Circular Letter
MSC.1/Circ.1199

INTERIM GUIDANCE ON COMPLIANCE OF SHIPS CARRYING DRY CARGOES IN BULK WITH REQUIREMENTS OF SOLAS CHAPTERS II-1, III, IX, XI-1 AND XII

(31 May 2006)

1. The Maritime Safety Committee, at its eighty-first session (10 to 19 May 2006), noted that, on 1 July 2006, with the entry into force of the amendments to SOLAS chapters II-1, III and XII, there will be a definition of bulk carrier contained, or referred to, in the revised regulations II-1/2 and XII/1.1 differing from the existing definition contained in regulation IX/1.6.

2. In this context, the Committee further noted that whereas the revised regulation II-1/2 made reference to regulation XII/1.1, the revised regulation III/31 made reference to SOLAS regulation IX/1.6, as far as the definition of bulk carriers was concerned, for ships constructed on or after 1 July 2006, thereby creating a possible distinction between bulk carriers.

3. In this context, the Committee acknowledged the concern that the compliance of a ship, which was not certified as a bulk carrier but nevertheless carries cargoes in bulk, with SOLAS chapter XII requirements, might be questioned by port State control officers.

4. In view of the aforementioned potential problems, the Committee agreed, until an appropriate interpretation of the definition of bulk carrier harmonizing that definition is accepted by the Committee, to reaffirm that, in the interim, the interpretation and application of appropriate SOLAS requirements are the responsibility of flag Administrations.

5. Member Governments are invited to bring this guidance to the attention of officials exercising port State control actions and other parties, as appropriate.