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RR RUEHHM RUEHLN RUEHMA RUEHPB
DE RUEHLO #5267/01 1991457
ZNR UUUUU ZZH
R 181457Z JUL 06
FM AMEMBASSY LONDON
TO RUEHC/SECSTATE WASHDC 7491
RUWDQAC/COMDT COGARD WASHINGTON DC//G-CI/G-L/G-P/G-PC/G-PCA/G-PCV/G-PS/
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC

UNCLAS SECTION 01 OF 03 LONDON 005267 
 
SIPDIS 
 
SIPDIS 
 
COGARD FOR DC//G-CI/G-L/G-P/G-PC/G-PCA/G-PCV/G-PS// 
STATE PLEASE PASS TO MARAD AND NTSB 
STATE PLEASE PASS TO IO/OIC FOR MORRISSEY, M.C. 
 
E.O. 12958: N/A 
TAGS: AORC IMO EWWT PHSA SENV KTIA UK
SUBJECT: INTERNATIONAL MARITIME ORGANIZATION (IMO): REPORT OF THE 
FLAG STATE IMPLEMENTATION SUB-COMMITTEE 14TH SESSION, LONDON, 05-09 
JUNE 2006. 
 
¶1. SUMMARY: The 14th session of the Flag State Implementation 
Subcommittee (FSI 14 S/C) met at IMO Headquarters, London, UK. Mrs. 
Tatjana Krilic of Croatia chaired the meeting. The meeting was 
attended by seventy members, two associate members, one United 
Nations specialized agency, two intergovernmental organizations, 
nine intergovernmental organizations and fifteen non-governmental 
organizations. All obtainable U.S. objectives were achieved. 
FSI 14 S/C: 
-- Agreed to the draft Survey Guidelines under the HSSC for the 
purpose of the BWM Convention, for submission to MEPC 55; 
-- Agreed to the draft form for the AIS Test Report, for further 
review by NAV 52; 
-- Agreed to the draft Guidelines on annual testing of Voyage Data 
Recorders (VDR) and simplified Voyage Data Recorders (S-VDR) 
incorporating the Form for the Voyage Data Recorder Performance Test 
Certificate, for review by NAV 52 prior to submission to MSC 82; 
-- Agreed to the draft Guidelines for pre-planning of surveys in 
dry-dock of ships which are not subject to the Enhanced Programme of 
Inspections under resolution A.744(18), as amended, for submission 
to MSC 82 for consideration and action as appropriate. 
END SUMMARY 
 
¶2. Decisions of other IMO Bodies: FSI 14 was informed by the IMO 
Secretariat that the Port Reception Facility Database module of the 
 
SIPDIS 
Global Integrated Shipping Information System (GISIS) had been 
completed. FSI had previously recommended, upon completion of the 
module, that hard copy of the IMO circulars containing current 
reception facilities will cease. MEPC 54 endorsed this 
recommendation and the circulars will no longer be promulgated. 
 
¶3. Responsibilities of Governments and Measures to Encourage Flag 
State Compliance: Significant discussions took place regarding the 
identification of common areas between the International Ship and 
Port Facility Security (ISPS) Code and the International Ship 
Management (ISM) Code and the merging of those areas, with respect 
to the auditing of implementation of these Codes. Some Member States 
believed that the combining of these audits would reduce the impact 
of audits on companies. The U.S. and other like-minded Member States 
believe that the merging of these areas during an audit may be 
appropriate at a future date but that enough time must be provided 
during a merged audit so that the current levels of detailed 
examination are maintained. The issue was referred to MSC 82 for 
review and further action. One possible action by MSC may be to 
refer the proposal to the joint MSC/MEPC working group to study 
revisions of the International Safety Management (ISM) Code. That 
group that will convene concurrent with MSC 82. 
 
¶4. Mandatory Reports Under MARPOL 73/78: FSI 14 noted that only 27 
parties and one associate member had submitted the required reports 
for 2004; a 21% compliance rate. The sub-committee agreed that the 
result and rate of mandatory reporting was disappointing in spite of 
simplification of the reporting form and again urged members to 
fulfill their mandatory obligations. In this regard, the S/C 
approved a draft FSI circular, encouraging member States to comply 
with the annual reporting requirements for MARPOL 73/78, as outlined 
in MEPC/Circ.318. 
 
¶5. Casualty Statistics and Investigations: The Sub-Committee 
considered the report of the Working Group on Casualty Statistics 
and Investigations which contained information based on the analysis 
of 75 reports of investigations into casualties, an overview of 
lessons learned and a draft text of narratives of lessons learned 
for presentation to seafarers. The Sub-Committee agreed to the text 
of the analyses and authorized their release to the public on the 
Global Integrated Shipping Information System (GISIS). The 
Sub-Committee agreed to the overview of lessons learned, and noted 
that reports on deaths resulting from entry into enclosed spaces and 
on deaths and serious injuries associated with mooring and unmooring 
ships were received with a disturbing regularity. The Sub-Committee 
agreed that Member States would 'target' such accidents with a view 
to submitting reports for analysis and possible reference to the 
appropriate technical sub-committees. The Sub-Committee approved the 
Lessons Learned for Presentation to Seafarers for release on the IMO 
website following the review carried out by the Secretariat in 
co-operation with the Chairmen of the relevant sub-committees. The 
correspondence group on casualty analysis was re-established. 
 
¶6. Review of the Code for the Investigation of Marine Casualties and 
Incidents: Having considered the outcome of the working group, the 
Sub-Committee noted the review of the entire Code for the 
investigation of marine casualties and incidents, including the 
Foreword, General provisions, Mandatory standards, and Recommended 
practices, which took into consideration resolution LEG.3(91). 
Having considered the text of the draft Code and, in particular, the 
 
LONDON 00005267  002 OF 003 
 
 
question of which parts should be made mandatory, the Sub-Committee 
agreed in principle that all the chapters contained in part II 
(Mandatory standards) should remain mandatory, subject to further 
review by a correspondence group. In this regard, the Sub-Committee 
agreed that chapter 3 (Application), chapter 4 (Responsible 
Authority), chapter 5 (Notification) and chapter 6 (Requirement to 
Investigate Very Serious Casualties) should be mandatory in their 
entirety, while chapter 7 (Flag State's Agreement With Another 
Substantially Interested State to Conduct a Marine Safety 
Investigation and chapter 8 (Powers to collect evidence) would need 
to be reviewed in order to remove provisions which were not 
considered as being mandatory. With regard to part III (Recommended 
practices), the Sub-Committee developed draft alternative text to be 
further considered, together with the entire revised draft Code for 
the investigation of marine casualties and incidents, 
intersessionally. To proceed with this work, the correspondence 
group on the Review of the Code for the Investigation of Marine 
Casualties and Incidents was re-established. 
 
¶7. Harmonization of Port State Control Activities: Port State 
Control (PSC) Regional Memoranda of Understanding (MOUs) presented 
statistics regarding their activities in 2004 and 2005. The USCG 
presented a report showing a continuing decline in the detention 
rate in U.S. ports. The Sub-committee requested that all PSC MOUs 
and the USCG submit annual reports to FSI 15. General discussion 
took place regarding the assistance provided by the more established 
PSC MOUs to the developing MOUs. It was noted that the Black Sea MOU 
had made significant improvements in its structure and created a 
"road map" for continued improvement. The S/C requested that their 
organization submit this information to FSI 15 to assist other 
developing MOUs with their improvement. The S/C convened a working 
group consisting of Member States and PSC MOUs to move forward on 
harmonization efforts. Broad areas of harmonization of PSC practices 
and data systems were discussed. Also the WG was tasked with the 
development of PSC Guidelines on inspection of seafarers' working 
hours and the associated draft MSC resolution to be submitted to MSC 
82 for adoption. A general framework was developed for a way forward 
on harmonization efforts and the PSC Guidelines were drafted. 
 
¶8. Development of guidelines for Port State Control under the 2004 
BWM Convention: The IMO Secretariat submitted a base document for 
review by FSI. Basic guidelines were developed by the previous 
session of the IMO's Sub-Committee on Bulk Liquids and Gases and 
this made up the Secretariat's submission. FSI 14 felt that it was 
premature to develop these guidelines before a standard sample 
analysis methodology is agreed upon. As a result, the Sub-Committee 
agreed to invite the MEPC to extend the target completion date of 
these Guidelines from 2006 to 2008. 
 
¶9. Review of the Survey Guidelines under the Harmonized System of 
Survey and Certification (HSSC)-(Resolution A.948(23)): The FSI S/C 
agreed to establish a working group to develop Guidelines for 
pre-planning of surveys in dry-dock of ships which are not subject 
to the Enhanced Programme of Inspections, to review the draft 
Guidelines on annual testing of Voyage Data Recorders (VDR) and 
simplified Voyage Data Recorders (S-VDR), to develop a draft form 
for the AIS Test Report, review the draft Survey Guidelines under 
the HSSC for the purpose of the BWM Convention for submission to 
MEPC 55, and for other tasks. The working group completed the 
majority of these tasks. The Sub-Committee, having noted the group's 
recommendation regarding future work on the review of resolution 
A.948(23), agreed to the establishment of a correspondence group, to 
further progress the work in the intersessional period. 
 
¶10. Development of survey guidelines required by regulation E-1 of 
the 2004 BWM Convention: The intersessional correspondence group for 
the Review of the Survey Guidelines under the Harmonized System of 
Survey and Certification took action on this issue between FSI 13 
and FSI 14. At FSI 14, the guidelines were finalized. However, as 
the BWM Convention has not yet entered into force, the S/C decided 
that the developed guidelines would be kept in abeyance as an annex 
to the S/C report. 
 
¶11. Port reception facilities-related issues: A draft action plan to 
combat the problem of inadequate reception facilities was developed 
and circulated to FSI 14 for review and action, as necessary. This 
action plan contained a brief description of the problem, a priority 
and the responsible IMO body to review the problem. The S/C 
systematically reviewed the action plan and submitted requested 
changes to MEPC 55 for their approval. 
 
¶12. Consideration of IACS Unified Interpretations: One small issue 
relating to the amendment of certificates issued under the 
International Ship and Port Facility Security Code was brought to 
 
LONDON 00005267  003 OF 003 
 
 
the attention of the S/C. After a brief discussion, the issue was 
forwarded to MSC 82 for their consideration/action. 
 
¶13. Illegal, Unreported, and Unregulated (IUU) Fishing: The IMO 
Secretariat submitted one paper under this agenda item outlining 
 
SIPDIS 
their activities relating to IUU Fishing since the last S/C meeting. 
They urged members to become contracting parties to the 1993 
Torremolinos Protocol and the 1995 STCW-F Convention with hopes that 
this will improve problems associated with safety and IUU Fishing. 
The paper also outlined the past and future joint meetings between 
the IMO and the Food and Agriculture Organization of the United 
Nations. The next joint meeting is to take place in July 2007. 
Preparations are ongoing. Some member States expressed their support 
for the work carried out by the IMO and FAO to combat IUU Fishing 
and promote a safe working environment aboard fishing vessels. 
¶14. Election of Chairman and Vice-Chairman for 2007: The 
sub-committee re-elected by acclamation Mrs. Tatjana Krilic of 
Croatia as chairman and Captain Guillermo Rangel of Venezuela as 
vice-chairman for 2006 and 2007. 
 
¶15. Next Session: The chairman announced that FSI 14 is tentatively 
scheduled for 04-08 June 2007 at the Royal Horticultural Halls and 
Conference Centre in London. FSI 14 agreed that the following 
working groups are expected to be established at FSI 15: casualty 
analysis and review of the Code for the investigation of marine 
casualties and incidents, review of the Survey Guidelines under the 
HSSC (resolution A.948(23)), and harmonization of port State control 
activities and development of guidelines on port State control under 
the 2004 BWM Convention. Other major areas of consideration expected 
to be discussed during FSI 15 will include: Mandatory Reports Under 
MARPOL 73/78; Port reception facilities-related issues, 
Comprehensive analysis of difficulties encountered in the 
implementation of IMO Instruments, Development of guidelines on port 
State control under the 2004 BWM Convention, and Review of the Code 
for the investigation of marine casualties and incidents. 
 
TUTTLE