Circular
Letter
MSC/Circ.1157
INTERIM SCHEME FOR THE COMPLIANCE OF CERTAIN CARGO SHIPS WITH THE SPECIAL
MEASURES TO ENHANCE MARITIME SECURITY
(adopted on 20 May 2005)
1.
The Maritime Safety Committee (the Committee), at its eightieth session (11 to
20 May 2005), noted that in a number of cases, cargo ships engaged on
international voyages of 500 gross tonnage and upwards were not required to
comply with the provisions of SOLAS chapter XI-2 and part A of the ISPS Code on
the grounds that the provisions of resolution A.494(XII) on the Revised Interim
Scheme for Tonnage Measurement for Certain Ships were applicable to them and
thus they were allowed to use the gross tonnage, as determined under national
tonnage rules which were in effect prior to the coming into force of the
International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 69),
for establishing the applicability of SOLAS chapter XI-2 and of part A of the
ISPS Code.
2.
The Committee agreed that the gross tonnage to be used for determining whether
a cargo ship engaged on international voyages is required to comply with the
provisions of SOLAS chapter XI-2 and part A of the ISPS Code shall be that
determined in accordance with the provisions of TONNAGE 69.
3.
The Committee recognized that immediate compliance of the cargo ships which
have not been required to comply with the provisions of SOLAS chapter XI-2 and
part A of the ISPS Code presented practical difficulties and would affect the
owners and the Companies operating such ships and the port facilities serving
them. As a result the Committee adopted the Interim Scheme for the compliance
of certain cargo ships with the Special measures to enhance maritime security
(the Interim Scheme) as set out at annex.
4.
SOLAS Contracting Governments are invited to bring the Interim Scheme to the
attention of owners and of Companies operating cargo ships entitled to fly
their flag as well as to the attention of Designated Authorities, port facility
owners and operators and port facility security officers and to request the
latter to respond positively when ships request the conclusion of Declaration
of Security.
5.
SOLAS Contracting Governments, international organizations and non-governmental
organizations with consultative status which encounter difficulties with the
implementation of the Interim Scheme should bring, at the earliest opportunity,
the matter to the attention of the Committee for consideration of the issues
involved and decision on the actions to be taken.
Annex.
INTERIM SCHEME FOR THE COMPLIANCE OF CERTAIN CARGO SHIPS WITH THE SPECIAL
MEASURES TO ENHANCE MARITIME SECURITY
The
Maritime Safety Committee decided that:
1.
For the purpose of this Scheme:
.1 "Gross
tonnage" means the gross tonnage of the ship as determined under the provisions
of the International Convention on the Tonnage Measurement of Ships, 1969 and
shown on the International Tonnage Certificate (1969) of the ship;
.2
"Requirements" means the requirements of SOLAS chapter XI-2 and part
A of the ISPS Code, taking into account the provisions of part B of the ISPS
Code; and
.3 "Cargo
ship" means a cargo ship, irrespective of the date on which the keel of
the ship was laid, of 500 gross tonnage and upwards engaged on international
voyage which has not been required by the Administration to comply with the
Requirements on the grounds of national tonnage rules.
2.
Terms not otherwise defined in this Scheme shall have the same meaning as the
meaning attributed to them in SOLAS chapters I and XI-2 or the ISPS Code.
3.
Cargo ships and Companies operating such ships which have not been required to
comply with the Requirements shall comply with the Requirements not later than
1 July 2008.
4.
Until 30 June 2008, cargo ships not complying with the Requirements whilst
within a port facility which is required to comply with the Requirements shall
acknowledge the measures to enhance maritime security established by the
Contracting Government within whose territory the port facility is located and,
irrespective of the provisions of SOLAS regulation XI-2/10.31 (relating
to the submission of the Declaration of Security) and sections A/5.1 and A/5.2
of the ISPS Code, shall request a Declaration of Security2 as from 1
October 2005. Contracting Governments are urged to facilitate such requests and
to issue appropriate guidance on this
_____________________
1 This provision implies that
neither the Contracting Government nor the port facility concerned have the
right to decline the conclusion of a Declaration of Security when a cargo ship
makes a request to this end and that the ship is obliged to conclude one when
it is requested to do so.
2 Paragraph B/16.56.2 of the
ISPS Code recommends that the port facility security plan (PFSP) should
establish details of the procedures and security measures the port facility
should apply when it is interfacing with a ship to which the ISPS Code does not
apply.
Paragraph B/16.57 of the ISPS
Code recommends that the PFSP should establish the procedures to be followed
when on the instructions of the Contracting Government the port facility
security officer (PFSO) requests a Declaration of Security or when a
Declaration of Security is requested by a ship.
If the approved PFSP already
includes appropriate provisions to this end then those security measures and
procedures should be applied unless the Contracting Government concerned
decides otherwise. If the PFSP does not contain such provisions, then the PFSO
should contact the authorities who approved the PFSP and the authorities
responsible for the exercise of control and compliance measure pursuant to
SOLAS regulation XI-2/9 and seek their advice and guidance.
Scheme
to port facilities located within their territories. If the port facility
security officer refuses the request of the ship for a Declaration of Security
then the ship shall use the Declaration of Security to record the security
measures3 and shall complete and sign, on behalf of the ship alone,
the Declaration of Security. If the cargo ship does not have a designated ship
security officer, the Declaration of Security shall be concluded by the master.
__________________
3 For the purposes of SOLAS
regulation XI-2/9, it is recommended that cargo ships to which this Scheme
applies retain the Declarations of Security for the last ten ports of call. The
ship should start retaining the Declarations of Security as from 1 October
2005.
5.
If an Administration has issued to a cargo ship entitled to fly its flag a
statement attesting that the ship is not required to comply with the
Requirements, that statement shall be withdrawn and cancelled. An
Administration may issue to a cargo ship entitled to fly its flag, which it did
not require to comply with the Requirements, a statement attesting that the
ship is subject to the provisions of this Scheme.
6.
Without prejudice to the provisions of SOLAS regulation XI-2/2.2 to XI-2/2.2.1,
port facilities which have not been required by the Contracting Government
within whose territory they are located to comply with the Requirements because
they serve cargo ships as defined above shall comply with the Requirements not
later than 1 July 2008.
7.
Cargo ships which, on the date of adoption of this Scheme, were holding either
a valid International or a valid Interim