. Further
information re possible costs will be included in additional Regulatory Impact Analyses prior
to the making of Irish regulations implementing the individual conventions.
3.4 Potential Benefits
The proposed Bill will set out additional measures to improve the safety of Irish-registered
vessels and vessels in Irish waters by complying with our obligations under international
conventions. Retention of Ireland’s place on the Paris MOU’s White List of low risk Flag
States is critical for vessels registered in Ireland trading internationally as they are not subject
to as frequent Port State Control inspections when in foreign waters than if Ireland were to
move onto the Grey List.
For Irish seafarers, in addition to the obvious benefit of generally improved safety of vessels,
access to the most up-to-date certificates (e.g. STCW-F) would present additional career
opportunities on foreign-flagged vessels.
3.5 Potential Impacts
3.5.1 National Competitiveness
The impact on national competitiveness should be positive as it will contribute to the
maintenance of Ireland’s high standards of safety for Irish-registered vessels, fishers and
seafarers and maximise their potential on the global stage.
3.5.2 The Environment
The preferred option should have a positive impact on the environment by introducing
measures that enhance the safety of Irish-registered vessels and vessels in Irish waters and the
protection of the marine environment
3.5.3 Significant Policy Change?
No significant policy change. The legislative proposals are designed to strengthen existing
policy and should have a positive impact on the maritime sector.
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3.5.4 Consumers
While the proposed provisions have little to no direct impact on consumers, they will ensure
that high safety standards are in place for passenger, cargo and fishing vessels.
3.5.5 Rights of Citizens
Additional rights for fishers will accrue following implementation of the ILO’s Work in
Fishing Convention as it provides for enhanced working and living conditions on board
fishing vessels.
3.5.6 Compliance Burden
The compliance burden regarding inspections of existing Irish-registered vessels will not be
significantly changed and may in fact be reduced as Irish vessels may be seen to be of a
higher standard and consequently subject to less inspections abroad.
However, the proposed new legislation will require that appropriate safety, security and
environmental obligations will have to be met post-implementation and that may lead to
some additional burden for shipowners, seafarers and enforcement and compliance bodies.
3.5.7 Vulnerable Social Groups
There are no negative impacts foreseen on the socially excluded, vulnerable or lower socioeconomic groups, people with disabilities or rural communities.
3.6 Conclusion
On balance, taking all the options into account, the proposed Merchant Shipping
(International Conventions) Bill is the best available option.
________________
4.0 ENFORCEMENT AND COMPLIANCE
The Marine Survey Office (MSO) is the primary enforcer of maritime safety legislation
through certification and inspection of vessels by its surveyors. The surveyors are supported
in this role as and when required by the Recognised Organisations6 authorised by the Minister
of Transport, Tourism and Sport in that regard. Local Authorities and an Garda Síochána
also have a role in the enforcement of certain aspects of the Merchant Shipping Acts.
________________
6
Recognised Organisations (sometimes referred to as Classification Societies) are organisations which develop
and apply technical standards for the design, construction and survey of ships and which carry out surveys and
inspections on board ships. Flag States can authorise classification societies to act on their behalf to carry out
statutory survey and certification work of their ships. Worldwide there are more than 50 classification societies
but only 11 classification societies are presently recognised by the European Commission. This recognition
allows them to act as Recognised Organisation on behalf of EU Member States. Currently seven Recognised
Organisations have been authorised to undertake ship survey and certification services for Irish registered
vessels on behalf of the Irish Maritime Administration.
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5.0 REVIEW
The Irish Maritime Administration keeps its legislative provisions and enforcement under
ongoing review for effective administration, implementation and compliance.
States are also subject to checks and audits of their legislation, practices and implementation
by the IMO in relation to IMO conventions (in particular the III Code mandatory audit as
mentioned at section 3.1 above). In addition, the EU’s European Maritime Safety Agency
conducts visits to, and inspections of, Member States in order to verify the implementation of
the EU maritime safety and security legislation.
________________
6. PUBLIC/SECTORAL CONSULTATION
6.1 Previous Consultations
The Department of Transport, Tourism and Sport held a public consultation on the
development of its Maritime Safety Strategy 2015-2019 in 2014. Included in the final
strategy is an action for Ireland to accede to the three fishing-related conventions mentioned
above (STCW-F, Cape Town Agreement and Work in Fishing). (Strategy can be found here)
The Department also participated in the work of the Working Group on Safety, Training and
Employment in the Irish Fishing Industry established by the Minister for Agriculture, Food
and Marine and which reported in April 2015. Membership of the Group included
representatives from the various fisheries organisations. Among the recommendations in the
Group’s Report were that Ireland should become a party to the STCW-F Convention and
consider becoming a party to the Cape Town Agreement and the ILO Work in Fishing
Convention. (Working Group Report can be found here)
6.2 Current Consultation
This early iteration of a Regulatory Impact Analysis is the first consultation on these
proposals. As well as being published on the Department’s website (www.dttas.ie) specific
notice of its publication will be sent to the bodies listed in Table 3 below in order to allow
interested stakeholders consider the proposed drafting of the Bill and the impact on the Irish
maritime sector.
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Table 3 – Notification List
Government Departments
Commissioners of Irish Lights
Local Authorities
Port Companies
Irish Ports Association
Irish Chamber of Shipping
Irish Ship Agents’ Association
Irish Exporters Association
Institute of Chartered Shipbrokers
Irish Water Safety
Irish Congress of Trade Unions
Association of Maritime Pilots of Ireland
Marine Casualty Investigation Board
Irish Maritime Development Office
Bord Iascaigh Mhara
National Maritime College of Ireland
Irish Fish Producers Organisation
Sea Fisheries Protection Authority
Irish South & East Fish Producers
Irish Maritime Law Association
Organisation
RNLI
Killybegs Fishermen’s Organisation
Irish Institute of Master Mariners
Irish South & West Fish Producers
Organisation
Health & Safety Authority
Freight Transport Association
Insurance Ireland
This Department will allow 7 weeks for the consultation procedure. Written submissions
may be submitted by post to:
Submission on MS Bill RIA
Maritime Safety Policy Division
Irish Maritime Administration
Department of Transport, Tourism and Sport
Leeson Lane
Dublin 2
D02 TR60
Or by email, with the subject matter ‘Submission on MS Bill RIA’ to [email protected].
The final date for submission is 24th February 2017. An automatic, standardised
acknowledgement of submissions received by e-mail will issue and a full list of submissions
made will appear in future iterations of this Regulatory Impact Analysis.
Important note regarding Freedom of Information
The Department of Transport, Tourism and Sport is subject to Freedom of Information
legislation. Persons making a submission should note that if they wish that any of the
information supplied in any submission should not be disclosed because of its sensitivity, this
should be clearly identified when providing the information, and the reasons for its sensitivity
specified. The Department will consult with the person who made the submission about this
sensitive information before making a decision on any Freedom of Information request
received.
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Appendix
International Maritime Organisation Conventions
Cape Town Agreement of 2012 on the Implementation of the
Provisions of the 1993 Torremolinos Protocol relating to the
Torremolinos International Convention for the Safety of Fishing Vessels
This Agreement is not yet in force internationally and Ireland is not a party to it.
In 2012 a diplomatic conference adopted a new agreement aimed at implementing the
provisions of an international treaty on fishing vessel safety – the “Cape Town Agreement of
2012 on the Implementation of the Provisions of the 1993 Torremolinos Protocol relating to
the Torremolinos International Convention for the Safety of Fishing Vessels, 1977”.
The safety of fishermen and fishing vessels forms an integral part of IMO’s mandate but the
international instruments on fishing vessel safety (the Torremolinos Convention of 1977 and
the subsequent Torremolinos Protocol of 1993) which have previously been adopted by the
Organisation have not come into force due to a variety of technical and legal obstacles.
Fishing at sea remains a hazardous occupation and the sector experiences a large number of
fatalities every year. Bringing into force a binding international safety regime is expected to
play a part in helping to improve safety standards and reduce the loss of life.
The original 1977 Torremolinos Convention contained safety requirements for the
construction and equipment of new, decked, seagoing fishing vessels. Existing vessels were
covered only in respect of radio requirements. The 1993 Torremolinos Protocol updated,
amended and absorbed the parent Convention taking into account technical evolution in the
intervening years and the need to take a more pragmatic approach to encourage ratification.
These efforts were unsuccessful in attaining the level of ratification to enter into force so the
IMO revisited the issue and adopted a new Agreement in 2012 (the Cape Town Agreement).
The Cape Town Agreement updates and amends a number of provisions of the Torremolinos
Protocol, including the following:
Application
The Convention, Agreement and Protocol all apply to fishing vessels of 24 metres in length
and greater.
Unless expressly provided otherwise, the provisions apply to new vessels. Additionally, with
regard to the implementation of certain provisions, Administrations may, in accordance with
a plan, progressively implement the provisions of chapter IX (Radiocommunications) over a
period of no more than 10 years; and the provisions of chapters VII (Life-saving appliances
and arrangements), VIII (Emergency procedures, musters and drills) and X (Shipborne
navigational equipment and arrangements) over a period of no more than 5 years.
Exemptions
The Agreement allows for Administrations to exempt any vessel entitled to fly its flag from
any of the requirements if it considers that the application is unreasonable and impracticable
14
in view of the type of vessel, the weather conditions and the absence of general navigational
hazards, provided certain conditions are met.
Certificates
The International Fishing Vessel Safety Certificate is amended to state it is issued under the
provisions of the Cape Town Agreement of 2012.
Entry into Force
The Agreement will enter into force 12 months after the date on which no less than 22 states
have ratified it with the condition that the aggregate number of fishing vessels of the ratifying
states of 24 metres or above is not less than 3,600. As of 24th November 2016, 7 states had
ratified the Agreement with an aggregate fleet of fishing vessels of 24 metres or above of 884
vessels.
The Protocol will enter into force 12 months after the date on which no less than 15 states
have ratified it with the condition that the aggregate number of fishing vessels of the ratifying
states of 24 metres or above is not less than 14,000. As of 24th November 2016, 17 states had
ratified the Protocol but their aggregate number of fishing vessels of 24 metres or above only
amounted to 3,237 so the Protocol is not yet in force.
--------------Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation and Protocol 1988 (SUA Convention)
The Convention and Protocol entered into force in 1992 and Ireland is a party to it since
2004. Subsequently further Protocols to both the Convention and the original Protocol were
made in 2005 and entered into force in 2010. Ireland is not yet a party to either of the
updating Protocols.
In 1988 the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation was adopted. The main purpose of the Convention is to ensure that appropriate
action is taken against persons committing unlawful acts against ships or fixed platform
located on the continental shelf. Those unlawful acts include the seizure of ships/fixed
platforms by force; acts of violence against persons on board ships/fixed platforms; and the
placing of devices on board a ship/fixed platform which are likely to destroy or damage it.
The Convention obliges contracting governments either to extradite or prosecute alleged
offenders.
Important amendments to the 1988 Convention and its related Protocol were adopted in 2005
in the form of Protocols to the SUA treaties (the 2005 Protocols). The 2005 Protocols add
provisions which criminalise the use of ships to transfer or discharge biological, chemical or
nuclear weapons. It also prohibits ships from discharging oil, liquefied natural gas,
radioactive materials or other hazardous or noxious substances in quantities or concentrations
that are likely to cause death or serious injury or damage.
---------------
15
Convention on the International Regulations for Preventing
Collisions at Sea, 1972 (COLREGs)
This Convention entered into force in 1977 and Ireland is a party to it.
The 1972 Convention was designed to update and replace the Collision Regulations of 1960
which were adopted at the same time as the 1960 SOLAS Convention. The Collision
Regulations provide the basis for the "rules of the road" or navigation rules to be followed by
all ships and other vessels at sea to prevent collisions between two or more vessels
One of the most important innovations in the 1972 COLREGs was the recognition given to
traffic separation schemes – Rule 10 gives guidance in determining safe speed, the risk of
collision and the conduct of vessels operating in or near traffic separation schemes.
There have been several amendments to the original Convention with the most recent being
made in 2013 and which entered into force in January 2016.
Technical provisions
The COLREGs include 38 rules divided into five sections: Part A - General; Part B - Steering
and Sailing; Part C - Lights and Shapes; Part D - Sound and Light signals; and Part E Exemptions. There are also four Annexes containing technical requirements concerning
lights and shapes and their positioning; sound signalling appliances; additional signals for
fishing vessels when operating in close proximity, and international distress signals.
Annexes
The COLREGs include four annexes:
Annex I - Positioning and technical details of lights and shapes
Annex II - Additional signals for fishing vessels fishing in close proximity
Annex III - Technical details of sounds signal appliances
Annex IV - Distress signals, which lists the signals indicating distress and need of
assistance.
--------------Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships 2009
This Convention is not yet in force internationally and Ireland is not a party to it.
The Hong Kong Convention is aimed at ensuring that ships, when being recycled after
reaching the end of their operational lives, do not pose any unnecessary risk to human health
and safety or to the environment.
The Convention was adopted in 2009 and intends to address all the issues around ship
recycling, including the fact that ships sold for scrapping may contain environmentally
hazardous substances such as asbestos, heavy metals, hydrocarbons, ozone depleting
substances and others. It will address concerns about working and environmental conditions
in many of the world's ship recycling facilities.
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Provisions in the Convention cover:



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;
the operation of ship recycling facilities in a safe and environmentally sound
manner; and
the establishment of an appropriate enforcement mechanism for ship recycling,
incorporating certification and reporting requirements.
Ships to be sent for recycling will be required to carry an inventory of hazardous materials,
which will be specific to each ship. An appendix to the Convention provides a list of
hazardous materials, the installation or use of which is prohibited or restricted in shipyards,
ship repair yards, and ships of parties to the Convention. Ships will be required to have an
initial survey to verify the inventory of hazardous materials, renewal surveys during the life
of the ship, and a final survey prior to recycling.
Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the manner
in which each individual ship will be recycled, depending on its particulars and its inventory.
Parties will be required to take effective measures to ensure that ship recycling facilities
under their jurisdiction comply with the Convention.
The Convention will enter into force 24 months after the date on which the following
conditions are met:



not less than 15 states have ratified it;
the combined merchant fleet of ratifying states constitute not less than 40% of the
gross tonnage of the world’s merchant shipping; and
the combined annual ship recycling volume of the ratifying states during the
preceding 10 years constitute not less than 3% of the gross tonnage of the combined
merchant shipping of the states.
By 24th November 2016, 5 states had ratified the Convention (the combined merchant fleets
of which constitute approximately 20.63% of the gross tonnage of the world’s merchant
fleet). The combined annual ship recycling volume of those states during the preceding 10
years was 55,792 Gross Tonnage.
--------------International Convention for the Safety of Life at Sea (SOLAS), 1974
This Convention entered into force in 1980 and Ireland is a party to it since 1983. The
Convention has been amended on a continual basis (up to 145 time to date) to take into
account technical evolution and practical experiences.
This Convention and its Annex (the first version of which was adopted in 1914 following the
sinking of the Titanic) ensures that ships flagged by signatory states comply with minimum
safety standards in construction, equipment and operation. The SOLAS Convention in its
successive forms is generally regarded as the most important of all international treaties
concerning the safety of merchant ships. The Convention has been subject to significant
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expansion in the scope of the subject matter that it covers and is regularly updated to reflect
the developing technologies and practices in the sector. Major revisions of the Convention
took place in 1929, 1948, 1960 and, most recently, in 1974. However a series of technical
amendments (sometimes up to 11 times a year) have updated the Convention and Annex
since then and that process is ongoing.
The Convention’s regulations, unless expressly provided otherwise, apply only to ships
engaged on international voyages. The classes of ship to which each chapter applies are more
precisely defined, and the extent of the application is shown, in each chapter. Chapter V
(Safety of Navigation) applies to all vessels.
Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the
construction, equipment and operation of ships, compatible with their safety. Flag States are
responsible for ensuring that ships under their flag comply with its requirements, and a
number of certificates are prescribed in the Convention as proof that this has been done.
Control provisions also allow Contracting Governments to inspect ships of other contracting
states if there are clear grounds for believing that the ship and its equipment do not
substantially comply with the requirements of the Convention - this procedure is known as
Port State Control. The Convention includes Articles setting out general obligations,
amendment procedure and so on, followed by an Annex divided into 12 Chapters.
Subject matters covered by the Chapters include construction regulations, fire protection
matters, life-saving appliances and arrangements, radiocommunications, safety of navigation,
carriage of various kinds of cargo and dangerous goods, requirements for various types of
ships and measures to enhance maritime safety and security.
--------------International Convention and Protocol (of 2010) on Liability and Compensation
for Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea 1996 (HNS)
This Convention and Protocol are not in force internationally and Ireland is not a party to
either instrument.
The HNS Convention was adopted in 1996 and is based on the highly successful model of the
Civil Liability and Fund Conventions which cover pollution damage caused by spills of
persistent oil from tankers. As with the original oil pollution compensation regime, the HNS
Convention will establish a two-tier system for compensation to be paid in the event of
accidents at sea, in this case, involving hazardous and noxious substances such as chemicals.
However, it goes further in that it covers not only pollution damage but also the risks of fire
and explosion, including loss of life or personal injury as well as loss of or damage to
property.
The Convention introduces strict liability for the shipowner and a system of compulsory
insurance and insurance certificates.
It has generally been agreed that it would not be possible to provide sufficient cover by the
shipowner liability alone for the damage that could be caused in connection with the carriage
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of HNS cargo. This liability, which creates a first tier of the Convention, is therefore
supplemented by the second tier, the HNS Fund, financed by cargo interests. The fund will
become involved because:
(a) no liability for the damage arises for the shipowner. This could occur, for
example, if the shipowner was not informed that a shipment contained HNS or
if the accident resulted from an act of war;
(b) the owner is financially incapable of meeting the obligations under the
Convention in full and any financial security that may be provided does not
cover or is insufficient to satisfy the claims for compensation for damage, or
(c) the damage exceeds the owner's liability limits established in the Convention.
Contributions to the second tier will be levied on persons in the contracting parties who
receive a certain minimum quantity of HNS cargo during a calendar year. The tier will
consist of one general account and three separate accounts for oil, liquefied natural gas
(LNG) and liquefied petroleum gas (LPG). The system with separate accounts has been seen
as a way to avoid cross-subsidisation between different HNS substances.
The HNS Convention excludes pollution damage as defined in the International Convention
on Civil Liability for Oil Pollution Damage and the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution Damage, to avoid
an overlap with those conventions.
The Convention will enter into force 18 months after the date on which the following two
conditions are met:


at least 12 states, including 4 states each with not less than 2 million units of gross
tonnage, have expressed their consent to be bound by it, and
the Secretary-General of the IMO has received information in accordance with article
43 that those persons in such states who would be liable to contribute pursuant to
article 18, paragraphs 1(a) and (c) have received during the preceding calendar year a
total quantity of at least 40 million tonnes of cargo contributing to the general
account.
As of 24th November 2016, 14 states had ratified the Convention but only 3 of them had not
less than 2 million units of gross tonnage.
The Protocol of 2010 enters into force 18 months after the date on which the following two
conditions are met:


at least 12 states, including 4 states each with not less than 2 million units of gross
tonnage, have expressed their consent to be bound by it; and
the Secretary-General of the IMO has received information in accordance with article
20, paragraphs 4 and 6, that those persons in such states who would be liable to
contribute pursuant to article 18, paragraphs 1(a) and (c), of the Convention, as
amended by the Protocol, have received during the preceding calendar year a total
quantity of at least 40 million tonnes of cargo contributing to the general
As of 24th November 2016, no states had ratified the Protocol.
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--------------International Convention on Load Lines 1966 and Protocol of 1988
This Convention entered into force in 1968 and Ireland is a party to it since then. The
Protocol entered into force in 2000 and Ireland is a party to it since 2002. Both the
Convention and the Protocol have been amended on several occasions with the most recent
amendments being made in 2014.
Limitations on the draught7 to which a ship may be loaded make a significant contribution to
her safety. These limits are given in the form of freeboards8, which constitute, besides
external weathertight and watertight integrity, the main objective of the Convention.
The first International Convention on Load Lines, adopted in 1930, was based on the
principle of reserve buoyancy, although it was recognised then that the freeboard should also
ensure adequate stability and avoid excessive stress on the ship's hull as a result of
overloading.
In the 1966 Load Lines Convention, adopted by the IMO, provisions are made for
determining the freeboard of ships by subdivision and damage stability calculations.
The Convention takes into account the potential hazards present in different zones and
different seasons. The technical annex contains several additional safety measures
concerning doors, freeing ports, hatchways and other items. The main purpose of these
measures is to ensure the watertight integrity of ships' hulls below the freeboard deck.
All assigned load lines must be marked amidships on each side of the ship, together with the
deck line. Ships intended for the carriage of timber deck cargo are assigned a smaller
freeboard as the deck cargo provides protection against the impact of waves.
The 1988 Protocol entered into force on 3rd February 2000. As well as harmonising the
Convention's survey and certification requirements with those contained in the SOLAS and
MARPOL Conventions, the 1988 Protocol revised certain regulations in the technical
Annexes to the Load Lines Convention and introduced the tacit amendment procedure, so
that amendments adopted will enter into force six months after the deemed date of acceptance
unless they are rejected by one-third of parties.
---------------
7
‘Draught’ refers to the depth of a vessel’s keel below the waterline.
‘Freeboard’ is the height of a ship's hull (excluding superstructure) above the waterline, i.e. the vertical
distance from the current waterline to the lowest point on the highest continuous watertight deck. This usually
varies from one part to another.
8
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International Convention on Tonnage Measurement of Ships 1969
The Convention entered into force in 1982 and Ireland is a party to it since 1985.
The Convention was the first successful attempt to introduce a universal tonnage
measurement system.
Previously, various systems were used to calculate the tonnage of merchant ships. Although
all went back to the method devised by George Moorsom of the British Board of Trade in
1854, there were considerable differences between them and it was recognised that there was
a great need for one single international system.
The Convention provides for gross and net tonnages, both of which are calculated
independently. Its rules apply to all ships built on or after 18th July 1982.
Gross tonnage and net tonnage
The Convention meant a transition from the traditionally used terms gross register tons (grt)
and net register tons (nrt) to gross tonnage(GT) and net tonnage (NT).
Gross tonnage forms the basis for manning regulations, safety rules and registration fees.
Both gross and net tonnages are used to calculate port dues.
The gross tonnage is a function of the moulded volume of all enclosed spaces of the ship.
The net tonnage is produced by a formula which is a function of the moulded volume of all
cargo spaces of the ship. The net tonnage shall not be taken as less than 30 per cent of the
gross tonnage.
--------------International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel (STCW-F) 1995
This Convention entered into force in 2012 and Ireland is not a party to it.
This is the equivalent convention to STCW for the fishing sector. It is the first convention to
establish basic requirements on training, certification and watchkeeping for fishing vessel
personnel on an international level, which countries are obliged to meet or exceed.
Currently, it is estimated that annually more than 24,000 lives are lost world-wide during
fishing operations. The IMO has a number of instruments addressing the issue, including this
Convention, the objectives of which are to improve the quality of education and training
provided to personnel employed in fishing vessels; and enhance the standard of training and
safety in the fishing industry and fishing vessel fleets, and improve the safety of life and
property at sea in the fishing industry.
The Convention applies mainly to crew on board seagoing fishing vessels of 24 metres in
length and greater. It sets the regulatory framework for the training and certification of
personnel employed on board fishing vessels.
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The STCW-F Convention is comparatively short and consists of 15 Articles and an annex
containing technical regulations in four chapters:
Ch. I contains general provisions;
Ch. II deals with certification of skippers, officers, engineer officers and radio
operators;
Ch. III deals with basic safety training for all fishing vessel personnel; and
Ch. IV deals with watchkeeping.
The Convention entered into force for States that have become a party to it in September
2012. This means that those States may enforce the Convention requirements on fishing
vessels flying their flag and also on foreign-flagged fishing vessels calling to their ports.
--------------International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers 1978 (STCW)
This Convention entered into force in 1984 and Ireland is a party to it since then. It has been
amended on numerous occasion with the latest amendments being adopted in 2015 and will
enter into force in January 2017.
The 1978 STCW Convention was the first to establish basic requirements on training,
certification and watchkeeping for seafarers on an international level. Previously the
standards of training, certification and watchkeeping of officers and ratings were established
by individual governments, usually without reference to practices in other countries. As a
result standards and procedures varied widely, even though shipping is the most international
of all industries.
The Convention prescribes minimum standards relating to training, certification and
watchkeeping for seafarers which countries are obliged to meet or exceed.
The 1995 amendments represented a major revision of the Convention. These amendments
entered into force on 1st February 1997. One of the major features of the revision was the
division of the technical annex into regulations, divided into Chapters as before, and a new
STCW Code, to which many technical regulations were transferred. Part A of the Code is
mandatory while Part B is recommended. Dividing the regulations up in this way makes
administration easier and it also makes the task of revising and updating them simpler.
Another major change was the requirement for parties to the Convention to provide detailed
information to IMO concerning administrative measures taken to ensure compliance with the
Convention. This represented the first time that IMO had been called upon to act in relation
to compliance and implementation – generally, implementation is down to the Flag States,
while Port State Control also acts to ensure compliance. Under Chapter I, the information
which parties are required to provide to the IMO includes education and training courses,
certification procedures and other factors relevant to implementation. The information is
reviewed by panels of competent persons, nominated by parties to the STCW Convention,
who report on their findings to the IMO Secretary-General, who, in turn, reports to the
Maritime Safety Committee (MSC) on the parties which fully comply. The MSC then
produces a list of "confirmed parties" in compliance with the STCW Convention.
22
The STCW Convention includes Chapters on general provisions; master and deck
department; the engine department; radiocommunication and radio personnel; special training
requirements for personnel on certain types of ships; emergency, occupational safety, medical
care and survival functions; alternative certification and watchkeeping
The Manila amendments to the STCW Convention and Code were adopted on 25th June
2010, marking a major revision of the STCW Convention and Code. Those amendments
entered into force on 1st January 2012.
--------------Nairobi International Convention on the Removal of Wrecks 2007
This Convention entered into force in April 2015 and Ireland is not a party to it.
The Nairobi International Convention on the Removal of Wrecks 2007 provides a uniform
framework for wreck removal beyond a Stat’s territorial sea but within its Exclusive
Economic Zone. Wrecks have the potential to affect adversely the safety of people, goods
and property at sea as well as the marine environment.
Under the provision of the Convention the registered owner of a ship bears strict liability for
the measures to be taken if their ship is wrecked including the locating, marking and
subsequent removal of the wreck. There are certain limited circumstances where the owner
could avoid liability, e.g. if the wreck resulted from an act of war. While the onus to remove
the wreck is on the registered owner there are also options available for the State affected by
the wreck should the registered owner not co-operate or be unable to be contacted.
Additionally, the Convention introduces compulsory insurance to cover recovery of wrecks
for ships, wherever registered, with a gross tonnage of 300 tons and above calling at any port
or offshore facility in a State Party. The Convention also provides for an affected State to
claim directly from an insurer.
---------------------
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International Labour Organisation Conventions
ILO Maritime Labour Convention 2006
This Convention (known as the ‘MLC 2006’) came force in August 2013 and Ireland is a
party to it since July 2014.
It establishes minimum working and living standards for all seafarers on ships of ratifying
countries. It is also an essential step toward ensuring fair competition and a level-playing
field for quality owners of ships flying the flags of ratifying countries.
The MLC 2006 was adopted by government, employer and worker representatives at a
special ILO International Labour Conference, in February 2006, to provide international
standards for the world’s first genuinely global industry.
The Convention sets out in one place seafarers' rights to decent conditions of work on almost
every aspect of their working and living conditions including, among others, minimum age,
employment agreements, hours of work or rest, payment of wages, paid annual leave,
repatriation at the end of contract, onboard medical care, the use of licensed private
recruitment and placement services, accommodation, food and catering, health and safety
protection and accident prevention and seafarers’ complaint handling.
It was designed to become the "fourth pillar" of the international regulatory regime for
quality shipping, complementing the key conventions of the IMO dealing with safety and
security of ships and protection of the marine environment.
The MLC 2006 applies to a wide range of ships operating on international and national or
domestic voyages. Exceptions include those navigating exclusively in inland waters or
waters within, closely adjacent to sheltered waters or areas where port regulations apply;
those engaged in fishing or similar pursuits; and ships of traditional build such as dhows and
junks and warships or naval auxiliaries.
Amendments to the MLC 2006 were adopted at the ILO’s Annual Meeting in 2016.
As of 30th November 2016, the ILO has registered ratifications of the Convention by 80 ILO
Member States responsible for regulating conditions for seafarers on more than 80 per cent of
the world’s gross tonnage of ships.
--------------ILO Seafarers’ Identity Documents Convention (revised) 2003
This revised Convention entered into force in February 2005 and Ireland is not a party to it.
The main purpose of the Convention is to facilitate the temporary admission of seafarers on
foreign territory for the purposes of accessing onshore seafarer welfare facilities or taking
shore leave, for seafarers’ well-being while in port, and for essential transit through a country
related to the operation of ships (a seafarer’s arrival to join a ship or leave a ship, for example
to be repatriated). While in force since 2005, implementation of the Convention
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internationally has been slow due to the emphasis on biometrics in the proposed seafarers’
identity document and a number of technological obstacles.
The Convention is set out as a series of articles and annexes covering, inter alia, its scope,
Seafarers’ Identity Documents (including their content and form), national electronic
databases, facilitation of shore leave and transfer of seafarers and transitional provisions.
Further amendments to the Convention were adopted at the ILO’s Annual Meeting in 2016.
--------------ILO Work in Fishing Convention 2007
This Convention will enter into force in November 2017 and Ireland is not a party to it.
The objective of the Convention is to ensure that fishers have decent conditions of work on
board fishing vessels with regard to the requirements for work on board a fishing vessel
(minimum age and medical examination), conditions of service (manning and hours of rest,
crew list, work agreements, repatriation, recruitment and placement and payment of fishers),
accommodation and food, and medical care, health protection and social security.
Some aspects of the Convention apply to all fishers on all commercial fishing vessels while
some other of the requirements specifically apply to fishers on vessels over 24 metres in
length.
25