MM-SOP4000 Ship Operations ; 2012 NOMAR Nordic Master in Maritime Management ; 2012

Topic: Presented: By:

ISM Code 1. Introduction

6. September 2012 Lars Chr. Iversen

References

Anderson, Introduction http://www.imo.org/ http://www.ismcode.net/ (Andersons home page)

http://www.marisec.org/shippingfacts/home/

Framework & IMO

Requirements imposed

Flag State
Laws/Rules/ Regulations Generated

Insurance

Port State
Laws/Rules/ Regulations Generated

Classification Society Vessel & Company

Rules Generated

Charterer

Contractual obligations
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The individual national states

The Flag State: has the jurisdictional control of the ships registered (flagged) by the state.

The Port State: has certain jurisdictional rights regarding ships sailing within its national waters

The Norwegian Maritime Directorate is a government body subordinated the Ministry of Trade and Industry and the Ministry of Environment.

The directorate has jurisdiction over i) ships registered in Norway ii) foreign ships arriving Norwegian ports.
The directorates main goals are to prevent accidents and to achieve a high level of safety for lives, health, vessels and the environment.

Shipping is global Shipping is a highly globalized business.

=> Makes it necessary for international rules.

Over-national authority
The obligation by individual national states to follow overnational organizations (e.g. UN, EU). Ref.: Rules for ratification and implementation http://www.imo.org/About/Conventions/ListOfConventions/Pa ges/Default.aspx

IMO: International Maritime Organization (UN)

ILO: International Labor Organization

UNCTAD: United Nations Conference on Trade and Development

WTO : World Trade Organization

International conventions imposed

Flag State United Nations (IMO/ILO)
Conventions etc. Generated Laws/Rules/ Regulations Generated

Insurance

Classification Society Port State MoUs Paris, Tokyo etc

Laws/Rules/ Regulations Generated Contractual obligations

Vessel & Company

Rules Generated

Charterer

Implementation of Conventions by National States

International Conventions and Regulations are implemented though the legislation of each individual nation.

National Laws

Conventions Rules Regulatations

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Implementation of Conventions in Contracts

Insurance Charter contracts Ship management contracts Conventions Rules

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IMO
The International Maritime Organization
United Nations specialized agency Responsibility for the safety and security of shipping and the prevention of marine pollution by ships.
Based on Convention established 1948. IMO Convention came into force in 1958. Located in London

Members: 170 Member States and three Associate Members

Consultancy Status: 78 international Non-Governmental Organizations (NGOs) 63 international Inter-Governmental Organizations
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IMO Organization
Assembly
Regular meeting every second year

Council
China, Greece, Italy, Japan, Norway, Panama, Republic of Korea, Russian Federation, United Kingdom, United States.

Committees:

Maritime Safety Committee Marine Environment Protection Committee Legal Committee Technical Cooperation Committee Facilitation Committee

The Maritime Safety Committee is IMO's senior technical body on safetyrelated matters

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Decision/Implementation process in IMO

Described in detail on IMO web-site

New Conventions Prepared by the Committee Approved (adopted) by the Assembly Ratification (signing) by the States Enter into force when conditions for States ratification has been achieved

Complex and Time consuming Amendments Normally enter into force after Tacit Acceptance Amendment is valid if number of protesting nations not exceeds specified limit.
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SOLAS
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime safety treaty. The most important of all international treaties concerning the safety of merchant ships.

Titanic 1912 About 1500 died The first version of the treaty was passed in 1914 in response to the sinking of the Titanic

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Torrey Canyon and other large-tanker accidents in the 60s led to MARPOL

Torrey Canyon March 1967 About 130,000 ton (800.000 barrels) oil spill

Led to MARPOL
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IMO/ILO Conventions for shipping operations

Dealing with the ship SOLAS (International Convention for the Safety of Life at Sea, 1974), IMO MARPOL (International Convention for the Prevention of Pollution from Ships, 1973/1978), IMO COLREG (Convention on the International Regulations for Preventing Collisions at Sea, 1972), IMO LOADLINE (International Convention on Loadlines, 1966), IMO ISPS (The International Ship and Port Facility Security Code, 2002), IMO Dealing with the shipping company ISM (The International Safety Management Code, 1993), IMO (SOLAS Chapter IX) Dealing with the seafarer STCW (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978/1995) ILO 147 (The ILO Merchant Shipping (Minimum Standards) Convention, 1976) requires national administrations to have effective legislation on labour issues such as hours of work, medical fitness and seafarers' working conditions. This will be superseded by MLC, 2006 (The ILO Maritime Labour Convention, 2006) when it comes into force.

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ISM Code

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North-Europe ferry disasters

Herald of Free Enterprise

Capsice British Channel 6. March 1987 193 lives (459 pob)

Scandinavian Star
Fire Skagerrak 7. April 1990 159 lives (707 pob)

Estonia
Capsice and sink Baltic Sea 28. Sept 1994 852 lives (989 pob)

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Exxon Valdez
Exxon Valdez
Grounding & Major oil spill Alaska 24. March 1989 500,000 (+/-) barrels spill Clean up: 2 bill. USD Compensations: 1 bill. USD Actual damages: 0.3 bill. USD Puntive damages: 2.5 (?) bill. USD Case still ongoing!

Exxon Valdez incident led to US Oil Pollution Act 1990 (OPA 90)

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ISM Code

=
Short name:

The International Safety Management Code

Full name:

The International Management Code for the Safe Operation of Ships and for Pollution Prevention
1.2.1
The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life, and avoidance of damage to the environment, in particular to the marine environment and to property

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IMO SOLAS, 1974: ISM code = Chapter IX in SOLAS Chapter IX: 3.1: The company and the ship shall comply with the requirements of the ISM Code.

Incorporated in SOLAS in 1994

Validity from 1996/1998/2002 (depending on ship type)

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Analysis of casualities

Human factor =

80% of casualities

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Specific versus System

Requirements to Management System

Specific Requirements

versus

Old thinking and still kept

Complexity driven

New thinking in addition

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ISM

not =

Quality Management

However: ISM Code is based on same principles as modern Quality Management, e.g. ISO 9001
1.2.3
The safety management system should ensure: .1 Compliance with mandatory rules and regulations; and .2 that applicable codes, guidelines, and standards recommended by the Organization, Administrations, classification societies and maritime industry organizations are taken into account

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ISM is legally
Implication:

mandatory

Non-compliance = Legal Breach (by Flag State law)

i.e.:

Identified bodies/persons (Company, Designated Person, Master) may be prosecuted for such breaches

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Has it worked?

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Has it worked.?
Total losses by number (ships over 500gt)
Source: ICS / Int. Union of Marine Insurance

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Has it worked.?

Lives lost on cargo ships

Source: ICS/Lloyd's Register Fairplay

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Has it worked.?
Estimated quantity of oil spilt
Source: ICS/International Tanker Owners' Pollution Federation

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And now - Deepwater Horizon.

Blow-out started 20. April 2010 11 lives lost Rig lost Major blow-out lasted for about 3 months 4.9 million barrels? BP fund allocation: 20 billion USD BP paid per 07/12: 8.8 billion USD First Class Companies: BP Oil Company Operator Transocean Drilling Rig Operator Halliburton - Contractor
Note Oil Drilling Unit, not ship

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White House Commission Report conclusion:

(i) Better management of decision-making processes within BP and other companies, (ii) better communication within and between BP and its contractors and (iii) effective training of key engineering and rig personnel would have prevented the Macondo incident.
Ref: Wikipeda

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Bourbon Dolphin

Anchor Handling Vessel (AHV)

Cap-sized during anchor handling operations 12th April 2007.

8 people died.

Assignment will be given concerning this accident.

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8 died
http://www.youtube.com/watch?v=ZlX-VVxNcn4&NR=1

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Costa Concordia
Owned and operated by Costa Crociers, part of Carnival Group
Grounding - January 2012 4252 people onboard 32 people died Compete loss of vessel?: New price: 800 mill USD? Salvage operation: 300 mill. USD Causes:
Note: Court hearing postponed until Oct. 2012 Speculations:

Non-authorized navigation routing Macho show-off? Old maps? Open water-tight doors?
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Has it the ISM-Code worked.?

Some good trends, in particular on pollution. But still accidents happens. Recent events, e.g. Bourbon Dolphin, will be used as case studies as part of this course

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