MEPC.237(65) Adoption of the Code for Recognized Organizations (RO Code)

 

RESOLUTION MEPC.237(65)

 

(Adopted on 17 May 2013)

CODE FOR RECOGNIZED ORGANIZATIONS (RO CODE)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,

RECALLING ALSO resolution A.739(18) entitled Guidelines for the authorization of organizations acting on behalf of the Administration and resolution A.789(19) entitled Specifications on the survey and certification functions of recognized organizations acting on behalf of the Administration, which have become mandatory under both chapter 2 of annex I and chapter 3 of annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating hereto (MARPOL), and under the 1974 SOLAS Convention and the 1988 Load Lines Protocol,

RECOGNIZING the need to update the aforementioned resolutions, gather all the applicable requirements for recognized organizations in a single IMO mandatory and assist in achieving harmonized and consistent global implementation of requirements established by IMO instruments for the assessment and authorization of recognized organizations,

RECOGNIZING ALSO the need for a code to provide, as far as national laws allow, a standard approach to assist the Administrations in meeting their responsibilities in recognizing, authorizing and monitoring their recognized organizations,

NOTING resolution MEPC.238(65), by which it adopted, inter alia, amendments to Annexes I and II of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereafter referred to as the 1978 Protocol) to make the provisions of part 1 and part 2 of the Code for recognized organizations (RO Code) mandatory under MARPOL,

HAVING CONSIDERED, at its sixty-fifth session, the text of the proposed Code for recognized organizations,

CONSIDERING that it is highly desirable for the Code for recognized organizations to be made mandatory under the 1974 SOLAS Convention, the 1988 Load Lines Protocol and MARPOL to remain identical,

1. ADOPTS the Code for recognized organizations, the text of which is set out in the annex to the present resolution;

2. INVITES all Parties to the 1978 Protocol to note that the RO Code will take effect on 1 January 2015 upon the entry into force of the respective amendments to Annex I and Annex II of MARPOL;

3. REQUESTS the Secretary-General to transmit certified copies of the present resolution and the text of the RO Code contained in the annex to all Parties to the 1978 Protocol;

4. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and the annex to all Members of the Organization which are not Parties to the 1978 Protocol;

5. RECOMMENDS Governments concerned to use the recommendatory provisions contained in part 3 of the RO Code as a basis for relevant standards, unless their national requirements provide at least an equivalent degree.

 

ANNEX

 

CODE FOR RECOGNIZED ORGANIZATIONS (RO CODE)

 

Contents

 

PREAMBLE

PART 1 GENERAL

1 PURPOSE

2 SCOPE

3 CONTENTS

4 DELEGATION OF AUTHORITY

5 COMMUNICATION OF INFORMATION

6 REFERENCES

PART 2 RECOGNITION AND AUTHORIZATION REQUIREMENTS FOR ORGANIZATIONS

1 TERMS AND DEFINITIONS

2 GENERAL REQUIREMENTS FOR RECOGNIZED ORGANIZATIONS

2.1 General

2.2 Rules and Regulations

2.3 Independence

2.4 Impartiality

2.5 Integrity

2.6 Competence

2.7 Responsibility

2.8 Transparency

3 MANAGEMENT AND ORGANIZATION

3.1 General

3.2 Quality safety and pollution prevention policy

3.3 Documentation requirements

3.4 Quality manual

3.5 Control of documents

3.6 Control of records

3.7 Planning

3.8 Organization

3.9 Communication

3.9.1 Internal communication

3.9.2 Communication/cooperation with flag State

3.9.3 Cooperation between ROs

3.10 Management review

3.10.1 General

3.10.2 Review input

3.10.3 Review output

4 RESOURCES

4.1 General

4.2 Personnel

4.3 Infrastructure

4.4 Work environment

5 STATUTORY CERTIFICATION AND SERVICES PROCESSES

5.1 General

5.2 Design and development

5.3 Design and development inputs

5.4 Design and development outputs

5.5 Design and development verification

5.6 Control of design and development changes

5.7 Control of production and service provisions

5.8 Property of clients

5.9 Subcontracting and service suppliers

5.10 Control of monitoring and measuring devices

5.11 Complaints

5.12 Appeals

6 PERFORMANCE MEASUREMENT, ANALYSIS AND IMPROVEMENT

6.1 General

6.2 Internal audit

6.3 Vertical contract audit

6.4 Monitoring and measurement of processes

6.5 Control, monitoring and measurement of non-conformities; including statutory deficiencies

6.6 Improvement

6.6.1 General

6.6.2 Data analysis

6.6.3 Sources of information

6.6.4 Corrective action

6.6.5 Preventative action

7 QUALITY MANAGEMENT SYSTEM CERTIFICATION

8 AUTHORIZATION OF RECOGNIZED ORGANIZATIONS

8.1 General

8.2 Legal basis of the functions under authorization

8.3 Specification of authorization

8.4 Resources

8.5 Instruments

8.6 Instructions

8.7 Records

PART 3 OVERSIGHT OF RECOGNIZED ORGANIZATIONS

1 PURPOSE

2 SCOPE

3 REFERENCES

4 TERMS AND DEFINITIONS

5 ESTABLISHING AN OVERSIGHT PROGRAMME

5.1 Oversight

5.2 The flag State's supervision of duties delegated to an RO

5.3 Verification and monitoring

6 PRINCIPLES OF AUDITING

7 MANAGING AN OVERSIGHT PROGRAMME

7.1 General

7.2 Oversight programme objectives and extent

7.2.1 Objectives of an oversight programme

7.2.2 Extent of an oversight programme

7.3 Oversight programme responsibilities, resources and procedures

7.3.1 Oversight programme responsibilities

7.3.2 Oversight programme resources

7.3.3 Oversight programme procedures

7.3.4 Oversight programme implementation

7.3.5 Oversight programme records

7.4 Oversight programme monitoring and reviewing

APPENDIX 1 REQUIREMENTS FOR TRAINING AND QUALIFICATION OF RECOGNIZED ORGANIZATION'S TECHNICAL STAFF

A1.1 Definitions

A1.2 Trainee entry requirements

A1.3 Modules

A1.4 Theoretical training for survey and plan approval staff

A1.5 Practical training for survey and plan approval staff

A1.5.1 General

A1.5.2 Plan approval staff

A1.5.3 Survey staff

A1.5.4 Examinations and tests for survey and plan approval staff

A1.5.5 Audit Staff

A1.6 Qualification

A1.7 Assessment of training effectiveness

A1.8 Maintenance of qualification

A1.9 Activity monitoring

A1.9.1 Purpose

A1.9.2 Monitoring

A1.9.3 Method

A1.9.4 Reporting

A1.9.5 Evaluation

A1.9.6 Implementation

A1.11 Training of support staff

A1.12 Records

APPENDIX 2 SPECIFICATIONS ON THE SURVEY AND CERTIFICATION FUNCTIONS OF RECOGNIZED ORGANIZATIONS ACTING ON BEHALF OF THE FLAG STATE

A2.1 SCOPE

A2.2 AREAS OF INTEREST COVERED BY ELEMENTARY MODULES

A2.2.1 MANAGEMENT

Module 1A: Management functions

A2.2.2 TECHNICAL APPRAISAL

Module 2A: Hull structure

Module 2B: Machinery systems

Module 2C: Subdivision and stability

Module 2D: Load line

Module 2E: Tonnage

Module 2F: Structural fire protection

Module 2G: Safety equipment

Module 2H: Oil pollution prevention

Module 2I: NLS pollution prevention

Module 2J: Radio

Module 2K: Carriage of dangerous chemicals in bulk

Module 2L: Carriage of liquefied gases in bulk

A2.2.3 SURVEYS

Module 3A: Survey functions

A2.2.4 QUALIFICATIONS AND TRAINING

Module 4A: General qualifications

Module 4B: Radio survey qualifications

A2.3 SPECIFICATIONS PERTAINING TO THE VARIOUS CERTIFICATES

A2.3.1 PASSENGER SHIP SAFETY CERTIFICATE

Initial certification, renewal survey

A2.3.2 CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE

Initial certification, annual/intermediate, renewal surveys

A2.3.3 CARGO SHIP SAFETY EQUIPMENT CERTIFICATE

Initial certification, annual, periodical, renewal surveys

A2.3.4 CARGO SHIP SAFETY RADIO CERTIFICATE

Initial certification, periodical, renewal surveys

A2.3.5 INTERNATIONAL SAFETY MANAGEMENT CODE CERTIFICATION

Initial certification, annual/intermediate verifications, renewal certification

A2.3.6 INTERNATIONAL LOAD LINE CERTIFICATE

Initial certification, annual, renewal surveys

A2.3.7 INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE

Initial certification, annual, intermediate, renewal surveys

A2.3.8 INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK

Initial certification, annual, intermediate, renewal surveys

A2.3.9 INTERNATIONAL CERTIFICATE OF FITNESS FOR THE CARRIAGE OF DANGEROUS CHEMICALS IN BULK

Initial certification, annual, intermediate, renewal surveys

A2.3.10 INTERNATIONAL CERTIFICATE OF FITNESS FOR THE CARRIAGE OF LIQUEFIED GASES IN BULK

Initial certification, annual, intermediate, renewal surveys

A2.3.11 INTERNATIONAL TONNAGE CERTIFICATE (1969)

Initial certification

APPENDIX 3 ELEMENTS TO BE INCLUDED IN AN AGREEMENT

 

 

PREAMBLE

The Code for Recognized Organizations (RO Code) was adopted by the Organization by resolutions MSC.349(92) and MEPC.237(65).

This Code:

.1 provides flag States with a standard that will assist in achieving harmonized and consistent global implementation of requirements established by the instrument of the International Maritime Organization (IMO) for the assessment and authorization of recognized organizations (ROs);

.2 provides flag States with harmonized, transparent and independent mechanisms, which can assist in the consistent oversight of ROs in an efficient and effective manner; and

.3 clarifies the responsibilities of organizations authorized as ROs for a flag State and overall scope of authorization.

 

PART 1

GENERAL

1 PURPOSE

The Code serves as the international standard and consolidated instrument containing minimum criteria against which organizations are assessed towards recognition and authorization and the guidelines for the oversight by flag States.

2 SCOPE

2.1 The Code applies to:

.1 all organizations being considered for recognition or that are recognized by a flag State to perform, on its behalf, statutory certification and services under mandatory IMO instruments and national legislation; and

.2 all flag States that intend to recognize an organization to perform, on their behalf, statutory certification and services under mandatory IMO instruments.

2.2 The Code establishes:

.1 the mandatory requirements that an organization shall fulfil to be recognized by a flag State (part 1);

.2 the mandatory requirements that an RO shall fulfil when performing statutory certification and services on behalf of its authorizing flag States (part 2);

.3 the mandatory requirements that flag States shall adhere to when authorizing an RO (part 2); and

.4 guidelines for flag State oversight of ROs (part 3).

 

2.3 The Code defines the functional, organizational and control requirements that apply to ROs conducting statutory certification and services performed under mandatory IMO instruments, such as, but not limited to, SOLAS, MARPOL and the Load Lines Conventions.

2.4 All requirements of the Code are generic and applicable to all ROs, regardless of their type and size and the statutory certification and services provided.

2.5 ROs subject to this Code need not offer all types of statutory certification and services and may have a limited scope of recognition, provided that the requirements of this Code are applied in a manner that is compatible with the limited scope of recognition. Where any requirement of this Code cannot be applied due to the scope of services delivered by an RO, this shall be clearly identified by the flag State and recorded in the RO's quality management system.

3 CONTENTS

The Code consists of three parts. Part 1 contains general provisions. Part 2 contains mandatory provisions for the flag State and RO as already contained in relevant IMO instruments and applicable international standards. Part 3 contains guidelines for the oversight of ROs by flag States.

4 DELEGATION OF AUTHORITY

4.1 A flag State may delegate authority to an organization recognized as complying with the provisions of this Code to perform, on its behalf, statutory certification and services under mandatory IMO instruments and its national legislation.

4.2 The flag State shall not authorize functions beyond RO's capabilities. In this respect, the flag State shall take into consideration appendix 2 of this Code for authorization.

4.3 Flag States should cooperate with each other with the objective of ensuring that ROs to whom they delegate authority adhere to the provisions of this Code.

5 COMMUNICATION OF INFORMATION

The flag State shall communicate to, and deposit with, the Secretary-General of IMO a list of ROs for circulation to the interested parties for information of their officers, and a notification of the specific responsibilities and conditions of the authority delegated to ROs.

6 REFERENCES

The Code is based on the following referenced documents:

.1 mandatory IMO instruments and IMO Guidelines and recommendations (i.e. Codes, guidelines and standards recommended by the Organization);

.2 ISO 9000:2005, Quality Management Systems Fundamentals and vocabulary;

.3 ISO 9001:2008, Quality Management Systems Requirements;

.4 ISO/IEC 17020:1998, General criteria for the operation of various types of bodies performing inspection;

.5 ISO 19011:2002, Guidelines for quality and/or environmental management systems auditing;

.6 International Association of Classification Societies (IACS) Quality Management System Requirements (QMSR); and

.7 national legislation.

 

PART 2

RECOGNITION AND AUTHORIZATION REQUIREMENTS FOR ORGANIZATIONS

1 TERMS AND DEFINITIONS

1.1 Recognized organization (RO) means an organization that has been assessed by a flag State, and found to comply with this part of the RO Code.

1.2 Authorization means the delegation of authority to an RO to perform statutory certification and services on behalf of a flag State as detailed in an agreement or equivalent legal arrangement taking into account the " Elements to be included in an Agreement" as set out in appendix 3 of this Code.

1.3 Statutory certification and services means certificates issued, and services provided, on the authority of laws, rules and regulations set down by the Government of a sovereign State. This includes plan review, survey, and/or audit leading to the issuance of, or in support of the issuance of, a certificate by or on behalf of a flag State as evidence of compliance with requirements contained in an international convention or national legislation. This includes certificates issued by an organization recognized by the flag State in accordance with the provisions of SOLAS regulation XI-1/1, and which may incorporate demonstrated compliance with the structural, mechanical and electrical requirements of the RO under the terms of its agreement of recognition with the flag State.

1.4 Assessment means any activity to determine that the assessed entity fulfils the requirements of the relevant rules and regulations.

1.5 Interested parties means any person or legal entity who can demonstrate a justified interest in the survey and certification process and includes, inter alia, clients of the RO, shipowners, ship operators, shipbuilders, equipment manufacturers, shipping industry interests or associations, marine insurance interests or associations, trade associations, governmental regulatory bodies or other governmental services and non-governmental organizations.

1.6 Location is a place from which surveys are carried out and managed, or where plan approval is carried out, or from which processes are managed.

1.7 Site is the place at which a surveyor is based to cover a specific contract or a series of contracts including; but not limited to, a port, shipyard, firm, and company. All statutory certification and services at sites are to be controlled by a location.

1.8 A Vertical Contract Audit (VCA) is a contract/order specific audit of production processes, including witnessing work during attendance at a survey, audit or plan approval in progress and, as applicable, including relevant sub-processes. A VCA is carried out at a location or a site (Survey Station/Approval Office/Site) to verify the correct application of relevant requirements in service realization for the specific work in that contract/order, and their interactions (relevant sub-processes include e.g. previous part surveys or UTM processes connected to the survey). Plan approval VCA may be carried out for completed tasks.

2 GENERAL REQUIREMENTS FOR RECOGNIZED ORGANIZATIONS

2.1 General

Delegation of authority by a flag State to an organization shall be subject to the confirmation of the capability of that organization to demonstrate that it has the capacity to deliver high standards of service and its compliance with the requirements of this Code and applicable national legislation.

2.2 Rules and regulations

The RO shall establish, publish and systematically maintain its rules or regulations, a version of which shall be provided in the English language, for the design, construction and certification of ships and their associated essential engineering systems as well as provide for adequate research capability to ensure appropriate updating of the published criteria.

2.3 Independence

The RO and its staff shall not engage in any activities that may conflict with their independence of judgement and integrity in relation to their statutory certification and services. The RO and its staff responsible for carrying out the statutory certification and services shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the item subject to the statutory certification and services, nor the authorized representative of any of these parties. The RO shall not be substantially dependent on a single commercial enterprise for its revenue.

2.4 Impartiality

2.4.1 The personnel of ROs shall be free from any pressures, which might affect their judgement in performing statutory certification and services. Procedures shall be implemented to prevent persons or organizations external to the organization from influencing the results of services carried out.

2.4.2 All potential customers shall have access to statutory certification and services provided by the RO without undue financial or other conditions. The procedures under which the RO operates shall be administered in a non-discriminatory manner.

2.5 Integrity

The RO shall be governed by the principles of ethical behaviour, which shall be contained in a Code of Ethics. The Code of Ethics shall recognize the inherent responsibility associated with a delegation of authority to include assurance of adequate performance of services.

2.6 Competence

The RO shall perform statutory certification and services by the use of competent surveyors and auditors who are duly qualified, trained and authorized to execute all duties and activities incumbent upon their employer, within their level of work responsibility.

2.7 Responsibility

The RO shall define and document the responsibilities, authorities, qualifications and interrelation of personnel whose work affects the quality of its services.

2.8 Transparency

2.8.1 Transparency reflects the principle of access to, or disclosure of, all information related to the statutory certification and services carried out by the RO on behalf of a flag State.

2.8.2 The ROs shall communicate information to the flag State as described in the section on communication/cooperation with the flag State.

2.8.3 Information concerning the status of ships certified by ROs shall be made available to the public.

3 MANAGEMENT AND ORGANIZATION

3.1 General

The RO shall, based on the provisions of this Code, develop and implement a quality management system and shall continually improve its effectiveness.

3.2 Quality, safety and pollution prevention policy

The RO shall define and document its policy and objectives for, and commitment to, quality, safety and pollution prevention. In particular, the RO's management shall:

.1 ensure that the policy and objectives are established;

.2 ensure the policy and objectives are appropriate for the purpose of the organization;

.3 communicate the policy and objectives; including provisions applicable to the statutory certification and services, to the organization and ensure that it is understood within the organization;

.4 ensure sufficient availability of resources;

.5 include a commitment to comply with all applicable requirements and continually improve the effectiveness of the quality management system;

.6 conduct management reviews; which includes a framework for reviewing quality objectives; and

.7 review the quality policy, objectives and the quality management system for continuing suitability.

3.3 Documentation requirements

3.3.1 The quality management system shall include the following documentation:

.1 quality policy and quality objectives;

.2 quality manual (refer to section 3.4);

.3 procedures and records required by this Code and the national legislation of the recognizing flag State;

.4 procedures to ensure the effective planning, operation, and control of the RO's processes;

.5 rules and regulations as applicable to the RO's areas of authorization;

.6 list of ships for which statutory certification and services are provided;

.7 other documented process procedures that are considered necessary (these include any circulars or letters, which provide the surveyors and administrative staff with up-to-date information on classification, statutory and related matters);

.8 specifications and diagrams defining or amplifying service processes; and

.9 pro-forma reports, checklists and certificates appropriate to the activities covered by this certification.

3.3.2 The quality management system shall also include external documents, such as:

.1 national and international standards necessary for the activities governed by this instrument;

.2 IMO Conventions and resolutions;

.3 national shipping regulations and standards appropriate to the authorization of the RO;

.4 documents and data submitted to the RO for verification and/or approval; and

.5 specified correspondence defined by the RO to be of an important nature.

3.4 Quality manual

The RO shall establish and maintain a quality manual that includes:

.1 scope of the quality management system, including details of, and justification for any exclusions;

.2 management statement on its policy and objectives for, and commitment to, quality;

.3 description of the RO's areas of activity and competence;

.4 general information about the organization and its head office (name, address, phone number, etc., and legal status);

.5 information on the RO's relationship to its parent or associated organizations (where applicable);

.6 charts describing the organization's structure;

.7 management statement assigning a person designated who is responsible for the organization's quality management system;

.8 relevant job descriptions;

.9 policy statement on qualification and training of personnel;

.10 documented procedures established for the quality management system, or reference to them;

.11 description of the interaction between processes of the quality management system; and

.12 description of all other documents required by the quality management system.

3.5 Control of documents

3.5.1 Documents required by the quality management system shall be controlled. The provision of document control shall apply to any type of document, including but not limited to; electronic media and IT applications where said electronic media may affect the reliability of the service or of the recorded data.

3.5.2 A documented procedure shall be established to define the controls needed to:

.1 approve documents for adequacy prior to issue;

.2 review and update as necessary and re-approve documents;

.3 ensure that changes and the current revision status of documents are identified;

.4 ensure that relevant versions of applicable documents are available at points of use;

.5 ensure that documents remain legible and readily identifiable;

.6 ensure that documents of external origin determined by the RO to be necessary for the planning and operation of the quality management system are identified and their distribution is controlled; and

.7 prevent the unintended use of obsolete documents, and to apply suitable identification if they are retained for any purpose.

 

3.6 Control of records

3.6.1 Records shall be established to provide evidence of conformity to requirements of this Code and of the effective operation of the quality management system. The records shall be controlled.

 

3.6.2 The RO shall establish a documented procedure to define the controls needed for the identification, storage, protection, retrieval, retention, and disposition of records. Records shall remain legible, readily identifiable and retrievable.

3.6.3 The RO shall ensure that records are maintained, demonstrating achievement of the required standards in the terms covered by the statutory certification and services performed as well as the effective operation of the quality management system. Records, other than those set out in 3.6.4.2, shall be retained at least for the period for which statutory certification and services are provided by the RO. Records specified in 3.6.4.2 for a ship shall be retained for a minimum period of three years beyond the period for which statutory certification and services are provided by the RO to that ship, or a longer period if specified in the agreement between the flag State and the RO.

3.6.4 Records shall include at least those relevant to:

.1 rules and regulations development and associated research;

.2 the application of the rules and regulations and statutory requirements through:

.1 verification and/or approval of documents and/or drawings relevant to the design;

.2 approval and survey of materials and equipment;

.3 survey during construction and installation;

.4 survey during service; and

.5 issuance of certificates;

.3 the list of ships; and

.4 all other records required by this quality management system and any additional requirements established by the recognizing flag State.

3.7 Planning

3.7.1 The RO shall ensure that quality objectives, including those needed to meet the requirements for statutory certification and services are established at relevant functions and levels within the organization.

3.7.2 The quality objectives shall be measurable and consistent with the quality policy.

3.7.3 The RO shall in its planning consider the elements identified below, and use the result to evaluate the effectiveness of its standards and procedures and their impact on safety of life and property and the marine environment:

.1 that the planning of the quality management system is carried out in order to meet the requirements of the mandatory IMO Instruments, including but not limited to this Code, its quality management system and the authorizing flag State's national legislation;

.2 that the integrity of the quality management system is maintained when changes to the quality management system are planned and implemented;

.3 that the needs and expectations of the customers and other interested parties are taken into account, e.g. feedback from IMO, flag States and industry associations;

.4 the effectiveness of services based on statistics from port State control, casualties, loss trends and feedback obtained from internal and external users;

.5 the performance of the quality management system processes based on feedback from internal audits, non-conformities and internal comments;

.6 lessons learned from previous experience and deriving from an examination of survey reports, casualty investigations or external sources; and

.7 other sources of information which identifies opportunities for improvement.

3.7.4 The RO shall identify and plan the processes required for the quality management system, and determine the sequence and interaction of these processes.

3.7.5 The RO shall determine the requirements to be complied with and the criteria to ensure both the operation and control of these processes, including the criteria for acceptance, and evaluate the resources needed.

3.7.6 The RO shall plan and develop the processes required for statutory certification and services. Planning of the delivery of statutory certification and services shall be consistent with the requirements of other processes of the quality management system.

3.7.7 In planning the delivery of statutory certification and services, the RO shall determine the following as appropriate:

.1 quality objectives and requirements for statutory certification and services;

.2 the need to establish processes and documents, and to provide resources specific to the activity;

.3 required verification, validation, monitoring, measurement, inspection and test activities and the criteria for acceptance; and

.4 records needed to provide evidence that statutory certification and services meet the quality management system requirements; the requirements set out in the Code and the national legislation of the recognizing flag State.

3.7.8 The output of this planning shall be in a form suitable for the RO's structure and method of operations. The output of the planning should consider:

.1 responsibility and authority for developing improvement plans;

.2 skills and knowledge needed;

.3 improvement approaches, methodology and tools;

.4 resource requirements;

.5 alternative planning needs;

.6 indicators for performance achievements; and

.7 the need for documentation and records.

3.8 Organization

3.8.1 The relative size, structure, experience, and capability of the RO shall be commensurate with the type and degree of the statutory certification and services authorized by the flag State.

3.8.2 The RO shall demonstrate that it has the technical, administrative, and managerial competence and capacity to ensure the provision of quality services in a timely manner.

3.8.3 The RO shall appoint a member of its management who, irrespective of other responsibilities, shall have responsibility and authority that includes:

.1 ensuring that processes needed for the quality management system are established, implemented, and maintained;

.2 ensuring that processes required for the effective delivery of statutory certification and services are established, implemented and maintained;

.3 reporting to top management on the performance of the quality management system; the delivery of statutory certification and services and any need for improvement; and

.4 ensuring the promotion of awareness of all requirements throughout the RO.

3.8.4 The RO shall ensure that the responsibilities and authorities are defined and communicated within the RO.

3.9 Communication

3.9.1 Internal communication

The RO shall ensure that appropriate communication processes are established within the RO and that communication takes place regarding the effectiveness of the quality management system and statutory certification and services provided.

3.9.2 Communication/cooperation with flag State

3.9.2.1 The RO shall establish appropriate communication processes with the authorizing flag State that, inter alia, address the following:

.1 information specified by the flag State in terms of authorization;

.2 classification of ships (assignments of class, changes and withdrawals), as applicable;

.3 cases where a ship did not in all respects remain fit to proceed to sea without danger to the ship or persons on board or presenting unreasonable threat of harm to the marine environment;

.4 information on all overdue surveys, overdue recommendations or overdue conditions of class, operating conditions or operating restrictions issued against their classed ships that shall be made available upon request by the authorizing flag State; and

.5 other information as so specified by the authorizing flag State.

3.9.2.2 The RO shall allow participation in the development of its rules and/or regulations by the flag State.

3.9.2.3 The RO shall determine, propose and, if agreed by the flag State, implement effective arrangements for communicating with a flag State in relation to:

.1 enquiries, contracts or other handling, including amendments; and

.2 flag State feedback, including conformity issues pertaining to statutory certification and services.

3.9.3 Cooperation between ROs

3.9.3.1 Under the framework established by the flag State, the ROs shall cooperate and share relevant experience with other ROs with the view to standardizing processes concerning statutory certification and services for the flag State, as appropriate.

3.9.3.2 Under the framework established by a flag State or a group of flag States, the organizations recognized by this State or these States shall establish and maintain appropriate technical and safety-related cooperation processes regarding statutory certification and services of ships, which may affect the validity of certificates issued by other ROs either in whole or in part on behalf of the said flag State(s). Flag States shall seek to mutually cooperate in order to ensure, as far as practicable, the compatibility of their respective frameworks.

3.9.3.3 No flag State shall mandate its ROs to apply to ships, other than those entitled to fly its flag, any requirement pertaining to their classification rules, requirements, procedures or performance of other statutory certification processes, beyond convention requirements and the mandatory instruments of the IMO.

3.9.3.4 In cases of transfer of the certification of the ship from one RO to another, the losing organization shall, without undue delay, provide the gaining organization access to the history file of the ship including:

.1 any overdue surveys;

.2 any overdue recommendations and overdue conditions of class;

.3 operating conditions issued against the ship;

.4 operating restrictions issued against the ship; and

.5 technical information, drawings, plans and documents taking into account the relevant guidelines developed by the Organization1.

_____________________

1 MSC-MEPC.5/Circ.2 Guidelines for Administrations to ensure the adequacy of transfer of class-related matters between recognized organizations (ROs).

 

3.9.3.5 New certificates for the ship can be issued by the gaining organization only after all overdue surveys have been satisfactorily completed and all overdue recommendations or overdue conditions of class previously issued in respect of the ship have been completed as specified by the losing organization.

3.9.3.6 Within one month from the issuance of the certificates, the gaining organization shall advise the losing organization of the date of issue of the certificates and confirm the date, place and action taken to satisfy each overdue survey, overdue recommendation and overdue condition of class.

3.9.3.7 ROs shall establish and implement appropriate common requirements concerning cases of transfer of the certification of a ship where special precautions are necessary. Those cases shall, as a minimum, include the certification of ships of 15 years of age or over and the transfer of a ship from an organization not recognized by the flag State of the ship.

3.10 Management review

3.10.1 General

The management of an RO shall review its quality management system; including a review of the RO's performance of statutory certification and services, at planned intervals, which shall not exceed 13 months, to ensure its continuing suitability, adequacy, and effectiveness. This review shall include assessing opportunities for improvement and the need for changes to the quality management system, including the quality policy and quality objectives.

3.10.2 Review input

The input to management review shall include the following information:

.1 results of audits;

.2 feedback from interested parties;

.3 process performance and consistency of compliance with statutory requirements;

.4 status of preventive and corrective actions;

.5 follow-up actions from previous management reviews;

.6 changes that could affect the quality management system; and

.7 recommendations for improvement.

Any output of management reviews containing information relevant to quality objectives, customer complaints and activity monitoring, throughout the RO, shall be used as input to the top management review.

3.10.3 Review output

3.10.3.1 The output from management review shall include any decisions and actions related to:

.1 improvement of the effectiveness of the quality management system and its processes;

.2 improvement of services related to the requirements established in the authorization agreement; and

.3 resource requirements.

3.10.3.2 Top management shall ensure that the results of the top management review of the quality management system, including the derived quality objectives, are documented and communicated throughout the organization, as appropriate.

3.10.3.3 Records from management reviews shall be maintained.

4 RESOURCES

4.1 General

4.1.1 The RO shall determine and provide the adequate resources in terms of technical, managerial and survey capabilities to accomplish the tasks being assigned and resources needed to implement the quality management system and to continually improve its effectiveness; and to enhance its performance in the delivery of statutory certification and services.

4.1.2 The RO shall be able to document extensive experience in assessing the design, construction and equipment of ships and the capability to effectively perform statutory certification and services on behalf of a flag State.

4.1.3 The RO shall have the capacity to:

.1 provide for the publication and systematic maintenance of rules and/or regulations for the design, construction and certification of ships and their associated essential engineering systems as well as the provision of an adequate research capability to ensure appropriate updating of the published criteria. The RO is required to maintain an up-to-date version of this publication in the English language; and

.2 allow participation in the development of its rules and/or regulations by representatives of the flag State and other interested parties.

4.2 Personnel

4.2.1 The RO shall be equipped, at all times, with significant managerial, technical, support and research staff commensurate with the size of the fleet in its class, its composition and the organization's involvement in the construction, repair and conversion of ships. The RO shall be capable of assigning to every place of work, when and as needed, the means and staff commensurate with the tasks to be carried out in accordance with the requirements of this Code and those of the flag State.

4.2.2 The management of an RO shall have the competence, capability and capacity to organize, manage and control the performance of statutory certification and services in order to verify compliance with requirements relevant to the tasks delegated and shall, inter alia:

.1 possess an adequate number of competent supervisory, technical appraisal and survey personnel;

.2 develop and maintain appropriate procedures and instructions;

.3 maintain up-to-date documentation on interpretation of the relevant instruments;

.4 give technical and administrative support to field staff; and

.5 review survey reports and plan approval letters for accuracy, compliance with requirements and to provide experience feedback for continual improvement.

4.2.3 The RO shall be established with a qualified staff to provide the required service representing an adequate geographical coverage and local representation as required.

4.2.4 The RO shall perform statutory certification and services by the use of only exclusive surveyors and auditors, being persons solely employed by the RO, duly qualified, trained and authorized to execute all duties and activities incumbent upon their employer, within their level of work responsibility. While still remaining responsible for the certification on behalf of the flag State, the RO may subcontract radio surveys to non-exclusive surveyors in accordance with section 5.9 of part 2 of this Code.

4.2.5 The RO's personnel performing and responsible for statutory certification and services shall have, as a minimum, the following formal education:

.1 qualifications from a tertiary institution within a relevant field of engineering or physical science (minimum two-year programme); or

.2 qualifications from a marine or nautical institution and relevant seagoing experience as a certificated ship officer, and

.3 proficiency in the English language commensurate with the scope of statutory certification and services.

4.2.6 Other personnel assisting in the performance of statutory work shall have education, training and supervision commensurate with the tasks they are authorized to perform.

 

4.2.7 The RO shall have a documented system to track the qualifications of personnel; including continuous updating of their knowledge as appropriate to the tasks they are authorized to undertake. This system shall comprise appropriate training courses, including, inter alia, international instruments and appropriate procedures related to the delivery of statutory certification and services, as well as practical tutored training; it shall provide documented evidence of satisfactory completion of the training. As a minimum, the provisions in appendices 1 and 2 shall be met.

4.3 Infrastructure

4.3.1 The RO shall determine, provide, and maintain the infrastructure required to perform statutory certification and services in accordance with the requirements of the mandatory IMO instruments. Infrastructure includes, as applicable:

.1 building, workspaces and associated utilities;

.2 process equipment (both hardware and software); and

.3 supporting services, including but not limited to transport, communication, training and information systems.

4.3.2 Systems (hardware and software) provided to the surveyor shall be identified and relevant training on their use shall be carried out and documented. Special consideration should be given to the situation where a surveyor is working out of a home-based office.

4.4 Work environment

4.4.1 The RO shall be satisfied that the work environment is safe and effective to perform statutory certification and services. While it is understood that such environmental conditions are not provided by the RO, the environmental conditions under which the survey will be permitted to take place shall be made clear to the customer prior to survey commencing.

4.4.2 The RO shall determine the necessary working procedures required to perform statutory certification and services safely and effectively. Training of staff on personal safety shall be carried out and documented.

4.4.3 Requirements for personal protective equipment to be used while performing statutory certification and services and procedures for personal safety of surveyors at work shall be established and documented.

5 STATUTORY CERTIFICATION AND SERVICES PROCESSES

5.1 General

It should be recognized that statutory certification and services are service delivery development processes for flag State and RO compliance verification activities rather than the design process for a ship or its equipment.

5.2 Design and development

5.2.1 The RO shall plan and control the design and development of statutory certification and services processes. During the design and development planning, the organization shall determine:

.1 the design and development stages;

.2 the review, verification and validation that are appropriate to each service design and development stage; and

.3 the responsibilities and authorities for design and development.

5.2.2 The RO shall allow participation in the development and review of its rules, procedures and/or regulations, specifically in the review process prior to finalization, by representatives of the flag State and interested parties.

5.2.3 The RO shall include in its rules and/or procedures:

.1 requirements specified and communicated to ROs by the flag State, specifically for statutory certification and services2;

.2 requirements not stated by the flag State but necessary for specified or intended use, as determined by the RO.

______________________________

2 Refer to the Code for the implementation of mandatory IMO instruments, 2011, adopted by resolution A.1054(27), as may be amended.

 

5.2.4 Implementation of requirements may be in the form of adoption into the RO's internal requirements or by use of the original documents from IMO or the flag State.

5.2.5 The RO shall not issue statutory certificates to a ship, irrespective of its flag, which has been declassed or is changing class for safety reasons, before giving the opportunity to the competent Administration of the flag State to give its opinion within a reasonable time as to whether a full inspection is necessary.

5.3 Design and development inputs

5.3.1 Inputs relating to service requirements shall be determined and records maintained.

These inputs shall include:

.1 applicable statutory and regulatory requirements;

.2 where applicable, information derived from previous similar designs;

.3 other requirements essential for design and development, such as functional and performance requirements; and

.4 in-service experience with ships and mobile offshore drilling units obtained from within the RO itself and external sources.

5.3.2 The inputs shall be reviewed for adequacy. Requirements shall be complete, unambiguous and not in conflict with each other.

5.4 Design and development outputs

At suitable stages, systematic reviews of design and development of rules and standards shall be performed in accordance with planned arrangements to evaluate the ability of the results to meet requirements; and to identify any problems and propose necessary actions.

 

5.5 Design and development verification

Verification shall be performed in accordance with planned arrangements to ensure that the design and development outputs have met the design and development input requirements. Records of the results of the verification and any necessary actions shall be maintained.

5.6 Control of design and development changes

Design and development changes shall be identified and records maintained. The changes shall be reviewed, verified and validated, as appropriate, and approved before implementation. The review of the design and development changes shall include evaluation of the effect of the changes on the constituent parts and product already delivered. Records of the results of the review of changes and any necessary actions shall be maintained.

5.7 Control of production and service provisions

5.7.1 The RO shall ensure that all statutory certification and services are carried out under controlled conditions.

5.7.2 Controlled conditions shall include, as applicable:

.1 the availability of information that describes the status and condition of ships surveyed and certified;

.2 the availability of rules, regulations, work instructions, and other applicable standards, as necessary;

.3 the use of suitable equipment;

.4 the availability and use of monitoring and measuring equipment;

.5 the implementation of monitoring and measurement;

.6 the implementation of controls to ensure the accuracy of survey reports and certificates both before and after issuance; and

.7 a safe work environment.

5.7.3 An RO shall conduct the statutory certification and services of the ship in conformity with all relevant international requirements and the requirements of this Code. When accepting a ship on behalf of the flag State that was constructed originally without a known flag State the RO shall verify that the ship complies with national requirements of that flag State prior to certification.

5.8 Property of clients

The RO shall identify, verify, protect and safeguard property provided by the clients for performance of statutory certification and services. If property is lost, damaged or otherwise found to be unsuitable for use, the RO shall report this to the property owner and maintain relevant records.

5.9 Subcontracting and service suppliers

5.9.1 Where an RO chooses to outsource any service that affects conformity to requirements or accepts work of a third party approved by the RO, the RO shall ensure that it fully controls the performance of such services. The flag State may increase the scope of control to be applied to these outsourced services. The process for outsourcing shall be defined within the RO's quality management system. For the purpose of accountability to the flag State, the work performed by the sub-contracted organization or service supplier constitutes the work of the RO and shall be subject to the requirements incumbent upon the RO under this Code.

5.9.2 Firms providing services on behalf of the owner of a ship or a mobile offshore drilling unit, the results of which are used by the RO in making decisions affecting the statutory certification and services shall be subject to approval and control by either the flag State or the RO in accordance with the procedures under their respective quality management system or the flag State requirements.

5.10 Control of monitoring and measuring devices

5.10.1 The RO shall determine the monitoring and measurement to be undertaken and the monitoring and measurement equipment needed to provide evidence of conformity to the applicable requirements.

5.10.2 The RO shall establish processes to ensure that monitoring and measurement can be carried out in a manner that is consistent with the monitoring and measurement requirements.

5.10.3 Where necessary to ensure valid results, measuring equipment shall:

.1 be calibrated or verified, or both, at specified intervals, or prior to use, against measurement standards traceable to international or national measurement standards; where no such standards exist, the basis used for calibration or verification shall be recorded;

.2 be adjusted or re-adjusted as necessary;

.3 have identification in order to determine its calibration status;

.4 be safeguarded from adjustments that would invalidate the measurement result; and

.5 be protected from damage and deterioration during handling, maintenance, and storage.

5.10.4 The RO shall assess and record the validity of previous measuring results when the equipment is found not to conform to requirements. The RO shall take appropriate action on the equipment affected. Records of results of calibration and verification shall be maintained.

5.10.5 When used in monitoring and measurement of specific requirements, the ability of computer software to satisfy the intended application shall be confirmed. This shall be undertaken prior to initial use and reconfirmed as necessary.

5.10.6 Where an RO is verifying testing at manufacturers, builders, repairers or owners premises and reporting the same, the RO shall ensure that the measuring devices used in the process are identified and that evidence of calibration is obtained. Where an RO is witnessing testing of service equipment installed or available on board a ship, a means shall be established so that the RO is satisfied as to the appropriate accuracy of the measuring equipment.

5.11 Complaints

The RO shall have a documented process to address complaints related to statutory certification and services.

5.12 Appeals

The RO shall have a documented process to address appeals related to statutory certification and services in accordance with the requirements of the flag State.

6 PERFORMANCE MEASUREMENT, ANALYSIS AND IMPROVEMENT

6.1 General

6.1.1 The RO shall plan and implement the monitoring, measurement, analysis and improvement processes needed to demonstrate conformity to statutory certification and services requirements, to ensure conformity of the quality management system, and to continually improve the effectiveness of the quality management system. This shall include the determination of applicable methods, including statistical techniques, and the extent of their use. The measurements employed by the RO shall be reviewed periodically, and data shall be verified on a continual basis for accuracy and completeness.

6.1.2 The RO shall develop key performance indicators with respect to the performance of statutory certification and services.

6.2 Internal audit

6.2.1 The RO shall implement an audit programme; including the completion of internal audits at planned intervals to determine whether the authorized activity conforms to the planned arrangements and that the quality management system is effectively implemented and maintained, and that a supervisory system is in place, which monitors statutory certification and services.

6.2.2 The audit programme shall take into consideration the status and importance of the processes and areas to be audited, as well as the results of previous audits, flag State feedback, complaints and appeals including port State and flag State inspections. When planning the internal audits, consideration shall be given to complaints received in the past (either related to the location or in general) and to the results of previous internal audits and to the operation of the locations.

6.2.3 The RO shall define the audit criteria, scope, frequency, and methods. Auditors shall be suitably qualified and selected in order to ensure objectivity and impartiality of the audit process. Auditors shall not audit their own work. The audit scope shall cover the processes for the statutory certification and services at various locations with a focus on verification of the efficient and effective implementation of the quality management system and applicable work processes at the individual location. The audit periods, which may be established according to the findings, shall ensure that each location is audited at least once per three years. Audits at locations shall also include visits to selected sites, which operate under the control of the location.

 

6.2.4 A documented procedure shall be established to define the responsibilities and requirements for planning and conducting audits, establishing records and reporting results. Records of audits and their results shall be maintained.

6.2.5 The management responsible for the area being audited shall ensure that any necessary




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