IMO DOCUMENT OF COMPLIANCE REQUIRED BY REGULATION II-2/19 OF THE SOLAS CONVENTION. Submitted by France

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1 INTERNATIONAL MARITIME ORGANIZATION E IMO SUB-COMMITTEE ON DANGEROUS GOODS, SOLID CARGOES AND CONTAINERS 9th session Agenda item 10 DSC 9/10 25 June 2004 Original: FRENCH DOCUMENT OF COMPLIANCE REQUIRED BY REGULATION II-2/19 OF THE SOLAS CONVENTION Submitted by France SUMMARY Executive summary: This document proposes a draft MSC circular designed to resolve certain difficulties that currently arise in connection with the issuing, control and renewal of the document of compliance required by regulation II-2/19 (or II-2/54) of the SOLAS Convention. The aim of this draft text is: - to clarify the information to be provided in documents of compliance required by regulation II-2/19 (or II-2/54) for class 5.2 dangerous goods; - to clarify the use of document MSC/Circ.1027 in connection with the renewal of documents of compliance of ships subject to regulation II-2/54 and built before 1 July Action to be taken: The Sub-Committee is invited to finalize the draft circular, as proposed by France and contained in the annex to this document, and to transmit it, once approved, to MSC 79 for consideration and adoption. Related documents: Resolution MSC.99(73) (regulation II-2/19), MSC.134(76), MSC/Circ.1027, MSC 78/26 (paragraphs and 24.18), MSC 78/24/11, DSC 8/15 (paragraph 14.3), DSC 8/14/1 Decisions of DSC 8 and MSC 78 1 At DSC 8 the Sub-Committee considered document DSC 8/14/1 submitted by France and Canada. The aim of that document was to highlight certain difficulties encountered by the authorities in connection with the issuing, control and renewal of the document of compliance required by regulation II-2/19 (or II-2/54) of the SOLAS Convention. 2 After considering the document, the Sub-Committee decided that the questions raised by France and Canada merited further consideration, and judged that it would be appropriate if France and/or Canada were to consider submitting a proposal to the Committee so that a new item on the subject could be included in the Sub-Committee s work programme. For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 DSC 9/ To that end, in accordance with the Guidelines on the organization and method of work of the Committee and its subsidiary bodies, as amended, France, at the seventy-eighth session of the Maritime Safety Committee, submitted document MSC 78/24/11 and proposed that a new draft MSC circular should be drawn up to resolve the problems encountered in practice. 4 After consideration, the Committee decided to include in the work programme of the Sub-Committee s ninth session a high-priority item entitled Document of compliance required by regulation II-2/19 of the SOLAS Convention. The work completion date was set at In addition, the Committee decided that work on the matter should be regarded as urgent and should be considered at MSC 79 in December In order to enable the Sub-Committee to bring its work under this new item to a successful conclusion, a draft MSC circular, contained in the annex to this document, has been drawn up by France. This draft aims to find a solution to the problems mentioned in paragraphs 6 to 13 below in order to harmonize the practices of the various administrations and to avoid any problems during inspection by a port State. Problems to be resolved Issuing of documents of compliance required by regulation II-2/19 in regard to class In the course of port State inspection, inspectors have noted that certain documents of compliance required by regulation II-2/19 of the SOLAS Convention, as amended, authorize the transport under deck of class 5.2 dangerous goods (organic peroxides). 7 It is clear from table 19.3 of regulation II-2/19 that the provisions therein relating to class 5.2 are based on the fact that the IMDG Code prohibits the presence under deck of all goods of this class. This approach was confirmed by the Committee, which clarified table 19.3 by adding to it a new note 16 as follows: 16 Under the provisions of the IMDG Code, as amended, stowage of class 2 dangerous goods under deck or in enclosed ro-ro spaces is prohibited. This amendment to the SOLAS Convention was incorporated into resolution MSC.134(76) and is due to enter into force on 1 July However, this prohibition, which originates in the IMDG Code, is applicable to all ships subject to regulation II-2/19 (or II-2/54) of the SOLAS Convention, as amended. 8 Accordingly, France proposes that:.1 the new draft MSC circular referred to in paragraph 5 of this document should draw the attention of Member Governments, SOLAS Contracting Governments and bodies acting on their behalf to the need to take into account, when issuing or renewing documents of compliance, the prohibition on stowage of class 5.2 dangerous goods under deck or in enclosed ro-ro spaces for any ship built on or after 1 July the draft circular should recommend Member Governments, SOLAS Contracting Governments and bodies acting on their behalf to take into account, when renewing documents of compliance, the prohibition on stowage of class 5.2 dangerous goods under deck or in enclosed ro-ro spaces for:

3 - 3 - DSC 9/10 - any passenger ship built on or after 1 September 1984 and before 1 July 2004; - any cargo ship of 500 gross tonnage or above built on or after 1 September 1984 and before 1 July 2004; - any cargo ship of less than 500 gross tonnage built on or after 1 February 1992 and before 1 July the draft circular should recommend authorities responsible for port State control activities to take the above into account when checking documents of compliance. Renewal of documents of compliance required by regulation II-2/54 9 In addition, the Sub-Committee will remember that at its seventy-fifth session the Maritime Safety Committee considered and approved a revised standard format for the document of compliance required by regulation II-2/19.4 of the SOLAS Convention, as amended. 10 This format appears in circular MSC/Circ The latter replaces circular MSC/Circ.642, which contained the standard format for the document of compliance required by regulation II-2/ For ships built before 1 July 2002 and subject to regulation II-2/54 of the SOLAS Convention, it must therefore be noted that: - the format contained in circular MSC/Circ.642 can no longer be used, because it has not been updated to reflect the latest amendments to the IMDG Code (notably the abolition of classes 3.1, 3.2 and 3.3); and that - it is recommended that the format contained in the annex to circular MSC/Circ.1027 should be used. 12 In practice, France has noticed that use of the format as contained in circular MSC/Circ.1027 was leading certain authorities and bodies to issue documents of compliance required by regulation II-2/19 to ships subject to regulation II-2/ Accordingly, France proposes that the new draft MSC circular mentioned in paragraph 5 of this document should draw to the attention of Member Governments, SOLAS Contracting Governments and bodies acting on their behalf that it is recommended that the standard format of document of compliance contained in circular MSC/Circ.1027 be used for renewal of documents of compliance of ships subject to SOLAS regulation II-2/54 applicable before 1 July 2002, provided that the references to regulations II-2/19 and II-2/19.4 are replaced by references to regulations II-2/54 and II-2/54.3 respectively. Action requested of the Sub-Committee 14 The Sub-Committee is invited to finalize the draft circular, as proposed by France and contained in the annex to this document, and to transmit it, once approved, to MSC 79 for consideration and adoption. ***

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5 DSC 9/10 ANNEX DRAFT MSC CIRCULAR CARRIAGE OF DANGEROUS GOODS Issuing and renewal of document of compliance with the special requirements applicable to ships carrying dangerous goods 1 At its seventy-fifth session (15-24 May 2002) the Maritime Safety Committee considered and approved a standard format for the document of compliance required by regulation II-2/19.4 of the 1974 SOLAS Convention, as amended, applicable as from 1 July This format is reproduced in circular MSC/Circ Recognizing the need to take into account the amendments to table 19.3 of SOLAS regulation II-2/19 which the Committee had adopted by resolution MSC.134(76), the Maritime Safety Committee, at its seventy-ninth session (1-10 December 2004), decided that it was necessary to highlight the prohibition on stowage of class 5.2 dangerous goods under deck or in enclosed ro-ro spaces in documents of compliance required by regulation II-2/19 of the SOLAS Convention, as amended, for any ship built on or after 1 July 2004 when issuing or renewing the said documents. 3 Recognizing also that this prohibition on stowage under the IMDG Code is also applicable to all ships built before 1 July 2004 and subject to regulation II-2/19 (or II-2/54) of the SOLAS Convention, as amended, the Maritime Safety Committee also decided that the prohibition on stowage would have to be taken into account when renewing documents of compliance for: - any passenger ship built on or after 1 September 1984 and before 1 July 2004, - any cargo ship of 500 gross tonnage or above built on or after 1 September 1984 and before 1 July 2004, and - any cargo ship of less than 500 gross tonnage built on or after 1 February 1992 and before 1 July In addition, at the same session, the Maritime Safety Committee recalled that the standard document of compliance format set out in circular MSC/Circ.1027 should be used when renewing documents of ships subject to SOLAS regulation II-2/54 applicable before 1 July 2002, and that in such cases the references to regulations II-2/19 and II-2/19.4 appearing in the standard format should be replaced by references to regulations II-2/54 and II-2/54.3 respectively. 5 Member Governments and SOLAS Contracting Governments are invited to draw this circular to the attention of authorities responsible for issuing and renewing documents of compliance, bodies acting on behalf of these governments, and shipowners, ship operators and masters, with a view to harmonizing the practices of the various administrations. 6 Member Governments and SOLAS Contracting Governments are also invited to draw this circular to the attention of authorities tasked by the port State with carrying out inspections of ships, and to recommend them to take the above into account when discharging their responsibilities.