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2.how Imo Convention Comes Into Force
2.how Imo Convention Comes Into Force
One thing that no seafarer can avoid is to not to deal with IMO conventions.
IMO conventions run the shipping trade.
➢ there would be many more sub-standard ships I say this even when I am of the opinion that few of the
But for we seafarers who are not maritime lawyers, the process of IMO conventions confuse us.
After all, there are so many terms associated with the IMO conventions. Protocol, code, resolution,
But what I am here to discuss today is the process birth of an IMO convention and how and when it is
amended.
Let us start.
Need for a new IMO conventions
Before we discuss anything about IMO conventions, we need to know who decides if a new IMO
convention is required?
Let us think of few of the IMO conventions. What triggered the need for these conventions?
❖ SOLAS: The sinking of Titanic and loss of more than1500 people triggered the need of a
convention that could look into the safety issues. That led to the formation of SOLAS convention.
❖ MARPOL: Grounding and oil pollution from oil tanker Torrey Canyon alerted the world to the
dangers of oil tankers. This incident and many other oil pollution incidents in mid 60’s led
to MARPOL convention.
❖ ISM: The sinking of Herald of free enterprise highlighted the issue of “Human error” and IMO
responded with the introduction of ISM code.
❖ Ballast water convention: Various studies found that when ballast water is a dangerous
source of the relocation of many organisms in water. If suitable conditions exist in this release
environment, these species will survive and reproduce and become invasive species.
Even the enhanced survey programme was introduced as a result series of loss of the bulk carriers because of
structural failures.
Bottom line is that whenever IMO finds any weak link, it responds with either bringing a new convention or
When the IMO identifies a need for a new convention, it starts the process of bringing it into force.
The mere fact that the ballast water convention entered into force after 13 years of its adoption would suggest
draft convention.
1. Draft convention
The session of the committee is held every 6 months. Based on the information and research, any member
state can propose the need for a new convention. If satisfied with the merits of the proposal, the committee
If the Council or Assembly accepts the proposal, it would authorize the committee to proceed with the work.
The committee will then work on this proposal in detail and will draw a draft convention.
This draft convention is then sent to the Council and the Assembly. At this point, the committee would also
recommend the Council and Assembly for a conference for the adoption of the convention.
2. Adoption of the convention
The Council or the Assembly would set a date for the conference for the adoption of the convention and
communicate this date to all the member states. The draft convention is also circulated to all the member
states for their comments. The committee examines the comments (if any) from the various member states to
In the conference, the amended draft convention is presented to the member states. Once the majority of the
member states present agree with the final draft of the convention, it is formally considered adopted.
The adopted convention is then sent to the Secretary General of the IMO who sends the copies to all the
member states.
3. Ratification of the
convention
An adopted convention is still not
For example, Article 18 of the Ballast water convention has set the conditions for entry into force of the
convention as
The convention will enter into force 12 months after ratification by a minimum of 30 States, representing 35
How many states and how much tonnage percentage for ratification is decided by the committee and agreed
by the member states during the adoption process. Generally, the stricter convention would require more
number of states and tonnage to ratify the convention for its entry into force.
signature.
In this method, the representative of the member state signs on the sheet provided by the IMO. The member
remark such as
acceptance or approval
convention by signature.
By Ratification
If a member state has signed the convention subject to ratification, acceptance or approval, this member state
would not be considered to have shown its consent for the convention.
This means that IMO would still not consider this state as the one which has ratified the convention.
This member state is required to deposit a document called “instrument of ratification” to the depository of the
convention. In simple terms, the depository is the department which keeps the track of member states that
By Accession
IMO sets a time frame (say, 12 months after adoption) for the acceptance of the convention by signature.
After this time frame is over, the member states can show their consent by accession.
Accession is the method used by a State to become a party to a treaty which it did not sign whilst the treaty
A member state is considered to have become the party to the convention when it deposits the “instrument of
As of Jan 2016, the convention was ratified by more than 30 states but it still was short of 35% of world
shipping tonnage.
In September 2016, when Finland submitted the “Instrument of accession” to the IMO the conditions required
Following the accession by Finland, the ballast water convention entered into force on 04th Sept 2017.
After the convention has been ratified by the required number of states with the required total tonnage, it
For ballast water convention, this time was set at 12 months after ratifications of the convention.
The member states which have ratified the convention need to include the convention in their country’s law.
This means that the state needs to amend their “merchant shipping act” (if that is what this law is called in that
country).
When the convention finally enters into force, the countries that have ratified the convention would have the
This way the convention becomes legally binding on the ships that fly the flag of the contracting states to the
convention.
IMO not only works to bring new conventions but also continuously works on improving the existing
Let us look at the stages of process of amendments of a convention by consideration within the IMO.
Proposal
The proposal for amendments of a convention can be initiated by any contracting states. The proposal is made
The SG would pass the amendment proposal to MSC or MEPC for review.
MSC or MEPC would draft the resolution and submit the resolution for adoption.
Adoption of resolution
Once MSC or MEPC have the draft of the resolution, these are forwarded for adoption.
Resolutions are adopted by voting in Maritime safety committee or Maritime Environment Protection
Committee.
▪ At least two-third of the contracting governments present should vote in favor of the resolution.
Acceptance of resolution
on the resolution.
acceptance”.
implied (assumed) that a contracting state has accepted the resolution if it does not oppose it within a
The conditions of the acceptance of a resolution are provided in one of the articles of the original convention
itself.
2. Amendment by Conference
In this way, a group of at least one-third of the contracting governments need to propose the amendment to the
The committee would then call for a conference of all the contracting states for that convention for the
The process of adoption and acceptance is similar to what we discussed earlier under “amendment by
Why?
As one-third of the contracting states have proposed the amendment, they all would most certainly be present
for voting.
2. At least two-third of the contracting governments present should vote in favor of resolution
Even if all the contracting states were present for voting, the one-third are already sure of voting in favor of
the amendment.
3. Amendment by Protocol
The protocol is not exactly an amendment. It is a convention within a convention. Sometimes a change is
o A change to include a new area in the convention (for example inclusion of Annex VI in the
Marpol)
The states that had ratified the original convention may not accept the protocol to the convention.
For this reason, the protocol to a convention enters into force in the same way as a convention would have.
This means that a particular number of states with the certain percentage of world’s tonnage need to ratify the
Even when a protocol enters into force, it will only be binding to the countries that have ratified the protocol.
It will not be binding on all the contracting states to the original convention.
As you can see that out of 163 countries that ratified the SOLAS convention, 43 countries still have not
And 53 countries that ratified the SOLAS convention have till date have not ratified the 1988 protocol to the
SOLAS convention.
Conclusion
Among many other things, IMO’s work include creating new and amending existing conventions to help ships
face the challenges at the sea. As seafarers, to understand the signficance of these conventions we must
understand how these conventions are brought and how these conventions are amended.
Prepared by
Captain Md. Mozaharul Islam
Visiting Lecturer, 34th Batch, BMA