The IMO Sub-Committee on Implementation of IMO Instruments (III) held its 10th session from July 22 to July 26, 2024. This Brief provides an overview of the more significant issues progressed at this session.

DEVELOPMENT OF SURVEY GUIDANCE
Amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC)
The Survey Guidelines, initially adopted as Assembly Resolution A.746(18), have undergone regular reviews and updates to align with new regulatory requirements. Although these guidelines are not mandatory according to the IMO, they are mandated for all European Union Recognized Organizations under EU Regulation (EC) 391/2009.

The Sub-Committee noted that A 33 had adopted the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2023, (Resolution A.1186(33)), which included those amendments to the relevant IMO regulations that entered into force up to and including December 31, 2023. The Assembly, in the context of the resolution, requested that MSC and MEPC keep the Survey Guidelines updated. The Sub-Committee continued its work on the draft amendments to the Survey Guidelines under HSSC 2023. These draft revisions encompass survey requirements for mandatory instruments that will come into effect by December 31, 2025, along with amendments to SOLAS, following its four-year cycle for entry into force.

In addition, the Sub-Committee recalled that the Correspondence Group was instructed to review all footnotes contained in the text of the Survey Guidelines under the HSSC and to identify any gaps between the Survey Guidelines and the mandatory requirements with a view to removing those items not directly linked to requirements in mandatory instruments.

Next Steps: The revised guidelines will be presented at Assembly 34 (December 2025) for adoption and if adopted will take effect from 1 January 2026.

Proposed Amendments to the Annex to Circular MEPC.1/Circ.876
The Sub-Committee considered proposed amendments to the annex to circular MEPC.1/Circ.876 on Sample format for the confirmation of compliance, early submission of the SEEM Part II on the ship fuel oil consumption data collection plan and its timely verification pursuant to regulation 5.4.5 of MARPOL annex VI.

During the discussion on the footnote regarding “confirming, when appropriate, that confirmation(s) of compliance for the SEEMP is (are) provided to and retained on board the ship (MARPOL Annex VI, regulations 5.4.5 and 5.4.6)”, it was noted that the reference to MEPC resolution and the regulation of MARPOL Annex VI related to the contents of the Sample Format of Confirmation of Compliance is not up to date.

Next Steps: The Sub-Committee agreed to invite MEPC 82 (October 2024) to consider amending circular MEPC.1/Circ.876 and update the references accordingly.

Verifying the Validity of Certificates Under the Survey Guidelines Under the HSSC
The Sub-Committee considered the issue regarding the survey items related to examining the validity of certificates from other conventions, which are not pertinent to the certificates to which these survey items are related. The Sub-Committee, having noted that the current approach is a legacy issue and, in the absence of solid grounds directly linked to the requirements of present mandatory instruments, agreed to make changes to the current approach regarding the examination of certificates and records from other conventions, and instructed a correspondence group on the Survey Guidelines, to review the Survey Guidelines and propose necessary changes to remove these survey items, as appropriate.

Next Steps: The work will continue at the next meeting at the next Sub-Committee meeting III 11 (July 2025).

Guidance on Remote Survey, Audit and Verification
Based on experience gained from the increased use of remote surveys and audits because of the COVID-19 pandemic, Member States have generally recognized the benefits of remote surveys and are seeking to formalize guidelines for such surveys as their use expands. To this scope, the Sub-Committee finalized the second phase of its planned development of guidance on the assessment and applicability of remote surveys, ISM Code audits and ISPS Code verifications

At the previous session, the Sub-Committee agreed on draft amendments in relation to remote surveys and remote audits, which were adopted at Assembly 33 in December 2023. The below roadmap provides a timeline for sub- outputs within the scope of developing guidance for remote surveys, ISM Code audits and ISPS Code verifications:

At this session, the Sub-Committee finalized the draft Guidance on Assessments And Applications Of Remote Surveys, ISM Code audits and ISPS Code Verifications and the associated draft MSC-MEPC circular. However, since the working group concluded that there was a need to further develop the draft guidance and associated MSC-MEPC circular, the Correspondence Group on Survey Guidelines under the HSSC, the Non-exhaustive List of Obligations, and the Guidance on Remote Surveys, Audits and Verifications was re-established.

In-Person and Remote Audits for DoC ISM Audits
It was agreed that interim, initial, renewal and additional Document of Compliance (DoC) ISM audits should be conducted in person. However, exceptions were made for interim DoC audits when adding a new ship type to an existing DoC, as well as annual audits between five-year issuance/renewal audits. Consideration may also be given to the use of remote auditing methods.

Guidance for ISPS Remote Verifications
It was agreed to limit the use of remote verifications in place of in-person attendance to extraordinary circumstances due to the highly sensitive nature of the information involved in ISPS verifications.

Tasks Assigned to the Correspondence Group
The correspondence group was tasked with reviewing the relevant section on technical requirements in the draft guidance and developing specific technical requirements for remote methods to achieve a level equivalent to in-person attendance. Additionally, they were tasked with reviewing the elements to be examined during an ISPS verification and its eligibility for remote verification, and further developing part B-III of the draft guidance. The correspondence group was also assigned the responsibility of developing and updating the coding of the HSSC Guidelines for eligible, not eligible, or eligible for remote survey only under extraordinary circumstances, with a footnote that remote surveys may be authorized by the flag Administration due to extraordinary circumstances.

Review of Acceptance Process
The acceptance process for eligible items for remote surveys, audits and verifications related to rectifying deficiencies following PSC inspections/detentions was reviewed. It was noted that the scope of ISM remote verifications after PSC detentions should be determined by the Administration and may vary. Additionally, it was highlighted that additional HSSC surveys could be general or partial, depending on the circumstances. The correspondence group was tasked with further developing the text on this matter.

Next Steps: Due to time constraints, the Sub-Committee was unable to finalize the draft Guidance on assessments and applications of remote surveys, ISM Code audits and ISPS Code verifications. A correspondence group will work intersessionally to finalize it by the next session at III 11 (July 2025), and if finalized, for subsequent adoption at Assembly 34 (December 2025).

HARMONIZATION OF PSC ACTIVITIES WORLDWIDE
Guidelines and Procedures for PSC
The Sub-Committee considered draft guidelines on control and compliance measures to enhance maritime security with a view to inclusion as a new appendix to the Procedures for Port State Control and, in its annex 2, agreed to the draft amendments to the appendices 2, 8, 9, 11 and 18 of the Procedures for Port State Control, 2023 (resolution A.1185(33)) providing guidance in relation to the detention of ships.

Furthermore, the working group considered how to address the STCW ʺclear grounds and detainable deficienciesʺ when ʺrecords of daily hours of rest are not on board, as well as the establishment of inspection principles for regulations related to risk assessment.

However, due to the complexity of the issue of the absence of records of daily hours of rest, the group did not reach an agreement on the Convention basis. The group noted different legal basis applied by several regional PSC regimes and suggested bringing the issue to the attention of the HTW Sub-Committee as further clarification may be required. The group also noted that for inspection principles related to risk assessment, the relevant section of the PSC procedures related to the Alternative Design and Arrangement, and none of the regulations required an approved risk assessment. Consequently, as the GBS approach did not directly relate to PSC activities, the group took no further action at this time.

In addition, the Sub-Committee agreed to continue working on draft PSC Guidelines to improve maritime security. These guidelines aim to be included as a new appendix to the Procedures for PSC, 2023 in the next version. To facilitate this, an intersessional correspondence group has been formed to carry out further work. The draft guidelines are being developed based on the Interim guidance on control and compliance measures to enhance maritime security (resolution MSC.159(78)). It has been noted that this resolution contains sections that are not relevant for port state control officers (PSCOs) and the PSC Guidelines. Therefore, as part of this work, the resolution will be reworded, moved, or deleted to ensure its relevance.

Next Steps: The agreed draft amendments to appendices 2, 8, 9, 11 and 18 of Resolution A.1185(33) are expected to be submitted for adoption at Assembly 34 (December 2025). Additionally, an intersessional correspondence group will continue their work with the aim of finalizing the draft PSC Guidelines during the next Sub-Committee meeting III 11 (July 2025).
Source: ABS