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FM AMEMBASSY LONDON
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INFO RUWDQAC/COMDT COGARD WASHINGTON DC//CG-001/CG-ACO-I/CG-094//
RUWDQAC/COMDT COGARD WASHINGTON DC//CG-2/CG-5/CG-52/CG-521//
RUWDQAC/COMDT COGARD WASHINGTON DC//CG-522/CG-523/CG-534//
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RUWDQAC/COMDT COGARD WASHINGTON DC//CG-543/CG-62/CG-7M//

UNCLAS LONDON 002035 
 
SIPDIS 
 
STATE PLEASE PASS TO DOJ, MARAD AND NTSB 
 
E.O. 12958: N/A 
TAGS: AORC EWWT PHSA UK TU JA
 
SUBJECT: IMO: FLAG STATE IMPLEMENTATION SUB-COMMITTEE - 
REPORT OF THE 16TH SESSION, LONDON, 2 - 6 JUNE 2008. 
 
¶1. SUMMARY: The International Maritime Organization (IMO) 
16th Session of the Flag State Implementation Sub- 
Committee (FSI 16) met at IMO Headquarters, London, UK. 
Mrs. Tatjana Krilic of Croatia chaired the meeting. The 
meeting was attended by eighty members, three associate 
members, one state not a member of the IMO, one United 
Nations specialized agency, eight intergovernmental 
organizations and seventeen nongovernmental 
organizations. FSI 16 agreed to: 
 
-- The draft amendments to the Survey Guidelines under 
the Harmonized System of Survey and Certification (HSSC) 
resolution A.997(25) and the identification of amendments 
to mandatory instruments that would affect the HSSC and 
the status of their adoption or entry into force. 
 
-- The text of the draft Maritime Safety Committee (MSC) 
circular on the meaning of "First Survey" to supersede 
MSC/Circ.1141 to be submitted to MSC 85 (November 26 - 
December 5, 2008) for approval 
-- The text of the draft MSC circular on unified 
interpretation of the application of regulations governed 
by the building contract date, the keel laying date and 
the delivery date for the requirements of the Safety of 
Life at Sea (SOLAS) and the Maritime Pollution Prevention 
(MARPOL) Conventions to be submitted to Marine 
Environmental Protection Committee MEPC 58 (October 6-10, 
2008) and MSC 85 for approval. 
 
-- The draft MSC/MEPC circular on blanking (sealing) of 
bilge discharge piping system in port. 
 
-- FSC 16 prepared a draft amendment to MSC-MEPC.3/Circ.1 
based on the revision of the IMO Damage Card. 
END SUMMARY 
 
Decisions of other IMO Bodies 
----------------------------- 
¶2. The Secretariat gave an overview of the Strategic Plan 
and High-Level Action Plan of the Organization and its 
relationship to the FSI and other IMO bodies. 
Specifically, how each IMO body must take the goals of 
the organization into account during the development and 
monitoring of their planned outputs. 
 
Responsibilities of Governments and 
Measures to Encourage Flag State Compliance 
------------------------------------------- 
¶3. Meeting document 16/3/1, presented by the Secretariat, 
proposes that IMO create a database of non-mandatory 
instruments implemented by Member States. The USDEL 
intervened and expressed our concern that the Global 
Integrated Shipping Information System (GISIS) module, as 
proposed, would create unnecessary expectations on Member 
States to provide details of implementing national 
legislation for non-mandatory instruments. Other Member 
States agreed with our position and there was very 
limited support for the creation of this module. However, 
the Secretariat provided additional background on how 
this information would benefit developing states, and the 
S/C agreed to the creation and voluntary population of 
the GISIS module. Significant discussions under this 
agenda item took place while the S/C reviewed various 
studies of Port State Control (PSC) data. These studies 
attempted to show a connection between casualty and other 
performance indicators and substandard vessels. A 
Drafting Group was established to develop terms of 
reference for a comprehensive study to be completed by an 
outside, expert organization. The Secretariat had 
recommended the World Maritime University (WMU) as the 
expert organization. However, the USDEL and others felt 
that restricting ourselves to the WMU was unwise and that 
a solicitation of other expert organizations may reduce 
the cost and identify parties with greater expertise in 
this area. This was agreed upon and FSI 17 will review 
the submitted proposals and decide which organization is 
best to carry out this work. 
 
Mandatory Reports under MARPOL 
------------------------------ 
¶4. FSI 16 noted that only 34 parties (including the 
United States) and one associate member had submitted the 
required reports for 2006, approximately a 25% compliance 
rate. The S/C agreed that the compliance rate was 
disappointing in spite of simplification of the reporting 
 
form and again urged members to fulfill their 
obligations. Member States were encouraged to comply with 
the annual reporting requirements for MARPOL 73/78, as 
outlined in MEPC/Circ.318. 
 
Port Reception Facilities-Related Issues 
---------------------------------------- 
¶5. The coordinator of the correspondence group (Portugal) 
updated the S/C on the progress under its terms of 
reference. Specifically, four of the eight assigned tasks 
remain to be addressed. The S/C agreed that the 
correspondence group should continue and instructed it to 
report its work to FSI 17 for further consideration by 
the S/C. At the request of the Secretariat and 
Chairperson, the USDEL agreed to serve as coordinator for 
the reestablished correspondence group. Portugal had 
previously asked to relinquish that role. 
 
Casualty Statistics and Investigations 
-------------------------------------- 
¶6. The S/C considered the report of the Correspondence 
Group on Casualty Analysis, confirmed the analyses of 
casualty reports, authorized their release, and approved 
the lessons learned for presentation to seafarers and 
posting on the IMO website. The S/C prepared a draft 
amendment to MSC-MEPC.3/Circ.1 based on the revision of 
the IMO Damage Card by the 49th Session of the Sub - 
 
Committee of Stability, Loadlines, and Fishing Vessel 
Safety (SLF) and on the need for harmonization of 
terminologies for submission to MSC 85 and MEPC 58. In 
considering the issues involved in the fire on the roll 
on/roll off (ro-ro) cargo ship UND ADRIYATTIK, the S/C 
agreed that Turkey and Croatia should be commended for 
their efforts and for responding with a preliminary 
report very soon after the accident, and that the 
preliminary findings should be provided to the Fire 
Protection (FP) and Ship Design and Equipment (DE) Sub- 
Committees. The S/C considered the investigation report 
on the catastrophic structural failure of the 
containership MSC NAPOLI, and recommended to the MSC that 
the accident report be referred to the Sub-Committee on 
Ship Design and Equipment and the Joint MEPC-MSC Working 
Group on the Human Element, national maritime 
administrations be invited to share the report's 
recommendations with their vessel owners and operators, 
and International Association of Classification Societies 
(IACS) be requested to provide an update on its review of 
relevant standards. The S/C also noted the work by 
Incident Command System (ICS) to develop a Code of Good 
Practice for the Container Shipping Industry, and 
recommended that MSC consider further appropriate action 
when the Code is completed. The S/C noted the information 
provided on the recovery of the Vessel Data Recorder 
(VDR) from the sunken AL SALAM BOCCACCIO '98, discussed 
the difficulties expressed by several delegations with 
the operation of VDRs, and invited members to provide 
additional information at the next session. The 
correspondence group on casualty analysis was re- 
established. 
 
Harmonization of Port State Control (PSC) 
---------------------------------------- 
¶7. PSC Regional Memoranda of Understanding (MOUs) 
presented statistics regarding their activities in 2006 
and 2007. The USDEL presented an oral report of our 2007 
statistics. The S/C requested that all PSC MOUs and the 
United States submit annual reports to FSI 17. In 
addition, discussed harmonized annual reports and 
referred the issue to the working group. FSI 15 
established an intersessional correspondence group to 
further the work in PSC harmonization efforts. 
Unfortunately, the Polish chairmanship of the 
correspondence group - like the Russian chairmanship 
before it, did not move any issues forward, so very 
limited work was completed in this important area for 
more than two years. FSI 16 reestablished the 
correspondence group with Australia as coordinator, and 
we have submitted our contact information to participate. 
We are hopeful that significant progress will be made 
intersessionally. The United States made an intervention 
regarding our efforts to create the Caribbean Cargo Ship 
Safety Code for non-SOLAS vessels showing that such 
regional efforts can be used for a harmonized approach to 
these types of vessels. The Secretariat has asked that 
these types of agreements or codes be submitted to the 
 
Organization for recordkeeping purposes. Finally, there 
were significant discussions on the harmonization efforts 
of Member States for information coding systems (for data 
exchange) and examination procedures. Due to the limited 
time provided to the working group it was decided that 
these issues should be referred to the correspondence 
group. 
 
Development of Guidelines on Port State Control 
--------------------------------------------- -- 
¶8. With respect to the 2004 Ballast Water Management 
(BWM) Convention, USDEL suggested that it was premature 
to develop these guidelines in light of the significant 
substantive issues yet to be resolved, such as the 
guidelines for ballast water sampling (G2), the available 
time prior to prospective entry into force, and the large 
amount of other work assigned to the PSC working group. 
USDEL further suggested deferring further work on this 
item until FSI 17, but that a correspondence group might 
be a useful way to proceed. There was support for the USG 
statement, including from ICS, which has played a very 
significant role in the development of the BWM Convention 
implementation efforts. The S/C tasked the PSC 
correspondence group with advancing this item and 
reporting to FSI 17. 
 
PSC Guidelines on seafarers' working hours 
------------------------------------------ 
¶9. No substantive discussion under this agenda item. FSI 
16 briefly reviewed the submission on the outcome of 
Standards of Training, Certification and Watchkeeping 
(STW) 39 and deferred further discussion of this matter 
until after MSC 85 had reviewed STW 39's comments. The 
Secretariat also provided information on the upcoming 
International Labor Organization (ILO) meeting on the 
development of Flag State and Port State Guidelines for 
the implementation of the ILO's Maritime Labor 
Convention, 2006. 
 
Comprehensive analysis of difficulties 
encountered in the implementation of IMO instruments 
--------------------------------------------- ------- 
¶10. The Secretariat briefly discussed the issue of Self 
Assessment Forms (SAFs), particularly those submitted to 
the IMO. The Secretariat encouraged Member States to 
submit new or updated SAFs to the Organization. There was 
discussion on the removal of this agenda item from the 
work program due to the limited number of documents 
submitted in past years. However, the consensus was to 
retain the agenda item and use it to capture the issues 
identified by the auditors during the Voluntary Member 
State Audit Scheme (VMSAS) audits. 
 
Review of the Survey Guidelines 
under the HSSC Resolution A.997(23) 
---------------------------------- 
¶11. The coordinator of the correspondence group (France) 
updated the Sub-Committee on the progress under its terms 
of reference. There are two ongoing tasks for the group, 
updating the non-mandatory guidance contained in the 
Harmonized System of Survey and Certification (HSSC) and 
updating the Code for the Implementation of IMO Mandatory 
Instruments (Resolution A.996(25)). At the request of the 
MSC 83 and MSC 84, the correspondence group and the 
working group were tasked to consider a proposal by the 
Bahamas and Cruise Line International Association (CLIA) 
to allow passenger/cruise ships to be drydocked out of 
the water only once every five years instead of twice 
every five years as recommended by the current HSSC. The 
United States and Panama had sponsored a paper at last 
year's FSI meeting to formally establish guidance that 
passenger ships should come out of the water for 
examination at least twice in a five-year period, but not 
more than three years between and two drydockings. The 
United States/Panama proposal was accepted and is now 
part of the HSSC. The Bahamas and Cruise Lines 
International Association (CLIA), having failed to gain 
majority support at FSI 16 and in the correspondence 
group, seek to reopen the discussion. The FSI Chairman 
postponed consideration of this issue to next year's FSI 
meeting pending an intermediate technical review by the 
Ship Design and Equipment Sub-Committee on the matter. A 
proposal by the Republic of Korea to require annual 
testing of the Automatic Identification System (AIS) by a 
radio technician was not adopted. The working group 
 
accepted a list of technical amendments to the HSSC and 
to the list of IMO mandatory instruments that came into 
force over the course of the past year. 
 
Consideration of IACS Unified Interpretations 
--------------------------------------------- 
¶12. This issue was addressed as part of the HSSC working 
group. International Association of Classification 
Societies (IACS) submitted a paper that defined the first 
survey of a ship to be the survey conducted at the end of 
construction. This was significant because some new IMO 
regulations become effective at the first survey of a 
ship after the new requirements come into force. Some 
Flag Administrations and ship owners had contended that 
the first survey is the first annual survey that occurs 
after the ship is initially certificated vice the survey 
for issuance of the initial certificate. The United 
States supported the IACS proposal, which was adopted, as 
reflective of the true intent of the term "first survey." 
 
Illegal, Unreported, and Unregulated (IUU) 
Fishing and Implementation of Resolution A.925(22) 
--------------------------------------------- ---- 
¶13. The IMO Secretariat submitted one paper under this 
agenda item outlining its activities relating to IUU 
Fishing since the last FSI meeting. The Secretariat urged 
members to become contracting parties to the 1993 
Torremolinos Protocol and the 1995 Standards of Training, 
Certification & Watchkeeping - Fishing Vessels (STCW-F) 
Convention with hopes that this would reduce problems 
associated with safety and IUU Fishing. The paper also 
provided information on past and future joint meetings 
between the IMO and the UN Food and Agriculture 
Organization (FAO). The FAO spoke at length regarding its 
activities and how the IMO and its Member States have 
assisted in providing necessary expertise in an effort to 
reduce IUU Fishing. 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. 
 
Review of the Code for the 
Implementation of Mandatory IMO Instruments 
------------------------------------------- 
¶14. There were two substantive issues under this agenda 
item. First, review of the applicability of existing IMO 
instruments to floating production, storage and 
offloading facilities (FPSOs) and floating storage units 
(FSUs). And further, the need to create a separate set of 
guidelines or a code for these vessel types. The majority 
of the Member States felt that the existing instruments 
were sufficient and also recognized the sovereignty of 
Coastal States in defining their own requirements for 
such vessels operating in their waters. However, there 
were a small number of Member States that voiced concern 
that they do not possess the necessary expertise within 
their maritime administrations to implement appropriate 
requirements, when acting as a Coastal State. As a 
result, the S/C requested interested Member States to 
make submissions to MSC 85 for review and action as 
appropriate. It was noted that the Oil Companies 
International Marine Forum (OCIMF) will submit a meeting 
document to MSC 85 containing guidelines for use by 
Coastal States, owners and operators for the safe 
operation of these vessels. OCIMF has informally asked 
for U.S. support of this paper. The second substantive 
issue related to the development of Voluntary Member 
State Audit Scheme (VMSAS) audit summary reports. Due to 
the high priority of this task, a drafting group under 
U.S. chairmanship was established. The drafting group 
created the terms of reference for the intersessional 
correspondence group to move the issue forward. The 
United Kingdom will chair the correspondence group and 
the United States will participate. 
 
Work Program and Agenda for FSI 17 
--------------------------------- 
¶15. There was substantial debate over the work program and 
in particular with regard to the number and specific 
designation of working groups, drafting groups, and 
correspondence groups. Several open registry delegations 
repeated their familiar concerns that the S/C was 
establishing too many groups, given the rules of the 
organization. This has become a recurrent theme at IMO 
sessions of all levels. There was robust debate over 
 
reconciling the provisional agenda for FSI 17 with the 
actual work program for the S/C and its references to the 
high level action plan for the organization. Japan 
introduced its paper calling for development of a code 
governing demonstrations/campaigns against ships on the 
high seas. Significant discussion occurred about this item 
on the margins, including at MSC 84, on how best to deal 
with this tasking from MSC 82. Ultimately, Japan chose to 
introduce its paper with a recommendation to allow the 
Safety of Navigation (NAV) Sub-Committee, which is 
designated as the coordinator, to consider the issue prior 
to FSI engaging in any substantive way. This 
recommendation was consistent with the USG position and 
was quickly agreed by the S/C as the appropriate course of 
action. The USDEL to NAV 54 has been briefed on the issue 
and is prepared to suggest a statement or resolution from 
the organization as a more appropriate output than a code, 
as MSC has directed. If NAV adopts this approach, the 
USDEL for MSC 85 will need to be prepared accordingly, 
when the report from NAV 54 is considered. 
 
Election of Chairman and Vice-Chairman for 2009 
--------------------------------------------- -- 
¶16. The Sub-Committee reelected by acclamation Mrs. 
Tatjana Krilic of Croatia as chairman and Captain Dwain 
Hutchinson of the Bahamas as vice-chairman. 
 
Other Business 
-------------- 
¶17. Secretariat staff briefly introduced various items 
related to the IMO's Global Integrated Shipping 
Information SYSTEM (GISIS). In particular, they noted the 
use of their new functionality for online update of 
National Points of Contact and the current status of 
usage for the Port Reception Facility Database module. 
The United States supports the efforts of the IMO in the 
use of GISIS and its future developments. We are regular 
contributors to various modules of the system, and we are 
working closely with the IMO regarding the upload of our 
many reception facilities into their new database. 
 
Next Session 
------------ 
¶18. The chairman announced that FSI 17 is tentatively 
scheduled for 20-24 April 2009 at IMO Headquarters in 
London. FSI 16 agreed that the following working groups 
are expected to be established at FSI 17: casualty 
analysis, review of the Survey Guidelines under the HSSC 
(resolution A.948(23)) and the Code for implementation of 
mandatory IMO instruments, and harmonization of PSC 
activities. Other major areas of consideration expected 
to be discussed during FSI 17 will include: Consolidated 
Audit Summary Reports; PSC Guidelines for the 2004 BWM 
Convention; Port reception facilities-related issues and 
comprehensive analysis of difficulties encountered in the 
implementation of IMO Instruments. 
LEBARON