2002 passengership liability and compensation treaty

2002 passengership liability and

compensation treaty to enter into

force in 2014

The Athens Convention relating to the

Carriage of Passengers and their Luggage

by Sea, 2002, which substantially raises the                                                    

limits of liability for the death of, or personal

injury to, a passenger on a ship, is set to

enter into force on 23 April 2014, after the

required 10 ratifications were reached on 23

April 2013, with the ratification of the 2002

Athens Protocol by Belgium.

The 2002 Protocol to the Athens

Convention relating to the Carriage of

Passengers and their Luggage by Sea,

1974, (PAL), revises and updates the 1974

Convention, which established a regime of

liability for damage suffered by passengers

carried on a seagoing vessel. As a

precondition for joining, Parties to the 2002

Protocol are required to denounce the 1974

treaty and its earlier Protocols.

The Athens Convention declares a

carrier liable for damage suffered by a

passenger resulting from death, personal

injury or damage to luggage if the incident

causing the damage occurred in the course

of the carriage and was due to the fault or

neglect of the carrier. Such fault or neglect

is presumed, unless the contrary is proved,

Carriers can limit their liability unless they

acted with intent to cause such damage,

or recklessly and with knowledge that such

damage would probably result. For the

death of, or personal injury to, a passenger,

this limit of liability was set at 46,666 Special

Drawing Rights (SDR) per carriage in the

1974 convention.

The 2002 Protocol substantially raises

those limits to 250,000 SDR per passenger

on each distinct occasion unless the carrier

proves that the incident resulted from an

act of war, hostilities, civil war, insurrection

or a natural phenomenon of an exceptional,

inevitable and irresistible character; or was

wholly caused by an act or omission done

with the intent to cause the incident by a

third party.

If the loss exceeds this limit, the carrier is

further liable – up to a limit of 400,000 SDR

per passenger on each distinct occasion –                          

unless the carrier proves that the incident

which caused the loss occurred without the

fault or neglect of the carrier.

As far as loss of, or damage to, luggage

is concerned, the limit of the carrier’s liability

varies, depending on whether the loss

or damage occurred in respect of cabin

luggage, of a vehicle and/or luggage carried

in or on it, or in respect of other luggage.

•

The liability of the carrier for the loss of

or damage to cabin luggage is limited to

2,250 SDR per passenger, per carriage.

•

Liability of the carrier for the loss of or

damage to vehicles including all luggage

carried in or on the vehicle is limited

to12,700 SDR per vehicle, per carriage.

•

Liability of the carrier for the loss of or

damage to other luggage is limited to

3,375 SDR per passenger, per carriage.

The carrier and the passenger may agree

that the liability of the carrier shall be subject

to a deductible not exceeding 330 SDR in

the case of damage to a vehicle and not

exceeding 149 SDR per passenger in the

case of loss of or damage to other luggage,

such sum to be deducted from the loss or

damage.

The 2002 Athens Convention also

introduces compulsory insurance, as well

as mechanisms to assist passengers in

obtaining compensation, based on well-

accepted principles applied in existing

liability and compensation regimes dealin

with environmental pollution. These include

replacing the fault-based liability system with

a strict liability system for shipping-related

incidents, backed by the requirement that

the carrier take out compulsory insurance to

cover these potential claims.

Ships are to be issued with a certificate

attesting that insurance or other financial

security is in force and a model certificate is

attached to the Protocol in an Annex.

The limits contained in the Protocol set

a maximum limit, empowering – but not

obliging – national courts to compensate for

death, injury or damage up to these limits.

The Protocol also includes an “opt-out”

clause, enabling State Parties to retain

or introduce higher limits of liability (or

unlimited liability) in the case of carriers who

are subject to the jurisdiction of their courts.

The 2002 Protocol introduces a tacit

acceptance procedure for raising the

limits of liability, whereby a proposal to

amend the limits would be circulated on

the request of at least one-half of the

Parties to the Protocol, and adopted by a

two-thirds majority of the States Parties.

Amendments would then enter into force

within 36 months unless not less than one

fourth of the States Parties at the time of the

adoption informed that they did not accept

the amendment.

 

The 2002 PAL Protocol has now been

ratified by 10 States: Albania, Belgium,

Belize, Denmark, Latvia, Netherlands, Palau,

Saint Kitts and Nevis, Serbia and Syrian

Arab Republic. It has been also ratified by

the European Union.

The 1974 convention has been ratified

by 35 States

MARPOL Annex VI New regulations

MARPOL Annex VI
New regulations
Annex VI of MARPOL 73/78 "Regulations for the prevention of Air Pollution from ships" will enter
into force on 19 May 2005, and apply to all ships, fixed and floating drilling rigs and other platforms
of 400 gross tons and above. Such vessels are required to hold an International Air Pollution
Prevention Certificate (IAPP Certificate).

This certificate must be on board upon
delivery of newbuildings with keels laid after 19 May 2005. For other vessels, the
IAPP certificate must be on board at the
first scheduled drydocking after 19 May
2005,
 but not later than 19 May 2008.
Annex VI requires that every vessel for
which the regulation applies is subject to an initial survey as well as annual,
intermediate and renewal surveys.

Regulation 12 – Emissions from Ozone
Depleting Substances (ODS) from
refrigeration plants and fire fighting
equipment

Annex VI prohibits any deliberate emissions
of ODS (CFC’s, Halons, HCFC’s) as defined
in the 1987 Montreal Protocol. Minimal
releases in connection with recapture or
recycling are, however, permitted.
New installations containing ODS are
prohibited on all ships after 19 May 2005,
with the exception of those containing
Hydrochlorflouro-carbons (HCFCs),
such as R22. These are permitted until
1 January 2020.

The EIAPP certificate is issued for marine
diesel engines after demonstrating
compliance with NOx emission limits, as
per the NOx Technical Code issued by IMO.
All certified engines are to be provided with
an individual Technical File that contains
the engine’s specifications for compliance
with the NOx regulation and onboard
verification procedures. Further, each
engine is to be provided with a Record
Book of engine parameters, where any
changes to the engine are to be recorded.
The phrase "major conversion", means a
modification of an engine where:
• The engine is replaced by a new engine
built on or after 1 January 2000, or
• Any substantial modification is made to
the engine, or
• The maximum continuous rating of the
engine is increased by more than 10%
Note that for engines installed on keels laid
on or after 1 January 2000, a substantial
modification would be classed as any
modification outside the ranges specified
in the Technical File (see later description).
For engines installed on vessel keels laid
before 1 January 2000, a substantial
modification means any modification made
to an engine that increases its existing NOx
emission. These changes include, but are
not limited to, changes in its operation or
its technical parameters (e.g. to reduce
fuel consumption).
Regulation 14 – Sulphur Oxide (SOx)
emissions from ships
Upon entry into force of Annex VI to
MARPOL on the 19 May 2005, the
maximum sulphur content of marine fuel
oils used on board ships, regardless of
application, is 4.5%. Further, a limit of 1.5%
on the sulphur content of marine fuel oil,
applies in the following designated SOx
Emission Control Areas (SECAs):
• The Baltic Sea Area which enters into
force on 19 May 2006
• The North Sea Area and the English
Channel which will not enter into force
until 19 November 2007
An alternative to using marine fuel oil with
a 1.5% sulphur content in SECAs, is an
exhaust gas cleaning system or other
equivalent abatement technology. The
emission criteria for such systems are
6 g SOx/kWh.
Operational impact of low sulphur fuel
Fuel quality issues
There have been indications that low
sulphur fuel oil production may lead to
increased quality problems, such as
instability, incompatibility, ignition and
combustion difficulties, increase in levels
Designated SOx Emission Control Areas
Excessive sludging in fuel oil separator
of catalytic fines and the potential
introduction of chemical waste.
Fuel tank/system configuration
When approaching a SECA a change to
1.5% sulphur content fuel must be made
and recorded before entry into the area.
Given fuel compatibility problems, and in
consideration of the differences in cost,
some owners are considering installing an
additional set of service and settling tanks
for low sulphur fuel oils. Such measures
would also simplify change-over
procedures and bunker management.
Inadequate availability of low sulphur heavy
fuel oils may force owners to increase
consumption of low sulphur diesel oils
within SECAs. Accordingly, allocation of
additional marine diesel oil tank capacity
may have to be considered.
Lube oil considerations
Experience has indicated that for 2-stroke
engines, long term operation on blended
low sulphur fuel oils and the use of high
base number (BN 70) cylinder lube oils
may lead to deposit build-up on piston
crowns, piston ring grooves and,
subsequently, liner scuffing.
The maximum operation time on fuel oils
with low sulphur content and high BN lube
oils appears to vary substantially depending
on fuel quality, engine make, type, age, load
profile, liner temperature, efficiency of water
mist catchers, installation of scraper rings,
as well as cylinder lube oil quality, feed rate
and lubrication system. Accordingly, the
relevant engine manufacturer and lube oil
supplier should be consulted prior to
operation on low sulphur fuel oil.
Regulation 15 – Volatile Organic
Compounds (VOC) emissions from
cargo oil tanks in oil tankers
The requirements apply to tankers
operating in terminals that have been
designated by the Port state as an area
where VOC is regulated. The relevant
Port state is required to give advance
notification to IMO of such designations.
Any tanker that has a USCG compliant
vapour emission control system will
automatically comply with the IMO
requirements.
Regulation 16 – Emissions from
shipboard incinerators
Each incinerator installed on board on or
after 1 January 2000 is to be type approved
under the IMO Resolution MEPC 76(40).
The operation manual and the type
approval certificate for such incinerators
must be provided on board and the crew
trained and capable of operating the
incinerator in accordance with the manual.
Further, shipboard incineration of certain
specified substances (e.g. PCB’s) is
prohibited. Incineration of sewage sludge
and sludge oil is not permitted in boilers or
diesel engines inside ports, harbours and
estuaries.
Regulation 18 – Fuel oil quality
General points
Regulation 18 specifically requires that fuel
oil supplied to ships must be free from
inorganic acids or chemical wastes that
could jeopardise the safety of the ship, be
harmful to ships' personnel, or pollute the air.
Guidelines relating to Regulation 18 are
found in Resolution MEPC. 96(47)
"Guidelines for the sampling of fuel for
determination of compliance with Annex VI
of MARPOL 73/78".
Bunker delivery notes

Regulation 18 requires that any fuel oil
delivered on board must be recorded on
a Bunker Delivery Note (BDN).
There is a requirement that BDNs must
contain specific information, including
quantity, sulphur content and a declaration
by the fuel oil supplier's representative that
the fuel oil supplied conforms with
regulations 14 and 18.

The BDNs must be kept on board for a
three-year minimum and be ready for
inspection at all times.
MARPOL Annex VI fuel oil samples
Regulation 18 requires that every BDN is
to be accompanied by a representative
sample of the fuel oil delivered, taking into
account the guidelines in Resolution
MEPC.96(47).

WITHOUT PROPER DRILLS AND TRAINING, YOU ARE NOT PREPARED FOR EMERGENCY

WITHOUT PROPER DRILLS AND TRAINING, YOU ARE NOT PREPARED FOR EMERGENCY

Some examples of drills have onboard

• Fire fighting drills
• Life boat and life saving appliances drill
• Personal protection drills
• Environmental protection drills
• SOPEP drills
• Emergency steering drills
• Man over board drills
• Medical care drills
• Personal safety and social responsibilities drills
• Garbage handling drills
• 
  

Frequency and type of drills

Frequency and type of drills must be in accordance with rules in:

• The training manual
• SOLAS
• The Vessel Response Plan (VRP)
• The Safety Management System (SMS)
• Flag state regulations

THE PERMITS NEED TO BE OBTAINED ACCORDING TO ISM

THE PERMITS NEED TO BE OBTAINED ACCORDING TO ISM
1. Hot work permit
2. Enclosed space permit
3. Electrical work permit
4.  Cold work permit
5. Small crafts alongside permit
6. Working out board permit
7. Working afloat permit
8. Under water work permit

HISTORIC REVIEW OF IMO REGULATIONS

HISTORIC REVIEW OF IMO REGULATIONS

Titanic
# SOLAS


Torray Canyon
#MARPOL
#STCW

                                                  

Herald of Free Enterprice
#IMO A647


Exxon Valdez
#OPA 90 (Oil polution Act of 1990)


Scandinavian Star
#ISM Code


Estonia
#New Technical and Stability Requirements

The amendments add new definitions for fire dampers

activities”
FROM THE MEETINGS 14 IMO NEWS |
ISSUE 1
|
2013
The amendments add new definitions
for fire dampers (“a device installed in
a ventilation duct which, under normal
conditions, remains open allowing flow in the
duct, and is closed during a fire, preventing
flow in the duct to restrict the passage
of fire”) and smoke dampers ( “a device
installed in a ventilation duct which, under
normal conditions, remains open allowing
flow in the duct, and is closed during a fire,
preventing flow in the duct to restrict the
passage of smoke and hot gases”).
Regulation 9.7, introducing new
requirements for ventilation ducts, fire
dampers and duct penetrations, was rewritten
completely. The Sub-Committee also
agreed to establish a correspondence group
to progress the work on the development
of SOLAS amendments and associated
guidance on air-quality management for
ventilation of closed vehicle spaces, closed
ro-ro spaces and special category spaces.
Interpretations agreed
The Sub-Committee agreed the following
interpretations, to be submitted as draft
MSC circulars to MSC 92 for approval:

• Unified interpretations of the SOLAS
chapter II-2 and the FSS and International
Code for the Application of Fire Test
Procedures ( FTP Code);

• Unified interpretations of the 2000 High-
Speed Craft (HSC) Code, as amended
by resolutions MSC.175(79) and
MSC.222(82);
• Interpretation of the Revised Guidelines
for the approval of equivalent waterbased
fire extinguishing systems for
machinery spaces and cargo pumprooms
(MSC/Circ.1165); and
• Unified interpretation of the SOLAS
Convention, the International Code for
the Construction and Equipment of
Ships carrying Dangerous Chemicals in
Bulk (IBC Code) and the International
Code for the Construction and
Equipment of Ships Carrying Liquefied
Gases in Bulk (IGC Code).
Fire protection of on-deck container
cargoes agreed
The Sub-Committee, recognizing that
the existing means of fire safety for high
container stacks may not be fully adequate
when the ship carries five or more tiers of
containers on or above the weather deck,
prepared draft amendments to SOLAS
regulations II-2/2 and II-2/10 for submission
to MSC 92.
The draft amendments add a new
regulation II-2/10.7.3, to require at least one
water mist lance for all new ships designed
to carry containers on or above the weather
deck, and to require mobile water monitors
for new ships designed to carry five or more
tiers of containers on or above the weather
deck.
The regulation defines a water mist
lance as consisting of a tube with a piercing
nozzle which is capable of penetrating a
container wall and producing water mist
inside a confined space (container, etc.)
when connected to the fire main.
Mobile water monitors are waterdischarge
devices of portable or wheeled
type, consisting of inlet fitting(s), monitor
waterway, swivel fittings, discharge nozzle
and a shut-off device.
The Sub-Committee also agreed a draft
MSC circular on Guidelines for the design,
performance, testing and approval of mobile
water monitors used for the protection of
on deck cargo areas of ships designed and
constructed to carry five or more tiers of
containers on or above the weather deck,
for submission to MSC 92 for approval, in
principle, with a view to final approval at
MSC 93 in conjunction with the adoption
of the associated amendments to SOLAS
regulation II-2/10.
Fire protection issues related to fibrereinforced
plastic
The Sub-Committee reviewed a
number of submissions relating to fire
safety aspects in relation to the use of
fibre-reinforced plastic (FRP) on ships and
established a correspondence group on the
development of guidelines for use of FRP
within ship structures. The group will review
available fire testing results and research
and methodologies with regard to FRP
composite structures in ships, as well as the
current regulations and relevant applications
of FRP composite structures.