Final-Term-Paper Capt-Aspillaga 050819 UPDATED

PHILIPPINE MERCHANT MARINE ACADEMY
Graduate School, Manila
THE IMO CONVENTIONS RATIFIED BY THE PHILIPPINES
Submitted by:
ArgeeGrexa A. Alegre
Marketing and Events Consultant
Submitted to:
Capt. Rudy Aspillaga
PMMA GS, Professor
1
THE IMO CONVENTIONS RATIFIED BY THE PHILIPPINES

Table of Contents
Page
Introduction and Objectives 4
IMO Conventions Ratified by the Philippines 5-8
Contents and Relevance
IMO Convention 48 9-11
IMO Amendments 91 11
IMO Amendments 93 11
SOLAS Convention 74 12-15
LOADLINE Convention 66 15
TONNAGE 1969 16
STCW Convention 78 17
STP Agreement 71 18
IMSO Convention 76 18-19
INMARSAT OA 76 19-20
MARPOL 73/78 (Annex I/II) 20-21
MARPOL 73/78 (Annex III) 21
MARPOL 73/78 (Annex IV) 21
MARPOL 73/78 (Annex V) 21
London Convention 72 22
London Convention Protocol 96 22
CLC Protocol 92 23-24
FUND Protocol 92 24-26
SUA Convention 88 26-27
2
Page
SUA Protocol 88 27
COLREG 72 27-31
OPRC 31-32
MARPOL Annex VI 32-33
SOLAS PROT 1978 33
Load Line Protocol 88 34
SOLAS PROT 1988 34
AFS 2001 34-35
BWM Convention 35-37
Philippine Implementations 38
List of Sources 39
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Introduction
The International Maritime Organization (IMO) is a specialized agency of the United Nations
that is responsible for measures to improve the safety and security of international shipping
and to prevent marine pollution from ships.
A convention is a written agreement with several parts. Conventions form a major part of
maritime affairs governed by the IMO.
According to the IMO, themselves, more specifically, the IMO is “the global standard-setting
authority for the safety, security and environmental performance of international shipping.”
The International Maritime Organization’s objectives can be best summed up by its slogan:
“Safe, secure and efficient shipping on clean oceans.”
Objectives
1. To be able to list down all the conventions, including amendments and

protocols that were ratified by the Philippines.
2. To be able to discuss the content, relevance and implications of each ratified

IMO convention by the Philippines.
3. To be able to discuss the Philippine implementation of these IMO

conventions, amendments and protocols.
4
IMO Conventions Ratified by the Philippines (as of June 22, 2018)
YEAR OF
TITLE OF
NUMBER RATIFICATION/
CONVENTION/PROTOCOL/AGREEMENT
ACCESSION
IMO Information on date

Convention on the International Maritime
Convention of ratification not
Organization
48 available

Amendments 1991 Amendments to the IMO Convention of ratification not
91 available

Amendments 1993 Amendments to the IMO Convention of ratification not
93 available
SOLAS International Convention for the Safety of Life at

Convention 1982
Sea, 1974, as amended
74
LOADLINE
Convention International Convention on Load Lines, 1966 1969
66
TONNAGE International Convention on Tonnage

1969
1969 Measurement of Ships, 1969
STCW International Convention on Standards of

Convention Training, Certification and Watchkeeping for 1984
78 Seafarers, 1978 as amended
STP Special Trade Passenger Ships Agreement, 1971

Agreement 1974
(STP 1971)
71
IMSO Convention on the International Mobile Satellite

1979
Convention Organization, as amended
76
5
INMARSAT Operating Agreement on the International Mobile

OA 76 Satellite Organization, as amended, amendments 1979
98
International Convention for the Prevention of

Pollution From Ships, 1973 as modified by the
Protocol of 1978 relating thereto (Annexes I/II)
MARPOL
73/78  Annex I - Regulations for the Prevention of 2001
(Annex I/II) Pollution by Oil
 Annex II - Regulations for the Control of
Pollution by Noxious Liquid Substances in
Bulk
MARPOL Annex III - Prevention of Pollution by Harmful

73/78 2001
Substances Carried by Sea in Packaged Form
(Annex III)
MARPOL Annex IV - Prevention of Pollution by Sewage

73/78 from Ships (entered into force 27 September 2001
(Annex IV) 2003)
MARPOL
73/78 Annex V – Prevention of Pollution by Garbage 2001
(Annex V) from Ships
London Convention on the Prevention of Marine Pollution

Convention 1975
by Dumping of Wastes and Other Matter 1972
72
London 1996 Protocol to the Convention on the Acceded / 08 June

Convention Prevention of Marine Pollution by Dumping of 2012 (entered into
Protocol 96 Wastes and Other Matter, 1972 force)
CLC Protocol Protocol of 1992 to Amend the International

Convention On Civil Liability For Oil Pollution 1998
92
Damage, 1969
Protocol of 1992 to amend the International

FUND Convention on the Establishment of an
1998
Protocol 92 International Fund for Compensation for Oil
Pollution Damage, 1971
6
SUA Information on date

Convention for the Suppression of Unlawful Acts
Convention of ratification not
Against the Safety of Maritime Navigation, 1988
88 available
Information on date
SUA Protocol Protocol for the Suppression of Unlawful Acts
Against the Safety of Fixed Platforms Located on of ratification not
88
the Continental Shelf, 1988 available
Acceded /
International Regulations for Preventing Philippines
COLREG 72 Instrument of
Collisions at Sea, 1972
Accession signed
on March 14, 2013
Acceded 6
International Convention on Oil Pollution, February 2014 /
OPRC
Preparedness, and Response Cooperation entry into force on
06 May 2014
Instruments of
Protocol of 1997 to Amend the International Accession
MARPOL Convention for the Prevention of Pollution from deposited to the
Annex VI Ships, 1973 as modified by the Protocol of 1978 IMO Secretary
Relating Thereto General on 24 April
2018
Instruments of
Accession
Protocol of 1978 Relating to the International
SOLAS deposited to the
Convention for the Safety of Life at Sea, 1974, as
PROT 1978 IMO Secretary
Amended
General on 24 April
2018
Instruments of
Accession
Load Line The Protocol of 1988 Relating to the International
deposited to the
Protocol 88 Convention on Load Lines, 1966
IMO Secretary
General on 24 April
2018
7
Instruments of
Accession
Protocol of 1988 Relating to the International
SOLAS deposited to the
Convention for the Safety of Life at Sea, 1974, as
PROT 1988 IMO Secretary
Amended
General on 06
June 2018
Instruments of
Accession
International Convention on the Control of deposited to the
AFS 2001
Harmful Anti-Fouling Systems on Ships, 2001 IMO Secretary
General on 06
June 2018
Instruments of
Accession
International Convention for the Control and
BWM deposited to the
Management of Ships’ Ballast Water and
Convention IMO Secretary
Sediments, 2004
General on 06
June 2018
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IMO Convention 48: Convention on the International

Maritime Organization
Purpose
Article 1 – discusses the purpose of the convention as follows:
(a) To provide machinery for co-operation among Governments in the field of

governmental regulation and practices relating to technical matters of all kinds affecting
shipping engaged in international trade, and to encourage the general adoption of the highest
practicable standards in matters concerning maritime safety, efficiency of navigation and
prevention and control of marine pollution from ships; and to deal with administrative and legal
matters related to the purposes set out in this Article.
(b) To encourage the removal of discriminatory action and unnecessary restrictions by

Governments affecting shipping engaged in international trade so as to promote the
availability of shipping services to the commerce of the world without discrimination;
assistance and encouragement given by a Government for the development of its national
shipping and for purposes of security does not in itself constitute discrimination, provided that
such assistance and encouragement is not based on measures designed to restrict the
freedom of shipping of all flags to take part in international trade;
(c) To provide for the consideration by the Organization of matters concerning unfair
restrictive practices by shipping concerns in accordance with Part II;
(d) To provide for the consideration by the Organization of any matters concerning shipping
that may be referred to it by any organ or specialized agency of the United Nations
(e) To provide for the exchange of information among Governments on matters under
consideration by the Organization.
Functions
Article 2 – states that IMO provides for the drafting of conventions, agreements or other
suitable instruments; provides machinery for consultation among Members and exchange of
information; facilitates technical co-operation.
Article 3 – states that for matters “capable of settlement through the normal processes of
international shipping business”, the IMO should recommend their resolution in that manner.
Membership
Articles 4-10 – give procedures for becoming a Member (or Associate Member) of IMO, by
becoming Party to the IMO Convention.
Organs
Article 11 – states the Organization consists of an Assembly, Council, Maritime Safety

Committee, Legal Committee, Marine Environment Protection Committee (MEPC),
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Technical Co-operation Committee Facilitation Committee and “such subsidiary organs as

the Organization may at any time consider necessary”; and a Secretariat.
The Assembly
Articles 12-15 – give constitution (all Members) and functions of the Assembly.
The Council
Articles 16-26 – relate to composition, election procedures and functions of the Council.
Maritime Safety Committee
Articles 27-31 – give constitution (all Members) and functions/work of the Committee.
Legal Committee
Marine Environment Protection Committee
Technical Co-operation Committee
Facilitation Committee
The Secretariat
Articles 52-57 - give functions and duties of the Secretariat.
Finances
Articles 58-61 – give financial obligations of the Member States
Voting
Article 62 – Each Member has one vote, decisions shall be by a majority vote.
Headquarters of the Organization
Article 63 – The headquarters is established in London; the Assembly may by two-thirds

majority vote change the site if necessary; sessions may be held in any place other than
Headquarters if Council deems it necessary.
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Relationship with the United Nations and other organizations
Article 64 – relate to relationships and co-operation with the United Nations,

intergovernmental organizations and non-governmental organizations.
Legal capacity, privileges and immunities
Articles 69-70 – refers to the General Convention on the Privileges and Immunities of the
Specialized Agencies of the United Nations and refers to Appendix II of the IMO Convention
which gives provisions on legal capacity, privileges and immunities which should be applied
by Members and by the Organization.
Amendments
Articles 71-73– Amendments to the IMO Convention must be adopted by two-third majority
vote of the Assembly and enter into force 12 months after acceptance by two-thirds of
Member States.
Interpretation
Articles 74-75 – questions or disputes over interpretation or application of the Convention

shall be referred to the Assembly; if they cannot be settles, they must be referred to the
International Court of justice for an advisory opinion.
Miscellaneous Provisions
Articles 76-78 – cover signature and acceptance; territories; withdrawal.
Entry into Force
Articles 79-82– entry into force provisions for the Convention.
IMO Convention 91: 1991 Amendments to the IMO

Convention
The 1991 amendments has placed the Facilitation Committee in the same level as the other
Committees. The Committee’s aim is to ’’standardize the documentary procedures involved
in international maritime trade’’ and remove the unnecessary "red tape".
IMO Convention 93: 1993 Amendments to the IMO

Convention
The 1993 amendments has set the number of Council member states up to 40, with
Groups (a) and (b) getting 10 additional members, and Group (c) acquiring 20
additional members. The amendments came to fruition following some concerns
about elections to the Council that happened during the Assembly’s 17th session,
wherein voting rounds to elect members for Group (a) were seen as ‘time-
consuming,’ since a lot of member states were vying for a slot.
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SOLAS Convention 74: International Convention for

the Safety of Life at Sea, 1974, as amended
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 current SOLAS Convention includes Articles setting out general
obligations, amendment procedure and so on, followed by an Annex divided into
14 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the issuing of
documents signifying that the ship meets the requirements of the Convention. The Chapter
also includes provisions for the control of ships in ports of other Contracting Governments.
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after
assumed damage to the ship's hull the vessel will remain afloat and stable. Requirements for
watertight integrity and bilge pumping arrangements for passenger ships are also laid down
as well as stability requirements for both passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance between two
adjacent bulkheads - varies with ship's length and the service in which it is engaged. The
highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that
services which are essential for the safety of the ship, passengers and crew are maintained
under various emergency conditions.
"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010, requiring
new ships to be designed and constructed for a specified design life and to be safe and
environmentally friendly, in intact and specified damage conditions, throughout their life.
Under the regulation, ships should have adequate strength, integrity and stability to minimize
the risk of loss of the ship or pollution to the marine environment due to structural failure,
including collapse, resulting in flooding or loss of watertight integrity.
Chapter II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for passenger
ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by
thermal and structural boundaries; separation of accommodation spaces from the remainder
of the ship by thermal and structural boundaries; restricted use of combustible materials;
detection of any fire in the zone of origin; containment and extinction of any fire in the space
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of origin; protection of the means of escape or of access for fire-fighting purposes; ready
availability of fire-extinguishing appliances; minimization of the possibility of ignition of
flammable cargo vapor.
Chapter III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements, including
requirements for life boats, rescue boats and life jackets according to type of ship. The
International Life-Saving Appliance (LSA) Code gives specific technical requirements for
LSAs and is mandatory under Regulation 34, which states that all life-saving appliances and
arrangements shall comply with the applicable requirements of the LSA Code.
Chapter IV – Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All
passenger ships and all cargo ships of 300 gross tonnage and upwards on international
voyages are required to carry equipment designed to improve the chances of rescue
following an accident, including satellite emergency position indicating radio beacons
(EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or
survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to provide

radiocommunication services as well as ship requirements for carriage of
radiocommunications equipment. The Chapter is closely linked to the Radio Regulations of
the International Telecommunication Union.
Chapter V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided by

Contracting Governments and sets forth provisions of an operational nature applicable in
general to all ships on all voyages. This is in contrast to the Convention as a whole, which
only applies to certain classes of ship engaged on international voyages.
The subjects covered include the maintenance of meteorological services for ships; the ice
patrol service; routing of ships; and the maintenance of search and rescue services.
This Chapter also includes a general obligation for masters to proceed to the assistance of
those in distress and for Contracting Governments to ensure that all ships shall be
sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic
ship identification systems (AIS).
Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to
their particular hazards to ships or persons on board, may require special precautions". The
regulations include requirements for stowage and securing of cargo or cargo units (such as
containers). The Chapter requires cargo ships carrying grain to comply with the International
Grain Code.
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Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the
classification, packing, marking, labeling and placarding, documentation and stowage of
dangerous goods. Contracting Governments are required to issue instructions at the national
level and the Chapter makes mandatory the International Maritime Dangerous Goods
(IMDG) Code, developed by IMO, which is constantly updated to accommodate new
dangerous goods and to supplement or revise existing provisions.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the documentation,
stowage and segregation requirements for these goods and requires reporting of incidents
involving such goods.
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in
bulk and requires chemical tankers to comply with the International Bulk Chemical Code
(IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas
carriers to comply with the requirements of the International Gas Carrier Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated nuclear fuel,
plutonium and high-level radioactive wastes on board ships and requires ships carrying such
products to comply with the International Code for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the relevant
provisions of the International Maritime Dangerous Goods Code (IMDG Code).
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly concerned with
radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear
Merchant Ships which was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code, which
requires a safety management system to be established by the shipowner or any person
who has assumed responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC
Code).
Chapter XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized organizations

(responsible for carrying out surveys and inspections on Administrations' behalves);
enhanced surveys; ship identification number scheme; and port State control on operational
requirements.
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Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security
Code (ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how
best to comply with the mandatory requirements. Regulation XI-2/8 confirms the role of the
Master in exercising his professional judgement over decisions necessary to maintain the
security of the ship. It says he shall not be constrained by the Company, the charterer or any
other person in this respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert system.
Regulation XI-2/6 covers requirements for port facilities, providing among other things for
Contracting Governments to ensure that port facility security assessments are carried out
and that port facility security plans are developed, implemented and reviewed in accordance
with the ISPS Code. Other regulations in this chapter cover the provision of information to
IMO, the control of ships in port, (including measures such as the delay, detention,
restriction of operations including movement within the port, or expulsion of a ship from port),
and the specific responsibility of Companies.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the
International Code for Ships Operating in Polar Waters (the Polar Code).
LOADLINE Convention 66: International Convention

on Load Lines, 1966
It has long been recognized that limitations on the draught to which a ship may be loaded
make a significant contribution to her safety. These limits are given in the form of freeboards,
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 recognized 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 IMO, provisions are made for determining
the freeboard of ships by subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different zones and
different seasons. The technical annex contains several additional safety measures
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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 Convention includes three annexes.
Annex I is divided into four Chapters:
Chapter I - General;
Chapter II - Conditions of assignment of freeboard;
Chapter III - Freeboards;
Chapter IV - Special requirements for ships assigned timber freeboards.
Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line Certificate.
Various amendments were adopted in 1971, 1975, 1979, and 1983 but they required
positive acceptance by two-thirds of Parties and never came into force.
TONNAGE 1969: International Convention on

Tonnage Measurement of Ships, 1969
The Convention, adopted by IMO in 1969, 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 recognized 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.
The rules apply to all ships built on or after 18 July 1982 - the date of entry into force - while
ships built before that date were allowed to retain their existing tonnage for 12 years after
entry into force, or until 18 July 1994.
This phase-in period was intended to ensure that ships were given reasonable economic
safeguards, since port and other dues are charged according to ship tonnage. At the same
time, and as far as possible, the Convention was drafted to ensure that gross and net
tonnages calculated under the new system did not differ too greatly from those calculated
under previous methods.
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).
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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.
STCW Convention 78: International Convention on

Standards of Training, Certification and
Watchkeeping for Seafarers, 1978 as amended
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978 was adopted on 7 July 1978 and entered into force on 28 April 1984. The
main purpose of the Convention is to promote safety of life and property at sea and the
protection of the marine environment by establishing in common agreement international
standards of training, certification and watchkeeping for seafarers.
Amendment Procedure
Amendments to the 1978 STCW Convention's technical Annex may be adopted by a

Conference of STCW Parties or by IMO's Maritime Safety Committee, expanded to include all
Contracting Parties, some of whom may not be members of the Organization.
Amendments to the STCW Annex will normally enter into force one and a half years after
being communicated to all Parties unless, in the meantime, they are rejected by one-third of
the Parties or by Parties whose combined fleets represent 50 per cent of world tonnage.
The STCW Convention & Code 2010 Manila Amendments
The Manila amendments to the STCW Convention and Code were adopted on 25 June 2010,
marking a major revision of the STCW Convention and Code. The 2010 amendments are set
to enter into force on 1 January 2012 under the tacit acceptance procedure and are aimed at
bringing the Convention and Code up to date with developments since they were initially
adopted and to enable them to address issues that are anticipated to emerge in the
foreseeable future.
Amongst the amendments adopted, there are a number of important changes to each chapter
of the Convention and Code, including:
 Improved measures to prevent fraudulent practices associated with certificates of

competency and strengthen the evaluation process (monitoring of Parties' compliance
with the Convention);
 Revised requirements on hours of work and rest and new requirements for the
prevention of drug and alcohol abuse, as well as updated standards relating to medical
fitness standards for seafarers;
 New certification requirements for able seafarers;
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 New requirements relating to training in modern technology such as electronic charts

and information systems (ECDIS);
 New requirements for marine environment awareness training and training in

leadership and teamwork;
 New training and certification requirements for electro-technical officers;
 Updating of competence requirements for personnel serving on board all types of

tankers, including new requirements for personnel serving on liquefied gas tankers;
 New requirements for security training, as well as provisions to ensure that seafarers
are properly trained to cope if their ship comes under attack by pirates;
 Introduction of modern training methodology including distance learning and web-

based learning;
 New training guidance for personnel serving on board ships operating in polar waters;
and
 New training guidance for personnel operating Dynamic Positioning Systems
STP Agreement 71: Special Trade Passenger Ships

Agreement, 1971 (STP 1971)
The carriage of large numbers of unberthed passengers in special trades such as the pilgrim
trade in a restricted sea area around the Indian Ocean is of particular interest to countries in
that area. It was regulated by the Simla Rules of 1931, which became outdated following the
adoption of the 1948 and 1960 SOLAS Conventions.
As a result, IMO convened an International Conference in 1971 to consider safety

requirements for special trade passenger ships in relation to the 1960 SOLAS Convention.
Included in an Annex to the Agreement are Special Trade Passenger Ships Rules, 1971,
which provide modifications to the regulations of Chapters II and III of the 1960 SOLAS
Convention.
IMSO Convention 76: Convention on the

International Mobile Satellite Organization, as
amended
The Convention on the International Maritime Satellite Organization was adopted by IMO in
1976 to establish and oversee satellite communications for shipping.
Under the treaty, the International Mobile Satellite Organization (IMSO) has been
established as the inter-governmental body that oversees the provision of certain satellite-
based maritime distress communication services, specifically those used in the Global
Maritime Distress and Safety System (GMDSS).
18
IMO is currently reviewing the GMDSS, to modernize it and bring it up to date.
International Mobile Satellite Organization (IMSO)
IMSO is headquartered in London and has more than 100 Member States.
As well as overseeing satellite communications under the GMDSS, IMSO has also been
appointed by IMO to audit and review the performance of the international system for the
Long Range Identification and Tracking of Ships (LRIT).
Recognition of providers of mobile satellite communications systems in the GMDSS
IMO has adopted Criteria for the Provision of Mobile Satellite Communication Systems in the
GMDSS (Resolution A.1001(25)).
This sets out the criteria and process for evaluating mobile satellite communication systems
that might have the potential to offer maritime distress and safety communications within the
GMDSS.
Recognition of a mobile satellite communication system for use in the GMDSS would be
given by IMO’s Maritime Safety Committee (MSC).
Iridium
IMSO has completed a report on the technical and operational assessment of the application
by the United States to recognize and use the Iridium mobile satellite system in the GMDSS.
The application is currently being considered by the Sub-Committee on Navigation,

Communication, Search and Rescue (NCSR), which reports to the MSC.
INMARSAT OA 76: Operating Agreement on the

International Mobile Satellite Organization, as
amended, amendments 98
Currently, only INMARSAT has been approved to provide satellite communication systems
for use in the GMDSS.
Soon after the launch of the world's first telecommunications satellite, Telstar, in 1962, IMO
recognized the potential for satellite communications to assist in distress situations at sea
and initiated a study of the operational requirements for a satellite communications system
devoted to maritime purposes.
In 1973, IMO decided to convene a conference to establish a new maritime communications

system based on satellite technology. This conference first met in 1975 and held three
sessions, at the third of which, in 1976, the Convention on the International Maritime
Satellite Organization (then called Inmarsat) was adopted, together with an Operating
Agreement.
The Convention defined the purposes of the International Maritime Satellite Organization as
being to improve maritime communications, thereby assisting in improving distress and
19
safety of life at sea communications, the efficiency and management of ships, maritime
public correspondence services, and radio determination capabilities.
The Operating Agreement set an initial capital ceiling for the Organization. Investment
shares were determined, proportionate to utilization of the INMARSAT space segment.
INMARSAT, headquartered in London, began operations in 1982.
INMARSAT's obligation to provide maritime distress and safety services via satellite were
enshrined within the 1988 amendments to SOLAS which introduced the GMDSS. Ships
sailing in specified sea areas were required to carry INMARSAT communications equipment
for distress and safety calls and to receive navigational warnings.
In 1994, the name of the Organization was changed to the International Mobile Satellite
Organization, then abbreviated to INMARSAT. This reflected the extension of its services
from the maritime sector to other modes of transport.
In 1998, INMARSAT member Governments agreed to privatize INMARSAT, from April 1999.
The new structure comprised two entities:
• INMARSAT Ltd - a public limited company which forms the commercial arm of INMARSAT.
The company has taken on all the commercial activities of INMARSAT and is regulated by
British law. It was completely privatized by the end of 2003.
• International Mobile Satellite Organization (IMSO) - the intergovernmental body established

to provide oversight of certain public satellite safety and security communication services
provided by mobile satellite communication systems. IMSO is an observer at IMO meetings.
MARPOL 73/78: International Convention for the

Prevention of Pollution from Ships, 1973 as
modified by the Protocol of 1978 relating thereto
(Annexes I/II)
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the
main international convention covering prevention of pollution of the marine environment by
ships from operational or accidental causes.
The MARPOL Convention was adopted on 2 November 1973 at IMO. The Protocol of 1978
was adopted in response to a spate of tanker accidents in 1976-1977. As the 1973 MARPOL
Convention had not yet entered into force, the 1978 MARPOL Protocol absorbed the parent
Convention. The combined instrument entered into force on 2 October 1983. In 1997, a
Protocol was adopted to amend the Convention and a new Annex VI was added which
entered into force on 19 May 2005. MARPOL has been updated by amendments through
the years.
The Convention includes regulations aimed at preventing and minimizing pollution from
ships - both accidental pollution and that from routine operations - and currently includes six
technical Annexes. Special Areas with strict controls on operational discharges are included
in most Annexes.
20
Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October
1983)
Covers prevention of pollution by oil from operational measures as well as from accidental
discharges; the 1992 amendments to Annex I made it mandatory for new oil tankers to have
double hulls and brought in a phase-in schedule for existing tankers to fit double hulls, which
was subsequently revised in 2001 and 2003.
Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in

Bulk (entered into force 2 October 1983)
Details the discharge criteria and measures for the control of pollution by noxious liquid
substances carried in bulk; some 250 substances were evaluated and included in the list
appended to the Convention; the discharge of their residues is allowed only to reception
facilities until certain concentrations and conditions (which vary with the category of
substances) are complied with.
In any case, no discharge of residues containing noxious substances is permitted within 12

miles of the nearest land.
MARPOL 73/78 (Annex III) – Prevention of Pollution

by Harmful Substances Carried by Sea in Packaged
Form
The annex contains general requirements for the issuing of detailed standards on packing,
marking, labeling, documentation, stowage, quantity limitations, exceptions and notifications.
For the purpose of this Annex, “harmful substances” are those substances which are
identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG
Code) or which meet the criteria in the Appendix of Annex III.
MARPOL 73/78 (Annex IV) – Prevention of Pollution

by Sewage from Ships (entered into force 27
September 2003)
Contains requirements to control pollution of the sea by sewage; the discharge of sewage
into the sea is prohibited, except when the ship has in operation an approved sewage
treatment plant or when the ship is discharging comminuted and disinfected sewage using
an approved system at a distance of more than three nautical miles from the nearest land;
sewage which is not comminuted or disinfected has to be discharged at a distance of more
than 12 nautical miles from the nearest land.
MARPOL 73/78 (Annex V) 109

This annex deals with different types of garbage and specifies the distances from land and
the manner in which they may be disposed of; the most important feature of the Annex is the
complete ban imposed on the disposal into the sea of all forms of plastics.
21
London Convention 72: Convention on the

Prevention of Marine Pollution by Dumping Wastes
and Other Matter 1972
The "Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter 1972", the "London Convention" for short, is one of the first global conventions to
protect the marine environment from human activities and has been in force since 1975. Its
objective is to promote the effective control of all sources of marine pollution and to take all
practicable steps to prevent pollution of the sea by dumping of wastes and other matter.
Currently, 87 States are Parties to this Convention.
What are the purpose and objectives of the London Convention and Protocol?
The objective of the London Convention and Protocol is to promote the effective control of all
sources of marine pollution. Contracting Parties shall take effective measures to prevent
pollution of the marine environment caused by dumping at sea (see articles I and II of the
Convention and article 2 of the Protocol).
The purpose of the London Convention is to control all sources of marine pollution and
prevent pollution of the sea through regulation of dumping into the sea of waste materials. A
so-called "black- and grey-list" approach is applied for wastes, which can be considered for
disposal at sea according to the hazard they present to the environment. For the blacklist
items dumping is prohibited. Dumping of the grey-listed materials requires a special permit
from a designated national authority under strict control and provided certain conditions are
met. All other materials or substances can be dumped after a general permit has been
issued.
The purpose of the Protocol is similar to that of the Convention, but the Protocol is more
restrictive: application of a "precautionary approach" is included as a general obligation; a
"reverse list" approach is adopted, which implies that all dumping is prohibited unless
explicitly permitted; incineration of wastes at sea is prohibited; export of wastes for the
purpose of dumping or incineration at sea is prohibited. Extended compliance procedures
and technical assistance provisions have been included, while a so-called transitional period
allows new Contracting Parties to phase in compliance with the Protocol over a period of five
years, provided certain conditions are met.
London Convention Protocol 96: 1996 Protocol to

the Convention on the Prevention of Marine
Pollution by Dumping Wastes and Other Matter,
1972
In 1996, the "London Protocol" was agreed to further modernize the Convention and,
eventually, replace it. Under the Protocol all dumping is prohibited, except for possibly
acceptable wastes on the so-called "reverse list". The Protocol entered into force on 24
March 2006 and there are currently 51 Parties to the Protocol.
22
CLC Protocol 92: Protocol of 1992 to Amend the

International Convention on Civil Liability for Oil
The Civil Liability Convention was adopted to ensure that adequate compensation is
available to persons who suffer oil pollution damage resulting from maritime casualties
involving oil-carrying ships.
The Convention places the liability for such damage on the owner of the ship from which the
polluting oil escaped or was discharged.
Subject to a number of specific exceptions, this liability is strict; it is the duty of the owner to
prove in each case that any of the exceptions should in fact operate. However, except
where the owner has been guilty of actual fault, they may limit liability in respect of any one
incident.
The Convention requires ships covered by it to maintain insurance or other financial security
in sums equivalent to the owner's total liability for one incident.
The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only
ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil
pollution damage.
This does not apply to warships or other vessels owned or operated by a State and used for
the time being for Government non-commercial service. The Convention, however, applies
in respect of the liability and jurisdiction provisions, to ships owned by a State and used for
commercial purposes.
The only exception as regards such ships is that they are not required to carry
insurance. Instead they must carry a certificate issued by the appropriate authority of the
State of their registry stating that the ship's liability under the Convention is covered.
The Convention covers pollution damage resulting from spills of persistent oils suffered in
the territory (including the territorial sea) of a State Party to the Convention. It is applicable to
ships which actually carry oil in bulk as cargo, i.e. generally laden tankers. Spills from
tankers in ballast or bunker spills from ships other than other than tankers are not covered,
nor is it possible to recover costs when preventive measures are so successful that no
actual spill occurs. The ship owner cannot limit liability if the incident occurred as a result of
the owner's personal fault.
The Protocol of 1976, which entered into force in 1981, provided for the applicable unit of
account used under the convention to be based on the Special Drawing Rights (SDR) as
used by the International Monetary Fund (IMF), replacing the "Poincaré franc", based on the
"official" value of gold, as the applicable unit of account.
The Protocol of 1984 set increased limits of liability but was superseded by the 1992
Protocol.
The Protocol of 1992 changed the entry into force requirements by reducing from six to four
the number of large tanker-owning countries that were needed for entry into force.
23
The compensation limits were set as follows:
 For a ship not exceeding 5,000 gross tonnage, liability is limited to 3 million SDR
 For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million SDR plus
420 SDR for each additional unit of tonnage
 For a ship over 140,000 gross tonnage: liability is limited to 59.7 million SDR.
The 1992 protocol also widened the scope of the Convention to cover pollution damage
caused in the exclusive economic zone (EEZ) or equivalent area of a State Party. The
Protocol covers pollution damage as before but environmental damage compensation is
limited to costs incurred for reasonable measures to reinstate the contaminated
environment. It also allows expenses incurred for preventive measures to be recovered even
when no spill of oil occurs, provided there was grave and imminent threat of pollution
damage.
The Protocol also extended the Convention to cover spills from sea-going vessels
constructed or adapted to carry oil in bulk as cargo so that it applies apply to both laden and
unladen tankers, including spills of bunker oil from such ships.
Under the 1992 Protocol, a shipowner cannot limit liability if it is proved that the pollution
damage resulted from the shipowner's personal act or omission, committed with the intent to
cause such damage, or recklessly and with knowledge that such damage would probably
result.
From 16 May 1998, Parties to the 1992 Protocol ceased to be Parties to the 1969 CLC due
to a mechanism for compulsory denunciation of the "old" regime established in the 1992
Protocol. However, there are a number of States which are Party to the 1969 CLC and have
not yet ratified the 1992 regime - which is intended to eventually replace the 1969 CLC.
The 1992 Protocol allows for States Party to the 1992 Protocol to issue certificates to ships
registered in States which are not Party to the 1992 Protocol, so that a shipowner can obtain
certificates to both the 1969 and 1992 CLC, even when the ship is registered in a country
which has not yet ratified the 1992 Protocol. This is important because a ship which has only
a 1969 CLC may find it difficult to trade to a country which has ratified the 1992 Protocol,
since it establishes higher limits of liability.
FUND Protocol 92: Protocol of 1992 to amend the

International Convention on the Establishment of an
International Fund for Compensation for Oil
Although the 1969 Civil Liability Convention provided a useful mechanism for ensuring the
payment of compensation for oil pollution damage, it did not deal satisfactorily with all the
legal, financial and other questions raised during the Conference adopting the CLC
Convention. The 1969 Brussels Conference considered a compromise proposal to establish
an international fund, to be subscribed to by the cargo interests, which would be available for
the dual purpose of, on the one hand, relieving the shipowner of the burden by the
requirements of the new convention and, on the other hand, providing additional
compensation to the victims of pollution damage in cases where compensation under the
1969 Civil Liability Convention was either inadequate or unobtainable.
24
The Conference recommended that IMO should prepare such a scheme and the
International Convention on the Establishment of an International Fund for Compensation for
Oil Pollution Damage was adopted at a Conference held in Brussels in 1971. It is
supplementary to the Civil Liability Convention.
The purposes of the Fund Convention are:
 To provide compensation for pollution damage to the extent that the protection
afforded by the 1969 Civil Liability Convention is inadequate.
 To give relief to shipowners in respect of the additional financial burden imposed on
them by the 1969 Civil Liability Convention, such relief being subject to conditions
designed to ensure compliance with safety at sea and other conventions.
 To give effect to the related purposes set out in the Convention.
Under the first of its purposes, the Fund is under an obligation to pay compensation to
States and persons who suffer pollution damage, if such persons are unable to obtain
compensation from the owner of the ship from which the oil escaped or if the compensation
due from such owner is not sufficient to cover the damage suffered.
Under the Fund Convention, victims of oil pollution damage may be compensated beyond
the level of the shipowner's liability. However, the Fund's obligations are limited. Where,
however, there is no shipowner liable or the shipowner liable is unable to meet their liability,
the Fund will be required to pay the whole amount of compensation due. Under certain
circumstances, the Fund's maximum liability may increase.
With the exception of a few cases, the Fund is obliged to pay compensation to the victims of
oil pollution damage who are unable to obtain adequate or any compensation from the
shipowner or his guarantor under the CLC Convention.
The Fund's obligation to pay compensation is confined to pollution damage suffered in the
territories including the territorial sea of Contracting States. The Fund is also obliged to pay
compensation in respect of measures taken by a Contracting State outside its territory.
The Fund can also provide assistance to Contracting States which are threatened or
affected by pollution and wish to take measures against it. This may take the form of
personnel, material, credit facilities or other aid.
In connection with its second main function, the Fund is obliged to indemnify the shipowner
or his insurer for a portion of the shipowner's liability under the Liability Convention.
The Fund is not obliged to indemnify the owner if damage is caused by his willful misconduct
or if the accident was caused, even partially, because the ship did not comply with certain
international conventions.
The Convention contains provisions on the procedure for claims, rights and obligations, and
jurisdiction.
Contributions to the Fund should be made by all persons who receive oil by sea in
Contracting States.
Protocols to the 1971 convention were adopted in 1976 and 1984, but were superseded by
the 1992 Protocol.
25
The 1971 convention ceased to be in force from 24 May 2002.
As was the case with the 1992 Protocol to the CLC Convention, the main purpose of the
Protocol was to modify the entry into force requirements and increase compensation
amounts. The scope of coverage was extended in line with the 1992 CLC Protocol.
The 1992 Protocol established a separate, 1992 International Oil Pollution Compensation
(IOPC) Fund, known as the 1992 Fund, which is managed in London by a Secretariat.
Under the 1992 Protocol, the maximum amount of compensation payable from the Fund for
a single incident, including the limit established under the 1992 CLC Protocol, is 135 million
SDR.
However, if three States contributing to the Fund receive more than 600 million tonnes of oil
per annum, the maximum amount is raised to 200 million SDR.
SUA Convention 88: Convention for the

Suppression of Unlawful Acts Against the Safety of
Maritime Navigation, 1988
Concern about unlawful acts which threaten the safety of ships and the security of their
passengers and crews grew during the 1980s, with reports of crews being kidnapped, ships
being hi-jacked, deliberately run aground or blown up by explosives. Passengers were
threatened and sometimes killed.
In November 1985 the problem was considered by IMO's 14th Assembly and a proposal by
the United States that measures to prevent such unlawful acts should be developed by IMO
was supported.
The Assembly adopted resolution A.584(14) Measures to prevent unlawful acts which
threaten the safety of ships and the security of their passengers and crew, then in 1986 the
Maritime Safety Committee (MSC) issued a Circular (MSC/Circ.443) on Measures to prevent
unlawful acts against passengers and crews on board ships.
In November 1986 the Governments of Austria, Egypt and Italy proposed that IMO prepare a
convention on the subject of unlawful acts against the safety of maritime navigation 'to
provide for a comprehensive suppression of unlawful acts committed against the safety of
maritime navigation which endanger innocent human lives, jeopardize the safety of persons
and property, seriously affect the operation of maritime services and thus are of grave
concern to the international community as a whole."
In March 1988 a conference in Rome adopted the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation. The main purpose of the
Convention is to ensure that appropriate action is taken against persons committing unlawful
acts against ships. These include the seizure of ships by force; acts of violence against
persons on board ships; and the placing of devices on board a ship which are likely to
destroy or damage it.
The Convention obliges Contracting Governments either to extradite or prosecute alleged

offenders.
26
Important amendments to the 1988 Convention and its related Protocol, were adopted by
the Diplomatic Conference on the Revision of the SUA Treaties held from 10 to 14 October
2005. The amendments were adopted in the form of Protocols to the SUA treaties (the 2005
Protocols).
SUA Protocol 88: Protocol for the Suppression of

Unlawful Acts against the Safety of Fixed Platforms
Located on the Continental Shelf, 1988
The Protocol was concluded at the same time as the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and like it is
based on the Convention for the Suppression of Unlawful Seizure of Aircraft.
The Protocol criminalizes the following behavior:
1. Seizing control of a fixed platform by force or threat of force;

2. committing an act of violence against a person on a fixed platform if it is likely to
endanger the safety of the platform;
3. destroying a fixed platform or damaging it in such a way that endangers its safety;
4. placing or causing to be placed on a fixed platform a device or substance which is
likely to destroy or cause damage to the ship or its cargo;
5. injuring or killing anyone while committing 1–4;
6. attempting any of 1–5;
7. being an accomplice to any of 1–6; and
8. compelling another through threats to commit any of 1–7.
The Protocol sets out the principle of aut dedere aut judicare—that a state party to the treaty
must either (1) prosecute a person who commits one of the offences or (2) send the
individual to another state that requests his or her extradition for prosecution of the same
crime.
COLREG 72: International Regulations for

Preventing Collisions at Sea, 1972
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.
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.
The first such traffic separation scheme was established in the Dover Strait in 1967. It was
operated on a voluntary basis at first but in 1971 the IMO Assembly adopted a resolution
stating that that observance of all traffic separation schemes be made mandatory - and the
COLREGs make this obligation clear.
27
Technical provisions
The COLREGs include 41 rules divided into six sections: Part A - General; Part B - Steering
and Sailing; Part C - Lights and Shapes; Part D - Sound and Light signals; Part E -
Exemptions; and Part F - Verification of compliance with the provisions of the Convention.
There are also four Annexes containing technical requirements concerning lights and
shapes and their positioning; sound signaling appliances; additional signals for fishing
vessels when operating in close proximity, and international distress signals.
Part A - General (Rules 1-3)
Rule 1 states that the rules apply to all vessels upon the high seas and all waters connected
to the high seas and navigable by seagoing vessels.
Rule 2 covers the responsibility of the master, owner and crew to comply with the rules.
Rule 3 includes definitions.
Part B - Steering and Sailing (Rules 4-19)
Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)
Rule 4 says the section applies in any condition of visibility.
Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight and
hearing as well as by all available means appropriate in the prevailing circumstances and
conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at a
safe speed...". The Rule describes the factors which should be taken into account in
determining safe speed. Several of these refer specifically to vessels equipped with radar.
The importance of using "all available means" is further stressed in
Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the
basis of scanty information, especially scanty radar information"
Rule 8 covers action to be taken to avoid collision.
In Rule 9 a vessel proceeding along the course of a narrow channel or fairway is obliged to
keep "as near to the outer limit of the channel or fairway which lies on her starboard side as
is safe and practicable." The same Rule obliges a vessel of less than 20 meters in length or
a sailing vessel not to impede the passage of a vessel "which can safely navigate only within
a narrow channel or fairway."
The Rule also forbids ships to cross a narrow channel or fairway "if such crossing impedes
the passage of a vessel which can safely navigate only within such channel or fairway." The
meaning "not to impede" was classified by an amendment to Rule 8 in 1987. A new
paragraph (f) was added, stressing that a vessel which was required not to impede the
passage of another vessel should take early action to allow sufficient sea room for the safe
passage of the other vessel. Such vessel was obliged to fulfill this obligation also when
taking avoiding action in accordance with the steering and sailing rules when risk of collision
exists.
28
Rule 10 of the Collision Regulations deals with the behavior of vessels in or near traffic
separation schemes adopted by the Organization. By regulation 8 of Chapter V (Safety of
Navigation) of SOLAS, IMO is recognized as being the only organization competent to deal
with international measures concerning the routing of ships.
The effectiveness of traffic separation schemes can be judged from a study made by the
International Association of Institutes of Navigation (IAIN) in 1981. This showed that
between 1956 and 1960 there were 60 collisions in the Strait of Dover; twenty years later,
following the introduction of traffic separation schemes, this total was cut to only 16.
In other areas where such schemes did not exist the number of collisions rose sharply. New
traffic separation schemes are introduced regularly and existing ones are amended when
necessary to respond to changed traffic conditions. To enable this to be done as quickly as
possible the MSC has been authorized to adopt and amend traffic separation schemes on
behalf of the Organization.
Rule 10 states that ships crossing traffic lanes are required to do so "as nearly as practicable
at right angles to the general direction of traffic flow." This reduces confusion to other ships
as to the crossing vessel's intentions and course and at the same time enables that vessel to
cross the lane as quickly as possible.
Fishing vessels "shall not impede the passage of any vessel following a traffic lane" but are
not banned from fishing. This is in line with Rule 9 which states that "a vessel engaged in
fishing shall not impede the passage of any other vessel navigating within a narrow channel
or fairway."In 1981 the regulations were amended.
Two new paragraphs were added to Rule 10 to exempt vessels which are restricted in their
ability to maneuver "when engaged in an operation for the safety of navigation in a traffic
separation scheme" or when engaged in cable laying.
In 1987 the regulations were again amended. It was stressed that Rule 10 applies to traffic
separation schemes adopted by the Organization (IMO) and does not relieve any vessel of
her obligation under any other rule. It was also to clarify that if a vessel is obliged to cross
traffic lanes it should do so as nearly as practicable at right angles to the general direction of
the traffic flow. In 1989 Regulation 10 was further amended to clarify the vessels which may
use the "inshore traffic zone."
Section II - Conduct of vessels in sight of one another (Rules 11-18)
Rule 11 says the section applies to vessels in sight of one another.
Rule 12 states action to be taken when two sailing vessels are approaching one another.
Rule 13 covers overtaking - the overtaking vessel should keep out of the way of the vessel
being overtaken.
Rule 14 deals with head-on situations. Crossing situations are covered by Rule 15 and
action to be taken by the give-way vessel is laid down in Rule 16.
Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-
on vessel may "take action to avoid collision by her maneuver alone as soon as it becomes
apparent to her that the vessel required to keep out of the way is not taking appropriate
action.
29
Rule 18 deals with responsibilities between vessels and includes requirements for vessels
which shall keep out of the way of others.
Section III - conduct of vessels in restricted visibility (Rule 19)
Rule 19 states every vessel should proceed at a safe speed adapted to prevailing
circumstances and restricted visibility. A vessel detecting by radar another vessel should
determine if there is risk of collision and if so take avoiding action. A vessel hearing fog
signal of another vessel should reduce speed to a minimum.
Part C Lights and Shapes (Rules 20-31)
Rule 20 states rules concerning lights apply from sunset to sunrise. Rule 21 gives
definitions.
Rule 22 covers visibility of lights - indicating that lights should be visible at minimum ranges
(in nautical miles) determined according to the type of vessel.
Rule 23 covers lights to be carried by power-driven vessels underway.
Rule 24 covers lights for vessels towing and pushing.
Rule 25 covers light requirements for sailing vessels underway and vessels under oars.
Rule 26 covers light requirements for fishing vessels.
Rule 27 covers light requirements for vessels not under command or restricted in their ability
to maneuver.
Rule 28 covers light requirements for vessels constrained by their draught.
Rule 29 covers light requirements for pilot vessels.
Rule 30 covers light requirements for vessels anchored and aground.Rule 31 covers light
requirements for seaplanes
Part D - Sound and Light Signals (Rules 32-37)
Rule 32 gives definitions of whistle, short blast, and prolonged blast.
Rule 33 says vessels 12 meters or more in length should carry a whistle and a bell and
vessels 100 meters or more in length should carry in addition a gong.
Rule 34 covers maneuvering and warning signals, using whistle or lights.
Rule 35 covers sound signals to be used in restricted visibility.
Rule 36 covers signals to be used to attract attention.
Rule 37 covers distress signals.
30
Part E - Exemptions (Rule 38)
Rule 38 says ships which comply with the 1960 Collision Regulations and were built or
already under construction when the 1972 Collision Regulations entered into force may be
exempted from some requirements for light and sound signals for specified periods.
Part F - Verification of compliance with the provisions of the Convention
The Rules, adopted in 2013, bring in the requirements for compulsory audit of Parties to the
Convention.
Rule 39 provides definitions.
Rule 40 says that Contracting Parties shall use the provisions of the Code for
Implementation in the execution of their obligations and responsibilities contained in the
present Convention.
Rule 41 on Verification of compliance says that every Contracting Party is subject to periodic
audits by IMO.
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.
OPRC: International Convention on Oil Pollution,

Preparedness, and Response Cooperation
In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop
further measures to prevent pollution from ships. This call was endorsed by the IMO
Assembly in November of the same year and work began on a draft convention aimed at
providing a global framework for international co-operation in combating major incidents or
threats of marine pollution.
Parties to the International Convention on Oil Pollution Preparedness, Response and Co-
operation (OPRC) are required to establish measures for dealing with pollution incidents,
either nationally or in co-operation with other countries.
Ships are required to carry a shipboard oil pollution emergency plan. Operators of offshore
units under the jurisdiction of Parties are also required to have oil pollution emergency plans
or similar arrangements which must be coordinated with national systems for responding
promptly and effectively to oil pollution incidents.
31
Ships are required to report incidents of pollution to coastal authorities and the convention
details the actions that are then to be taken. The Convention calls for the establishment of
stockpiles of oil spill combating equipment, the holding of oil spill combating exercises and
the development of detailed plans for dealing with pollution incidents.
Parties to the convention are required to provide assistance to others in the event of a
pollution emergency and provision is made for the reimbursement of any assistance
provided.
The Convention provides for IMO to play an important coordinating role.
A Protocol to the OPRC relating to hazardous and noxious substances (OPRC-HNS

Protocol) was adopted in 2000.
MARPOL Annex VI: Protocol of 1997 to amend the

International Convention for the Prevention of
Pollution from Ships, 1973 as modified by the
Protocol of 1978 relating Thereto
The main changes to MARPOL Annex VI are a progressive reduction globally in emissions of
SOx, NOx and particulate matter and the introduction of emission control areas (ECAs) to
reduce emissions of those air pollutants further in designated sea areas.
Under the revised MARPOL Annex VI, the global sulphur limit will be reduced from
current 3.50% to 0.50%, effective from 1 January 2020, subject to a feasibility review to be
completed no later than 2018.
MEPC 70 (October 2016) considered an assessment of fuel oil availability to inform the
decision to be taken by the Parties to MARPOL Annex VI, and decided that the fuel oil
standard (0.50% sulphur limit) shall become effective on 1 January 2020.
The limits applicable in ECAs for SOx and particulate matter were reduced to 0.10%, from 1
January 2015.
Progressive reductions in NOx emissions from marine diesel engines installed on ships are
also included, with a "Tier II" emission limit for engines installed on a ship constructed on or
after 1 January 2011; and a more stringent "Tier III" emission limit for engines installed on a
ship constructed on or after 1 January 2016 operating in ECAs (North American Emission
Control Area and the U.S. Caribbean Sea Emission Control Area). Marine diesel engines
installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000 are
required to comply with "Tier I" emission limits, if an approved method for that engine has
been certified by an Administration.
The revised NOx Technical Code 2008 includes a new chapter based on the agreed approach
for regulation of existing (pre-2000) engines established in MARPOL Annex VI, provisions for
a direct measurement and monitoring method, a certification procedure for existing engines
and test cycles to be applied to Tier II and Tier III engines.
MEPC 66 (April 2014) adopted amendments to regulation 13 of MARPOL Annex VI regarding

the effective date of NOx Tier III standards.
32
The amendments provide for the Tier III NOx standards to be applied to a marine diesel engine
that is installed on a ship constructed on or after 1 January 2016 and which operates in the
North American Emission Control Area or the U.S. Caribbean Sea Emission Control Area that
are designated for the control of NOx emissions.
In addition, the Tier III requirements would apply to installed marine diesel engines when
operated in other emission control areas which might be designated in the future for Tier III
NOx control. Tier III would apply to ships constructed on or after the date of adoption by the
Marine Environment Protection Committee of such an emission control area, or a later date
as may be specified in the amendment designating the NOx Tier III emission control area.
Further, the Tier III requirements do not apply to a marine diesel engine installed on a ship
constructed prior to 1 January 2021 of less than 500 gross tonnage, of 24 m or over in length,
which has been specifically designed and is used solely, for recreational purposes.
Revisions to the regulations for ozone-depleting substances, volatile organic compounds,
shipboard incineration, reception facilities and fuel oil quality were also made with regulations
on fuel oil availability added.
The revised measures are expected to have a significant beneficial impact on the atmospheric
environment and on human health, particularly for those people living in port cities and coastal
communities.
SOLAS PROT 1978: Protocol of 1978 Relating to the

International Convention for the Safety of Life at
Sea, 1974, as Amended
The 1978 SOLAS Protocol was adopted at the International Conference on Tanker Safety and
Pollution Prevention, which was convened in response to a spate of tanker accidents in 1976-
1977. The Protocol made a number of important changes to Chapter I, including the
introduction of unscheduled inspections and/or mandatory annual surveys and the
strengthening of port State control requirements. Chapter II-1, Chapter II-2 and Chapter V
were also improved by further enhancing safety measures, including the required
implementation of inert gas systems and extra precautionary measures relating to the steering
and radar systems.
The Protocol raises the safety standards set in the parent SOLAS Convention in a reaction to
accidents that occurred previously. The reoccurrence of similar events should now be
avoidable through compliance with the current amendments.
The International Conference on Tanker Safety adopted measures affecting tanker design
and operation, which were incorporated into both the SOLAS Protocol of 1978 as well as the
Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution
from Ships (1978 MARPOL Protocol). In December 2007, 111 states had ratified the Protocol,
the combined merchant fleets of which constitute approximately 96% of the gross tonnage of
the world’s merchant fleet.
33
Load Line Protocol 88: The Protocol of 1988

Relating to the International Convention on Load
Lines, 1966
Adopted in November 1988, The 1988 Protocol entered into force on 3 February 2000. As well
as harmonizing the Convention's survey and certification requirement 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. Usually, the date from adoption
to deemed acceptance is two years.
SOLAS PROT 1988: Protocol of 1988 Relating to the

International Convention for the Safety of Life at
Sea, 1974, as Amended
The Protocol introduced a new harmonized system of surveys and certification (HSSC) to
correspond with two other Conventions, Load Lines and MARPOL 73/78. The aim is to
alleviate problems caused by the fact that as requirements in the three instruments vary, ships
may be obliged to go into dry-dock for a survey required by one convention shortly after being
surveyed in connection with another.
By enabling the required surveys to be carried out at the same time, the system is intended to
reduce costs for ship owners and administrations alike.
AFS 2001: International Convention on the Control

of Harmful Anti-Fouling Systems on Ships, 2001
The Convention prohibits the use of harmful organotins in anti-fouling paints used on ships
and establishes a mechanism to prevent the potential future use of other harmful substances
in anti-fouling systems.
Anti-fouling paints are used to coat the bottoms of ships to prevent sealife such as algae and
molluscs attaching themselves to the hull – thereby slowing down the ship and increasing
fuel consumption.
In the early days of sailing ships, lime and later arsenic were used to coat ships' hulls, until
the modern chemicals industry developed effective anti-fouling paints using metallic
compounds. These compounds slowly "leach" into the sea water, killing barnacles and other
marine life that have attached to the ship. But studies have shown that these compounds
persist in the water, killing sea-life, harming the environment and possibly entering the food
chain. One of the most effective anti-fouling paints, developed in the 1960s, contains the
organotin tributyltin (TBT), which has been proven to cause deformations in oysters and sex
changes in whelks.
Under the terms of the AFS Convention, Parties to the Convention are required to prohibit
and/or restrict the use of harmful anti-fouling systems on ships flying their flag, as well as
34
ships not entitled to fly their flag but which operate under their authority and all ships that
enter a port, shipyard or offshore terminal of a Party.
Anti-fouling systems to be prohibited or controlled are listed in an annex to the Convention,

which will be updated as and when necessary. The Convention includes a clause which
states that a ship shall be entitled to compensation if it is unduly detained or delayed while
undergoing inspection for possible violations of the Convention.
Annex I states that all ships shall not apply or re-apply organotins compounds which act as
biocides in anti-fouling systems. This applies to all ships (including fixed and floating
platforms, floating storage units (FSUs), and Floating Production Storage and Offtake units
(FPSOs).
The Convention provides for the establishment of a “technical group”, to include people with
relevant expertise, to review proposals for other substances used in anti-fouling systems to
be prohibited or restricted. Article 6 on Process for Proposing Amendments to controls on
Anti-fouling systems sets out how the evaluation of an anti-fouling system should be carried
out.
BWM Convention: International Convention for the

Control and Management of Ships’ Ballast Water
and Sediments, 2004
Since the introduction of steel-hulled vessels, water has been used as ballast to stabilize
vessels at sea. Ballast water is pumped in to maintain safe operating conditions throughout
a voyage. This practice reduces stress on the hull, provides transverse stability, improves
propulsion and maneuverability, and compensates for weight changes in various cargo load
levels and due to fuel and water consumption.
While ballast water is essential for safe and efficient modern shipping operations, it may
pose serious ecological, economic and health problems due to the multitude of marine
species carried in ships’ ballast water. These include bacteria, microbes, small invertebrates,
eggs, cysts and larvae of various species. The transferred species may survive to establish
a reproductive population in the host environment, becoming invasive, out-competing native
species and multiplying into pest proportions.
Scientists first recognized the signs of an alien species introduction after a mass occurrence
of the Asian phytoplankton algae Odontella (Biddulphia sinensis) in the North Sea in 1903.
But it was not until the 1970s that the scientific community began reviewing the problem in
detail. In the late 1980s, Canada and Australia were among countries experiencing particular
problems with invasive species, and they brought their concerns to the attention of IMO's
Marine Environment Protection Committee (MEPC).
The problem of invasive species in ships’ ballast water is largely due to the expanded trade
and traffic volume over the last few decades and, since the volumes of seaborne trade
continue to increase, the problem may not yet have reached its peak yet. The effects in
many areas of the world have been devastating. Quantitative data show that the rate of bio-
invasions is continuing to increase at an alarming rate and new areas are being invaded all
the time.
35
The spread of invasive species is now recognized as one of the greatest threats to the
ecological and the economic well being of the planet. These species are causing enormous
damage to biodiversity and the valuable natural riches of the earth upon which we depend.
Direct and indirect health effects are becoming increasingly serious and the damage to
the environment is often irreversible.
Preventing the transfer of invasive species and coordinating a timely and effective response
to invasions requires cooperation and collaboration among governments, economic sectors,
non-governmental organizations and international treaty organizations; the UN Convention
on the Law of the Sea (Article 196) provides the global framework by requiring States to
work together to prevent, reduce and control pollution of the marine environment including
the intentional or accidental introduction of species, alien or new, to a particular part of the
marine environment, which may cause significant and harmful changes thereto.
IMO has been at the front of the international effort by taking the lead in addressing the
transfer of invasive aquatic species (IAS) through shipping. In 1991 the MEPC adopted
the International Guidelines for preventing the introduction of unwanted aquatic organisms
and pathogens from ships' ballast water and sediment discharges (resolution MEPC.50(31));
while the United Nations Conference on Environment and Development (UNCED), held in
Rio de Janeiro in 1992, recognized the issue as a major international concern.
In November 1993, the IMO Assembly adopted resolution A.774(18) based on the 1991
Guidelines, requesting the MEPC and the MSC to keep the Guidelines under review with a
view to developing internationally applicable, legally-binding provisions. While continuing its
work towards the development of an international treaty, the Organization adopted, in
November 1997, resolution A.868(20) - Guidelines for the control and management of ships'
ballast water to minimize the transfer of harmful aquatic organisms and pathogens, inviting
its Member States to use these new guidelines when addressing the issue of IAS.
After more than 14 years of complex negotiations between IMO Member States,
the International Convention for the Control and Management of Ships' Ballast Water and
Sediments (BWM Convention) was adopted by consensus at a Diplomatic Conference held
at IMO Headquarters in London on 13 February 2004. In his opening address to the
Conference the Secretary-General of IMO stated that the new Convention would represent a
significant step towards protecting the marine environment for this and future
generations. “Our duty to our children and their children cannot be over-stated. I am sure
we would all wish them to inherit a world with clean, productive, safe and secure seas – and
the outcome of this Conference, by staving off an increasingly serious threat, will be
essential to ensuring this is so”.
The Convention requires all ships to implement a ballast water management plan. All ships
have to carry a ballast water record book and are required to carry out ballast water
management procedures to a given standard. Parties to the Convention are given the option
to take additional measures which are subject to criteria set out in the Convention and to
IMO guidelines.
Several articles and regulations of the BWM Convention refer to guidelines to be developed
by the Organization and Conference resolution 1 invited IMO to develop these guidelines as
a matter of urgency and adopt them as soon as practicable and, in any case, before the
entry into force of the Convention, with a view to facilitate global and uniform implementation
of the instrument.
The MEPC, at its fifty-first session in April 2004, approved a program for the development of
guidelines and procedures for uniform implementation of the BWM Convention, listed in
36
Conference resolution 1, including additional guidance required but not listed in the
resolution. The program was further expanded at the fifty-third session of the MEPC in July
2005 to develop and adopt 14 sets of Guidelines, the last one being adopted by resolution
MEPC.173(58) in October 2008.
During the Convention development process, considerable efforts were made to formulate
appropriate standards for ballast water management. They are the ballast water exchange
standard and the ballast water performance standard. Ships performing ballast water
exchange shall do so with an efficiency of 95 per cent volumetric exchange of ballast water
and ships using a ballast water management system (BWMS) shall meet a performance
standard based on agreed numbers of organisms per unit of volume.
Regulation D-3 of the BWM Convention requires that ballast water management systems
used to comply with the Convention must be approved by the Administration taking into
account the Guidelines for approval of ballast water management systems (G8). The
Guidelines (G8) have been revised in 2016 and converted into a mandatory Code for
approval of ballast water management systems (BWMS Code), which was adopted by
MEPC 72 (April 2018) and enters into force in October 2019.
Regulation D-3 also requires that ballast water management systems which make use of
Active Substances to comply with the Convention shall be approved by IMO in accordance
with the Procedure for approval of ballast water management systems that make use of
Active Substances (G9). Procedure (G9) consists of a two-tier process – Basic and Final
Approval – to ensure that the ballast water management system does not pose
unreasonable risk to the environment, human health, property or resources.
A technical group of experts has been established under the auspices of GESAMP to review
the proposals submitted for approval of ballast water management systems that make use of
Active Substances. The GESAMP Ballast Water Working Group (GESAMP-BWWG) reports
to the Organization on whether such a proposal presents unreasonable risks in accordance
with the criteria specified in the Procedure (G9).
The Convention requires a review to be undertaken in order to determine whether

appropriate technologies are available to achieve the standard. MEPC has conducted a
number of such reviews and agreed that appropriate technologies are available to achieve
the standard contained in regulation D-2 of the BWM Convention.
37
Philippine Implementations
Here in the Philippines, the governing bodies involved with the IMO are the Department of
Transportation (DOTr) and the MARINA (Maritime Administration of the Republic of the
Philippines.) While both institutions have continuously assured the public and its
stakeholders about their “commitment in carrying out its obligation under the convention,”
our country continues to face issues / concerns from international bodies who, while seeing
the Philippines as ‘the biggest source’ of seafarers worldwide, consider us to have
shortcomings about our ability to train / deploy seafarers.
There were also concerns about the country not being fully committed to the IMO and its
conventions. In an article by Manila Standard last year, Party-list Rep. Jesulito Manalo of
Angkla claimed that we have only ratified 21 out of 59 international conventions that would
ensure the welfare of our own seafarers.
He added that “even within the conventions that we have ratified as a country, the matter of
the strict interpretation and full understanding of what a convention means and how it is to
be implemented is also a bone of contention across various nation states.”
We may have acceded to 6 additional IMO conventions / protocols as of July last year, but
this was quickly tarnished around September as seven (7) Filipino seafarers from a Swiss
vessel were abducted near Nigeria by pirates. This incident even happened during our
country’s celebration of Maritime Week, which further casted doubts. Fortunately, the
seafarers were all freed after a month.
Rumors of the Philippines being excluded from the IMO white list went viral early this year,
which fortunately was not true and was quickly clarified by the MARINA.
In an article released through CHED’s official website March of this year, both DOTr and
MARINA asserted that the Philippines will remain in IMO’s “whitelist,” which is described as
a list of “Parties confirmed by the Maritime Safety Committee (MSC) to have communicated
information which demonstrates that full and complete effect is given to the relevant
provisions of the STCW Convention, 1978, as amended”.
This is despite the fact that there was a ‘sudden review and preparation of a draft revised
whitelist,’ during the April 30 session held by the IMO Sub-Committee on Human Element,
Training, and Watchkeeping (HTW6) at the IMO Headquarters in London, which was
attended to by the Philippine delegation.
As of May 2019, no whitelist has been released yet that does not include the Philippines in it,
but as per MARINA’s OIC Vice Admiral Narciso Vingson Jr, a “Working Group” has been
summoned to “review the consistency of evaluation, and the competency of those who
would review” the whitelist.
For now, this is viewed as a good and positive sign for the Philippine maritime industry.
DOTr Secretary Arthur Tugade hopes that this may be seen as “a challenge so that the
MARINA and other concerned agencies perform at their best to prepare accordingly for the
Independent Evaluation. We need to make sure that we will exert all the necessary efforts,
commitment and support to make this next mission successful.”
38
List of Sources:
 www.imo.org/en
 www.legacarta.intracen.org
 www.marina.gov.ph
 Maritime Industry Authority (list of ratified conventions as of June 22, 2018)
 http://manilastandard.net/news/national/276503/-ph-short-of-commitment-to-imo-
.html
 https://ched.gov.ph/caraga/2019/03/22/marina-confirms-the-philippines-is-still-in-imo-
whitelist/
 https://news.abs-cbn.com/overseas/09/24/18/7-filipino-seafarers-abducted-off-nigeria
 https://business.mb.com.ph/2019/05/02/ph-asserts-position-in-imo-white-list/
 www.wikipedia.org
39

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PHILIPPINE MERCHANT MARINE ACADEMY

Graduate School, Manila

THE IMO CONVENTIONS RATIFIED BY THE PHILIPPINES

THE IMO CONVENTIONS RATIFIED BY THE PHILIPPINES

Introduction and Objectives 4

IMO Conventions Ratified by the Philippines 5-8

Contents and Relevance

IMO Convention 48 9-11

SOLAS Convention 74 12-15

IMSO Convention 76 18-19

MARPOL 73/78 (Annex I/II) 20-21

MARPOL 73/78 (Annex III) 21

MARPOL 73/78 (Annex IV) 21

MARPOL 73/78 (Annex V) 21

London Convention Protocol 96 22

CLC Protocol 92 23-24

FUND Protocol 92 24-26

SUA Convention 88 26-27

MARPOL Annex VI 32-33

SOLAS PROT 1978 33

Load Line Protocol 88 34

SOLAS PROT 1988 34

AFS 2001 34-35

BWM Convention 35-37

1. To be able to list down all the conventions, including amendments and

2. To be able to discuss the content, relevance and implications of each ratified

3. To be able to discuss the Philippine implementation of these IMO

IMO Conventions Ratified by the Philippines (as of June 22, 2018)

IMO Information on date

IMO Information on date

IMO Information on date

SOLAS International Convention for the Safety of Life at

TONNAGE International Convention on Tonnage

STCW International Convention on Standards of

STP Special Trade Passenger Ships Agreement, 1971

IMSO Convention on the International Mobile Satellite

INMARSAT Operating Agreement on the International Mobile

International Convention for the Prevention of

MARPOL Annex III - Prevention of Pollution by Harmful

MARPOL Annex IV - Prevention of Pollution by Sewage

London Convention on the Prevention of Marine Pollution

London 1996 Protocol to the Convention on the Acceded / 08 June

CLC Protocol Protocol of 1992 to Amend the International

Protocol of 1992 to amend the International

SUA Information on date

IMO Convention 48: Convention on the International

Article 1 – discusses the purpose of the convention as follows:

(a) To provide machinery for co-operation among Governments in the field of

(b) To encourage the removal of discriminatory action and unnecessary restrictions by

Article 11 – states the Organization consists of an Assembly, Council, Maritime Safety

Technical Co-operation Committee Facilitation Committee and “such subsidiary organs as

Maritime Safety Committee

Marine Environment Protection Committee

Technical Co-operation Committee

Articles 52-57 - give functions and duties of the Secretariat.

Articles 58-61 – give financial obligations of the Member States

Headquarters of the Organization

Article 63 – The headquarters is established in London; the Assembly may by two-thirds

Relationship with the United Nations and other organizations

Article 64 – relate to relationships and co-operation with the United Nations,

Legal capacity, privileges and immunities

Articles 74-75 – questions or disputes over interpretation or application of the Convention

Articles 76-78 – cover signature and acceptance; territories; withdrawal.