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MARITIME SAFETY COMMITTEE MSC 101/3/2

101st session 5 March 2019
Agenda item 3 Original: ENGLISH

CONSIDERATION AND ADOPTION OF AMENDMENTS

TO MANDATORY INSTRUMENTS

Amendments to the International Code on the Enhanced Programme of Inspections

during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code)

Note by the Secretariat

SUMMARY

Executive summary: The Committee is invited to adopt the text of the draft consolidated
version of the ESP Code, prepared by SDC 6 (SDC 6/13/Add.1), as
amendments to the 2011 ESP Code, without further pursuing the
adoption of a new consolidated 2019 ESP Code

Strategic direction, if Other work

applicable:

Outputs: OW 2

Action to be taken: Paragraph 11

Related documents: MSC 100/20, paragraphs 3.4 to 3.8 and SDC 6/13/Add.1

Background

1 The Maritime Safety Committee, at its ninety-ninth session, approved a draft

MSC resolution on amendments to the 2011 ESP Code, prepared by SDC 5 in accordance with
the procedure for undertaking regular updates of the Code, with a view to adoption at MSC 100.

2 In addition to the development of the aforementioned amendments to the 2011 ESP

Code, SDC 4 agreed to prepare a consolidated text of the Code, which would include the
above amendments to the existing Code, so that the new consolidated Code would be in line
with the latest version of IACS Unified Requirement (UR) Z10. It was anticipated that the
new 2019 ESP Code would supersede the 2011 ESP Code, as amended, upon its expected
entry into force on 1 January 2022.

3 At SDC 5, after finalizing the amendments to the 2011 ESP Code, the SDC
Sub-Committee requested the Secretariat and IACS to prepare a draft consolidated text of the
Code for consideration at SDC 6, based on the aforementioned amendments and the outcome

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of the intersessional review of the existing footnotes. The draft consolidated Code was
submitted to SDC 6 as document SDC 6/7 and addenda (IACS and Secretariat).

4 At MSC 100, after having considered the draft amendments to the 2011 ESP Code
set out in documents MSC 100/3 (Secretariat) and MSC 100/3/2 (IACS and Secretariat), the
Committee decided to hold their adoption in abeyance and invited IACS to work together with
the Secretariat intersessionally to prepare a revised set of draft amendments to the Code using
"shall/should" instead of "is to/are to", as appropriate, for submission to MSC 101 with a view
to adoption.

5 In addition, the Committee instructed the SDC Sub-Committee to ensure that the
consolidated version of the draft 2019 ESP Code, expected to be finalized by SDC 6 with a
view to approval by MSC 101 for submission to A 31, includes the aforementioned revised
draft amendments to the 2011 Code.

Proposal

6 Taking into account the decision of MSC 100 to include the draft amendments to
the 2011 Code in the new 2019 ESP Code, the differences between the draft 2011 ESP Code,
as amended, and the new draft 2019 ESP Code are now minor.

7 Work on the draft amendments to the 2011 ESP Code and the consolidated draft 2019
ESP Code has been carried out in parallel. In preparing the draft amendments to the existing
Code and the new consolidated Code, IACS and the Secretariat have experienced a
considerable administrative burden owing to the sheer size of the separate packages and the
need to ensure that the two draft texts are completely harmonized.

8 Given the administrative burden discussed above and the fact that the differences
between the two instruments are now negligible, it is proposed to adopt the consolidated text
prepared by SDC 6 (SDC 6/13/Add.1) as an amendment to the 2011 ESP Code, which
includes the amendments to the 2011 ESP Code circulated in accordance with SOLAS
article VIII (Circular Letter No.3848 of 30 May 2018), replacing the entire text of the Code, in
lieu of having the Assembly adopt a new 2019 ESP Code.

9 The above way forward would eliminate any inconsistencies between the two
instruments and would reduce the administrative burden significantly, as only one instrument
needs to be adopted by the Committee.

10 The above proposal is based on the understanding that the draft text had been
circulated in accordance with article VIII(b)(i) of the SOLAS Convention after approval by
MSC 99, and that the changes to the text of the new consolidated 2019 ESP Code have been
mainly editorial when compared to the approved draft amendments to the 2011 ESP Code.
Thus, the provisions of article VIII(b)(i) of the Convention have been met and the adoption in
accordance with article VIII(b)(iv) of the Convention at this session may proceed accordingly.

Action requested of the Committee

11 The Committee is invited to consider the proposal in paragraph 8, taking into account
the information provided above, and take action as appropriate.

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