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Two
important mandatory international
regulations, sanctioned by the
International Maritime Organisation,
are set to enter into force within a
space of a month beginning 1 July
2002.
The
two regulations – the Standards,
Training, Certification &
Watchkeeping 1995 (STCW’95) and
the International Ship Management
Code (ISM) – will have important
bearing on the on-going
international efforts to further
enhance quality, safety, environment
and standards and more recently,
security of global shipping.
The
two regulations were to be enforced
in February this year but owing to
inability by the vast number of
seafarers, national shipping
administrations and shipping
companies to comply with the quality
enhancement rules, the enforcement
dates were deferred.
However,
despite the extension, it appears
seafarers and shipping companies,
including those in Malaysia, are not
expected to meet the requirements of
the rules raising concerns of
disruption to commerce and trade.
The
ISM Code is aimed at promoting
quality shipping, making owners of
ships more directly responsible for
omissions.
All
ships by 1 July 2002 failing which
the vessels could be detained at
ports of call.
The
International Management Code for
the Safe Operation of Ships and for
Pollution Prevention (ISM Code)
addresses the responsibilities of
the people who manage and operate
ships and provides an international
standard for the safe management and
operation of ships and for pollution
prevention.
On
31 July 1998, the first phase of ISM
Code became mandatory under the
International Convention for the
Safety of Life at Sea (SOLAS) and
from that date it applied to
passenger ships, including passenger
high-speed craft; and oil tankers,
chemical tankers, gas carriers, bulk
carriers and cargo high-speed craft
of 500 gross tonnage and above.
Now
other cargo ships – including
general cargo ships and container
ships - and mobile offshore drilling
units of 500 gross tonnage and above
must comply, not later than 31 July
2002.
The
ISM Code requires every company to
be issued with a Document of
Compliance (DOC) to show that it
complies with the requirements of
the ISM Code.
The
DOC is issued for a period of five
years subject to an annual
verification audit.
The
DOC must be carried on board the
ship. The ISM Code also requires
every ship to be issued with a
Safety Management Certificate (SMC),
which verifies that the company and
its shipboard management operate in
accordance with the approved safety
management system.
Aside
from the safety consideration, a
recent development that could form
part of the ISM Code is the
increasing concern over terrorism
affecting ships.
Following
the September 11 incident, the US
has been at the forefront to
introduce tight rules affecting
security of vessels which the
industry feels ought to be
incorporated under the ISM Code.
With
effect from 31 July, failure of
seamen to validate their
certification as required under
STCW’95 would result in
“grounding” of the sailors since
they would be technically
unemployable with the mandatory
qualification.
Also,
ships, which are found employing
seamen without the STCW’95
validate certification, stand the
risk of be detained for manning
vessels without qualification.
STCW
95 refers to the 1995 amendments to
the International Convention on
Standards of Training, Certification
and Watchkeeping for Seafarers (STCW),
1978.
The
1995 amendments, which completely
revised the Convention, was schedule
to enter into force on 1 February
2002 but was extended by the
International Maritime Organisation
following appeals from member
countries which had high incidence
of seafarers complying with the
convention.
Several
countries, including large
seamen-supplying countries like the
Philippines, Indonesia, Mynmar,
India and Pakistan were among those.
Malaysia too had very high incidence
of seafarers who could not have met
the first deadline.
Under
the extension granted by IMO,
countries were allowed to continue
to issue, recognize and endorse
certificates which applied before 1
February 1997 in respect of
seafarers who began training or
seagoing service before 1 August
1998.
The
STCW-95 requirements are therefore
being phased in under a transitional
period until 1 July 2002.
By
31 July 2002, every master and
officer must hold a valid
certificate complying with the
regulations of STCW 95 and
endorsement issued by the flag
State.
Seafarers
must re-validate their certificate
(by the authority issuing the
original certificate) to STCW 95
standards of medical fitness and
competence.
The
updated certificate will then be
valid for service after 31 July
2002, and will be subject to
re-validation every five years.
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