Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 58-905 of 27 September 1958 publishing the Convention on the Establishment of the Intergovernmental Consultative Organization for Maritime Navigation, signed at Geneva on 6 March 1948;
Vu le Decree No. 80-369 of 14 May 1980 issuing the 1974 International Convention for the Protection of Human Life at Sea (as a whole annex), made in London on 1 November 1974,
Decrete:
MSC resolution. 104 (73) on the adoption of amendments to the International Security Management Code (ISM Code), adopted in London on 5 December 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
MSC RESOLUTION. 104 (73) RELATIVE TO AMENDMENT ADOPTION TO THE INTERNATIONAL SECURITY MANAGEMENT CODE (ID ISM) (SEMBLE ANNEX)
THE COMMITTEE ON MARITIME SECURITY,
RECALLING Article 28 (b) of the Convention establishing the International Maritime Organization, which deals with the functions of the Committee,
OVERVIEW Resolution A.741(18), by which the Assembly, at its eighteenth session, adopted the International Code of Management for the Safety of Ships and Pollution Prevention (International Safety Management Code [ISM Code]),
REPRESENTATIVE OF Resolution A.788(19), by which the Assembly, at its nineteenth session, adopted the Guidelines on the Application of the International Safety Management Code (ISM Code) by the Administrations (the Guidelines),
RECOGNIZING the need to incorporate in the ISM Code the provisions of the Guidelines concerning the validity of certificates, provisional certificates and certificate models,
NOTING the provisions of Article VIII (b) and Rule IX/1.1 of the 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention) (hereinafter referred to as the "Convention") relating to the procedure for amending the ISM Code,
EXAMINated YANT, at its seventy-third session, the amendments to the ISM Code that had been proposed and circulated in accordance with Article VIII (b) (i) of the Convention,
1. ADOPTE, in accordance with Article VIII (b) (iv) of the Convention, the amendments to the ISM Code annexed to this resolution;
2. DECIDE, in accordance with Article VIII (b) (vi) (2) (b) of the Convention, that the amendments shall be deemed to have been accepted on 1 January 2002 unless, before that date, more than one third of the Contracting Governments to the Convention, or of the Contracting Governments whose merchant fleets total 50 per cent or more of the gross tonnage of the world fleet of trade ships, have not notified that they raise such objections
3. REQUESTS the Contracting Governments to note that, in accordance with Article VIII (b) (vii)(2) of the Convention, these amendments shall enter into force on 1 July 2002 after being accepted in accordance with the procedure described in paragraph 2 above;
4. Requests the Secretary-General, in accordance with Article VIII (b) (v) of the Convention, to provide certified copies of this resolution and the text of the amendments annexed to it to all Contracting Governments to the Convention;
5. IMPLEMENTATION OF THE Secretary-General to provide copies of the resolution and its annex to the Members of the Organization who are not Contracting Governments to the Convention.
A N N E X E
AMENDMENTS TO INTERNATIONAL CODE
SECURITY MANAGEMENT (ISM Code)
1. Add the new title: "Part A. ― IMPLEMENTATION" before "1. GENERAL".
1. General
2. The following sentence is inserted between paragraph 1.1. Definitions » and paragraph 1.1.1:
"These definitions apply to both Part A and Part B of this Code. »
3. The following new definitions are added after paragraph 1.1.3:
"1.1.4. Safety Management System means a structured and documented system that allows company staff to effectively implement the company's safety and environmental policy.
1.1.5. Compliance document means a document issued to a company that meets the requirements of this Code.
1.1.6. Safety Management Certificate means a document issued to a vessel to certify that company management and on-board management are consistent with the approved safety management system.
1.1.7. Objective evidence means any information, document or statement of quantitative or qualitative facts relating to the safety or existence and application of an element of the security management system, which is based on findings, measures or tests and can be verified.
1.1.8. Finding refers to a statement of facts established during a security management audit and supported by objective evidence.
1.1.9. Failure to comply is a recognized situation in which objective evidence shows that a specified requirement has not been observed.
1.1.10. Default of major compliance means an identifiable irregularity that poses a serious threat to the safety of personnel or ship or a serious risk to the environment and that requires immediate corrective action, and includes the effective and systematic non-application of a requirement of this Code.
1.1.11. Birthday date is the day and month of the year corresponding to the expiry date of the relevant certificate.
1.1.12. Convention means the 1974 International Convention for the Protection of Human Life at Sea, as amended. »
7. Plans for operations on board
4. The current text of Chapter 7 is replaced by the following:
"The company should set out the procedures to be followed for the establishment of plans and instructions, including checklists, as appropriate, for the main ship safety and pollution prevention operations. The various tasks involved should be defined and assigned to qualified personnel. »
13. Certificate, verification and control
5. The title and text of the existing chapter 13 are replaced by the following:
“Part B
Certification and verification
« 13. Certification and periodic audit
13.1. The vessel should be operated by a company to which a compliance document or interim compliance document has been issued, in accordance with paragraph 14.1.
13.2. The compliance document should be issued by the Administration, by an agency recognized by the Administration or, at the request of the Administration, by another Contracting Government to the Convention, to any company that meets the requirements of this ISM Code for a period specified by the Administration not exceeding five years. Such a document should be accepted as evidence that the company is capable of meeting the requirements of this Code.
13.3. The compliance document is valid for the types of vessels that are expressly indicated in this document. This indication should be based on the types of vessels on which the initial audit was based. Other types of vessels should only be added when it has been verified that the company is able to meet the requirements of this Code applicable to these types of vessels. In this context, the types of vessels are those referred to in Rule IX/I of the Convention.
13.4. The validity of the compliance document should be verified annually by the Administration, by an organization recognized by the Administration or, at the request of the Authority, by another Contracting Government in the three months preceding or following the anniversary date.
13.5. The compliance document should be withdrawn by the Administration or, at its request, by the Contracting Government which issued it, where the annual verification prescribed in paragraph 13.4 is not requested or if there is evidence of major failure to comply with this Code.
13.5.1. If the compliance document is withdrawn, all security management certificates and/or interim security management certificates associated with this document should also be withdrawn.
13.6. A copy of the compliance document should be placed on board so that the master of the vessel may, upon request, submit it for verification by the Authority or by an organization recognized by the Administration or for the control referred to in Rule IX/6.2 of the Convention. The copy must not be authenticated or certified.
13.7. The Safety Management Certificate should be issued to a vessel, for a period not exceeding five years, by the Administration or by an organization recognized by the Administration or, at the request of the Authority, by another Contracting Government. The Safety Management Certificate should be issued after verification that company management and on-board management comply with the approved safety management system. This certificate should be accepted as proof that the company meets the requirements of this Code.
13.8. The validity of the Safety Management Certificate should be subject to at least one intermediate audit by the Administration, by an organization recognized by the Administration or, at the request of the Administration, by another Contracting Government. If a single intermediate audit is planned and if the security management certificate is valid for a period of five years, the audit should take place between the second and third anniversary of the issuance of the Safety Management Certificate.
13.9. In addition to the requirements of paragraph 13.5.1., the Safety Management Certificate should be withdrawn by the Administration or, at the request of the Administration, by the Contracting Government which issued it, when the intermediate verification prescribed in paragraph 13.8 is not requested or if there is evidence of a major breach of compliance with this Code.
13.10. Notwithstanding the requirements of subsections 13.2 and 13.7, where the renewal verification is completed within three months before the expiry date of the existing compliance document or security management certificate, the new document or certificate should be valid from the date of completion of the verification for renewal for a period not exceeding five years from the expiry date of the existing document or certificate.
13.11. When the renewal audit is completed more than three months before the expiry date of the existing compliance document or security management certificate, the new document or certificate should be valid from the date of completion of the audit for a renewal period not exceeding five years from the date of completion of the audit for renewal purposes. »
6. After chapter 13, add the following new chapter 14:
« 14. Provisional certification
14.1. An interim compliance document may be issued to facilitate the initial implementation of this Code when:
1 a company has just been created; or
2 new types of vessels shall be covered by the existing compliance document,
after verification that the company has a security management system that meets the objectives set out in paragraph 1.2.3. of this Code, provided that the company demonstrates that it has planned the application of a security management system that meets all the requirements of this Code during the period of validity of the interim compliance document. This interim compliance document should be issued for a period not exceeding 12 months by the Administration, by an organization recognized by the Administration or, at the request of the Authority, by another Contracting Government. A copy of the interim compliance document should be placed on board so that the master of the vessel may, upon request, submit it for verification by the Administration or by an organization recognized by the Administration or for the control referred to in Rule IX/6.2 of the Convention. The copy must not be authenticated or certified.
14.2. A provisional security management certificate may be issued:
1 to new vessels at the time of delivery; or
2 when a company supports the operation of a new ship; or
3 when a vessel changes its flag.
This Interim Security Management Certificate should be issued for a period not exceeding six months by the Administration, by an organization recognized by the Administration or, at the request of the Administration, by another Contracting Government.
14.3. In particular cases, the Administration or, at the request of the Administration, another Contracting Government may extend the validity of the interim certificate for an additional period not to exceed six months from the expiry date of the certificate.
14.4. A Interim Security Management Certificate may be issued after verification that:
1 the conformity document, or the provisional document, corresponds to the vessel in question;
2 the company's safety management system for the vessel in question includes the key elements of this Code and either that it was assessed during the audit conducted for the issuance of the compliance document or that it was demonstrated that it met the requirements for the issuance of the interim compliance document;
3 the company planned a control of the vessel's management within three months;
4 the master and senior officers are familiar with the security management system and the provisions for its implementation;
5 the instructions that are considered essential are given before the equipment; and
6 relevant information on the safety management system has been provided in a working language or in languages that the vessel staff understands. »
7. After chapter 14, add the following new chapter 15:
« 15. Audit
All audits required under the provisions of this Code should be conducted in accordance with procedures deemed acceptable by the Administration, taking into account the guidelines developed by the Organization. »
8. After the new chapter 15, add the following new chapter 16:
“16. Certificate models
16.1. The compliance document, the Safety Management Certificate, the Interim Compliance Document and the Interim Security Management Certificate should be prepared in accordance with the models set out in the appendix to this Code. When the language used is neither English nor French, the text should include a translation into one of these languages.
16.2. In addition to the requirements of paragraph 13.3, the types of vessels indicated on the compliance document and on the interim compliance document may be added to the vessel's operation limitations described in the safety management system. »
9. The following appendix is added:
« A P E N D I C E
MODLES OF CONFORMITY DOCUMENT, CERTIFICATE OF SAFETY MANAGEMENT, PROVISIONAL CONFORMITY DOCUMENT AND PROVISIONAL SAFETY CERTIFICATE
Compliance document
(State)
Certificate No.
issued under the provisions of the 1974 International Convention for the Protection of Human Life at Sea, as amended
Under the authority of the Government
(State name)
By
(Persons or authorized bodies)
Company name and address
(See paragraph 1.1.2.)
ISM Code)
IS CERTIFIED that the company's safety management system has been audited and that it meets the requirements of the International Code of Management for the Safety of Ships and Pollution Prevention (ISM Code), for the types of vessels listed below (remove unnecessary references):
Passenger ship
High-speed passenger equipment
High-speed cargo equipment
Vraquier
Petrol
Chemical carrier
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This compliance document is valid until
subject to periodic verification.
Delivered to
(The place of issue of the document)
Date of issuance
(Signature of duly authorized officer
issuing the document)
(Cachet or stamp, as applicable,
the authority issuing the document)
Certificate No.
Annual Audit Visa
It is CERTIFIED that, during the periodic verification conducted under Rule IX/6.1 of the Convention and paragraph 13.4 of the ISM Code, it was found that the security management system met the requirements of the ISM Code.
First Annual Audit
Signed
(Signature of authorized officer)
Location
Date
Second Annual Audit
Signed
(Signature of authorized officer)
Location
Date
Third annual audit
Signed
(Signature of authorized officer)
Location
Date
Fourth Annual Audit
Signed
(Signature of authorized officer)
Location
Date
Safety Management Certificate
(State)
Certificate No.
issued pursuant to the provisions of the 1974 International Convention for the Protection of Human Settlements in the Sea, as amended
Under the authority of the Government
(State name)
By
(Persons or authorized bodies)
Name of ship
Distinct number or letters
Port of registration
Type of ship (1)
Gross
IMO Number
Company name and address
(See paragraph 1.1.2.)
ISM Code)
It is CERTIFIED that the company's safety management system has been audited and that it meets the requirements of the International Code of Management for the Safety of Ships and Pollution Prevention (Code ISM), after verification that the company's compliance document applies well to this type of vessel.
This Safety Management Certificate is valid until
subject to periodic verification and provided that the compliance document is valid.
Delivered to
(Certifying site)
Date of issuance
(Signature of duly authorized officer
issuing the certificate)
(Cachet or stamp, as applicable,
the authority issuing the certificate)
Certificate No.
Intermediary Verification Visa
and Supplementary Verification (if necessary)
It is CERTIFIED that, in the periodic verification conducted under Rule IX/6.1 of the Convention and paragraph 13.8 of the ISM Code, it was found that the security management system met the requirements of the ISM Code.
Intermediate audit
(Does to be completed between the second
and the third anniversary date)
Signed
(Signature of authorized officer)
Location
Date
Supplementary audit (1)
Signed
(Signature of authorized officer)
Location
Date
Supplementary audit (1)
Signed
(Signature of authorized officer)
Location
Date
Supplementary audit (1)
Signed
(Signature of authorized officer)
Location
Date
Provisional compliance document
(State)
Certificate No.
issued pursuant to the provisions of the 1974 International Convention for the Protection of Human Settlements in the Sea, as amended
Under the authority of the Government
(State name)
By
(Persons or authorized bodies)
Company name and address
(See paragraph 1.1.2.)
ISM Code)
IS CERTIFIED that it has been recognized that the company's safety management system meets the objectives of paragraph 1.2.3 of the International Code of Management for the Safety of Ships and Pollution Prevention (ISM Code), for the types of vessels listed below (remove unnecessary references):
Passenger ship
High-speed passenger equipment
High-speed cargo equipment
Vraquier
Petrol
Chemical carrier
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This compliance document is valid until
Delivered to
(Attachment delivery location)
Date of issuance
(Signature of duly authorized officer
issuing the document)
(Cachet or stamp, as applicable,
the authority issuing the document)
Interim Security Management Certificate
(State)
Certificate No.
issued under the provisions of the 1974 International Convention for the Protection of Human Life at Sea, as amended
Under the authority of the Government
(State name)
By
(Persons or authorized bodies)
Name of ship
Distinct number or letters
Port of registration
Type of ship (1)
Gross
IMO Number
Company name and address
(See paragraph 1.1.2.)
ISM Code)
IS CERTIFIED that the requirements of subsection 14.4 of the ISM Code have been observed and that the company's compliance document/provisional conformity document (2) corresponds to that vessel.
This Interim Security Management Certificate is valid until
provided that the compliance document/provisional compliance document (2) is valid.
Delivered to
(Certifying site)
Date of issuance
(Signature of duly authorized officer
issuing the certificate)
(Cachet or stamp, as applicable,
the authority issuing the certificate)
Certificate No.
The validity of this Interim Security Management Certificate is extended to
Date of extension
(Signature of duly authorized officer
which extends validity)
(Cachet or stamp, as applicable,
the authority issuing the certificate)
Done in Paris, November 2, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
