1. To Satisfaction of the Administration Seminar on the Implementation of measures to ensure that safety standards are “to the Satisfaction of the Administration ” Istanbul, 26/27 April 2016 Stephan Assheuer & Capt. Cahit Yalcin

2. Introduction of the problem To the Satisfaction of the Administration A phrase appearing in several IMO instruments  The question is: What is to YOUR satisfaction?  YOU have to give the answer

3. Introduction of the Problem  Different wordings, similar meaning  …to the satisfaction of the Administration…  …provision acceptable to the Administration…  …the Administration shall take appropriate steps to ensure…  …meet the requirements of the Administration…  …in the opinion of the Administration…

4. Introduction of the Problem  …deemed satisfactory by the Administration…  …the Administration shall adopt regulations…  …the Administration shall give special consideration…  …shall conform to a standard acceptable to the Administration…  …the Administration may permit … … as has been shown to the satisfaction of the Administration

5. Introduction of the Problem What ever phrase is used: the Administration is requested to take ACTION

6. Introduction of the Problem Various IMO Instruments  Conventions  SOLAS 80 times the Administration is required to take action, of them 68 in Chapter II  MARPOL 17 occurrences  Load Line Convention 7

7. Introduction of the Problem  Mandatory Codes  FSS Code 13  HSC Code 11  LSA Code 6  IS Code 9

8. Introduction of the Problem  Others  Special case is the ISPS Code …in the judgment of the Administration …at intervals specified by the Administration …minimum period specified by the Administration …for which the Administration has determined  Non mandatory instruments e.g. MSC.1/Circ.1200 INTERIM GUIDELINES FOR ALTERNATIVE ASSESSMENT OF THE WEATHER CRITERION  No occurrences of such phrases we find e.g. in the COLREG Convention or the ISM Code

9. Introduction of the Problem  Typical problems during IMSAS audits  Part 2 - Flag States, Para. 16.5: the development, documentation and provision of guidance concerning those requirements found in the relevant international instruments that are to the satisfaction of the Administration.

10. Introduction of the Problem

11. Background often introduced when  one or a group of IMO Members have specific requests which are not shared by the majority, the term to the satisfaction of the Administration leaves them leeway for own interpretations.  A WG is not sure about technical implications

12. Background  a case by case consideration appears to be the appropriate means SDC 3/WP 5, Paragraph 46 …The group further agreed to add a sentence reflecting that for ships with propulsion systems not covered by the Code, CT is to be established on a case-by-case basis to the satisfaction of the Administration.  Alternative solutions providing equal safety are possible

13. Background  Alternative means of calculation  Other phrase for approval is used Sample: Stability Booklet

14. Occurrences in Principle  very technical Regulations without IMO recognized standards  cases requiring a case by case consideration  very ship specific consideration  rare cases  new designs/materials not covered by the regulation

15. Occurrences in Principle  old designs no longer covered by the regulation  e.g. steering gear using other than hydraulic equipment or hatch covers closed by tarpaulins

16. Occurrences in Principle  Documentation to be to the satisfaction of the Administration  scope of the information provided  other phrase for „approved by the Administration“ - repeatedly used in MARPOL

17. Occurrences in Principle  case by case consideration of non- compliance  MARPOL Annex VI/13 NOx, engines of less than 750KW

18. SoA and MSA The Audit Standard is the “III Code” (A.1070(28))  UN (CSD 7) requested IMO to develop measures to ensure that flag States give “full and complete effect” to the IMO conventions to which they are party, so that the ships of all flag States meet international rules and standards,  Parties to the relevant international conventions have, as part of the ratification process, accepted to fully meet their responsibilities and to discharge their obligations

19. SoA and MSA The Audit Standard is the “III Code” (A.1070(28))  States have the primary responsibility to have in place an adequate and effective system for their ships  States, in their capacity as port and coastal States, have other obligations and responsibilities under international law in respect of maritime safety, security and protection of the marine environment

20. SoA and MSA The Audit Standard is the “III Code” (A.1070(28))  States may realize certain benefits by becoming party to instruments aiming at promoting maritime safety, security and the prevention of pollution from ships, these benefits can only be fully realized when all parties carry out their obligations as required by the instruments concerned

21. SoA and MSA  Ultimate effectiveness of any instrument depends, inter alia, upon all States: (a) becoming party to all instruments related to maritime safety, security and pollution prevention and control; (b)implementing and enforcing such instruments fully and effectively

22. SoA and MSA IMO MSC and the MEPC have developed amendmends to the:  SOLAS 74,  LL PROT 88  MARPOL 73/78  MARPOL PROT 97  STCW 78 Which made the use of the III Code mandatory by 1.1.2016.

23. SoA and MSA General 4 Under the general provisions of treaty law and of IMO conventions, States should be responsible for promulgating laws and regulations and for taking all other steps which may be necessary to give those instruments full and complete effect so as to ensure safety of life at sea and protection of the marine environment.

24. SoA and MSA 7 The following areas shall be considered and addressed in the development of policies, legislation, associated rules and regulations and administrative procedures for the implementation and enforcement of those obligations and responsibilities by the State:.3 legislation, rules and regulations;.4 promulgation of the applicable international mandatory instruments, rules and regulations;

25. SoA and MSA Initial actions 8 When a new or amended instrument of the Organization enters into force for a State, the Government of that State shall be in a position to implement and enforce its provisions through appropriate national legislation and to provide the necessary implementation and enforcement infrastructure

26. SoA and MSA PART 2 – FLAG STATES Implementation 15 In order to effectively discharge their responsibilities and obligations, flag States shall:.1 implement policies through issuing national legislation and guidance, which will assist in the implementation and enforcement of the requirements of all safety and pollution prevention conventions and protocols to which they are parties

27. SoA and MSA PART 2 – FLAG STATES Implementation 16 A flag State shall establish resources and processes capable of administering a safety and environmental protection programme, which, as a minimum, should consist of the following:.1 administrative instructions to implement applicable international rules and regulations as well as developing and disseminating any interpretative national regulations that may be needed

28. SoA and MSA PART 2 – FLAG STATES Implementation 16 A flag State should establish resources and processes capable of administering a safety and environmental protection programme, which, as a minimum, should consist of the following:.5 the development, documentation and provision of guidance concerning those requirements found in the relevant international instruments that are to the satisfaction of the Administration.

29. SoA and MSA Summary MSA is a document based system audit National legislation and guidance (processes, policies, instructions, circulars etc.) have top priority, Implementation of that instruments and legislation is also paramount, Proper dealing with items in the international instruments that are left to the satisfaction, approval, consideration, opinion of the Administration (Authority, Government etc.) is of great importance to avoid findings in the MSA.

30. Questions and Answers