Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
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 final act of the United Nations Maritime Conference and the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation of 6 March 1948;
Vu le Decree No. 80-369 of 14 May 1980 publishing the 1974 International Convention for the Protection of Human Life at Sea (as a whole annex), made in London on 1 November 1974;
Vu le Decree No. 81-474 of 7 May 1981 publishing the 1978 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, done in London on 17 February 1978 (as a whole an annex);
Vu le Decree No. 95-1264 of 27 November 1995 publishing the 1988 Protocol on the 1974 International Convention for the Protection of Human Life at Sea, made in London on 11 November 1988, signed by France on 23 January 1990;
Vu le Decree No. 98-1132 of 9 December 1998 Publication of the International Code of Management for the Safety of Ships and Pollution Prevention (International Safety Management Code, ISM Code) (resolution A. 741 [18]), adopted in London on 4 November 1993,
Decrete:
Resolution MSC.273(85) on the adoption of amendments to the International Code of Management for the Safety of Ships and Pollution Prevention (International Security Management Code [ISM Code]) (a consolidated annex), adopted in London on 4 December 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible for the implementation of this Order, which will be published in the Official Journal of the French Republic.
RESOLUTION MSC.273(85)
RELATIVE TO THE ADOPTION OF AMENDMENTS TO THE INTERNATIONAL MANAGEMENT CODE FOR THE SECURITY OF NAVIEW EXPLOITATION AND THE PREVENTION OF POLLUTION (International Code of SECURITY MANAGEMENT [ISM Code]) (ENSEMBLE ANNEX), ADOPTED at LONDERS on 4 DECEMBER 2008
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,
NOTING Resolution A.741 (18), by which the Assembly had adopted the International Code of Management for the Safety of Ships and the Prevention of Pollution (ISM Code) (hereinafter referred to as the "ISM Code"), which became mandatory under Chapter IX of the 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention) (hereinafter referred to as "the Convention")
NOTING Article VIII (b) and Rule IX/1.1 of the Convention concerning the procedure for amending the ISM Code,
EXAMINATE, at its eighty-fifth 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 that, in accordance with Article VIII (b) (vi) (2) (b) of the Convention, these amendments will be deemed to have been accepted on January 2010, 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 amendments;
3. REQUESTS the Contracting Governments to note that, in accordance with Article VIII (b) (vii)(2) of the Convention, the amendments shall enter into force on July 1, 2010 when they have been accepted under the conditions specified in paragraph 2 above;
4. Requests the Secretary-General to provide, in accordance with Article VIII (b) (v) of the Convention, certified copies of this resolution and the text of the amendments annexed thereto to all Contracting Governments to the Convention;
5. REQUESTS the Secretary-General to provide copies of this resolution and its annex to the Members of the Organization who are not Contracting Governments to the Convention.
Annex
AMENDMENTS TO THE INTERNATIONAL CODE OF MANAGEMENT FOR THE SAFETY OF NAVIMENTS AND THE PREVENTION OF POLLUTION (International Code of Management of Security (ISM Code) )
1 GENERAL
1 In paragraph 1.1.10, replace the words ", and includes" with the word " or".
2 Replace the current paragraph .2 of paragraph 1.2.2 with the following:
".2 assess all risks identified for its ships, personnel and the environment and establish appropriate security measures; and".
5 RESPONSIBILITIES AND AUTHORITY OF CAPITAINE
3 In paragraph 5.1.5, add the term "scheduled" after the words "review".
7 BODY-RELATING PLANS
4 Replace the current section 7 with the following:
« 7 OPERATIONS TO BORD
The company should establish procedures, plans and instructions, including checklists, as appropriate, for major on-board operations that concern the safety of personnel and the vessel and the protection of the environment. The various tasks involved should be defined and assigned to qualified personnel. »
8 PREPARATION TO THE SITUATIONS
5 Replace current paragraph 8.1 with the following:
"8.1. The company should identify emergency situations that may occur on board and establish procedures to deal with them. »
9 NOTIFICATION AND ANALYSIS OF THE IREGULARITES, ACCIDENTS AND POTENTIELLENT IMPACTS
6 Replace the current paragraph 9.2 with the following:
“9.2 The company should establish procedures for the application of corrective measures, including measures to prevent the same problem from recurring. »
10 MAINTENANCE IN EAST OF NAVIRE AND SON ARMEMENT
7 In paragraph 10.3, delete the phrase "to establish procedures in the security management system to allow".
12 REVIEW, REVIEW AND ASSESSMENT OF COMPANY
8 Replace paragraph 12.1 with the following:
« 12.1 The company should conduct internal audits on board and on-shore, at intervals not exceeding 12 months, to verify that safety and pollution prevention activities are consistent with the safety management system. In exceptional circumstances, this interval may be extended by not more than three months. »
9 In paragraph 12.2, replace the phrase "effectiveness of the management system and, where necessary, revise it" with the words "effectiveness of".
13 CERTIFICATION AND PERIODIC VÉRIFICATION
10 After the current paragraph 13.11, add the following new paragraphs 13.12, 13.13 and 13.14:
« 13.12 When the renewal audit is completed after the expiry date of the existing Security Management Certificate, the new Safety Management Certificate should be valid from the date of completion of the audit for renewal up to a date not later than five years after the expiry date of the existing Security Management Certificate.
13.13 If, after a renewal check, a new certificate may not be issued or delivered to the vessel prior to the expiry date of the existing certificate, the Administration or body recognized by the Authority may apply a visa to the existing certificate and the certificate should be accepted as valid for a new period that should not exceed five months from the expiry date.
13.14 If, on the expiry date of a security management certificate, the vessel is not in a port in which the vessel is to be visited, the Authority may extend the validity of the certificate. However, such an extension should only be granted to allow the vessel to complete its journey to the port in which it is to be inspected, only in the event that this measure is timely and reasonable. No security management certificate should be extended for a period of more than three months and a vessel to which an extension is granted should not be entitled, under this extension, upon arrival in the port in which it is to be inspected, to leave without having obtained a new security management certificate. When the renewal verification is completed, the new Security Management Certificate should be valid for a period not exceeding five years from the expiry date of the existing Security Management Certificate prior to the extension of its validity. »
14 PROVISIONAL CERTIFICATION
11 In paragraph 14.4.3., add the word "internal" after the word "audit".
Appendix
Compliance document templates, Safety Management Certificate, Interim Compliance Document and Interim Security Management Certificate
SECURITY MANAGEMENT CERTIFICATE
12 Add the following new model to the current model of " PERIODIC VERIFICATION VISA AND SUPPLEMENTARY VERIFICATION (SI NÉCESSAIRE)":
"Certificate No.
VISA APPROVED APPROVAL OF VERIFICATION TO RENEWS AND CASES STATEMENT OF PARAGRAPH 13.13 PART B OF ISM CODE
The vessel complies with the relevant provisions of Part B of the ISM Code and the Certificate should, in accordance with Part B, paragraph 13.13 of the ISM Code, be accepted as valid until
Signed
(Signature of authorized officer)
Location
Date
(Cachet or stamp, as applicable, of authority)
VISA DE PROROGATION OF THE VALIDITY OF THE JUSQU CERTIFICATE IN THE PORT OF VÉRIFICATION STATEMENT OF PARAGRAPH 13.12 OF Part B of the ISM CODE, OR FOR A PERIOD OF GRANT, STATEMENT OF PARAGRAPH 13.14 FROM PART B OF ISM CODE
This Certificate should, in accordance with Part B, paragraph 13.12/13.14 of the ISM Code, be accepted as valid until
Signed
(Signature of authorized officer)
Location
Date
(Cachet or stamp, as applicable, of authority) »
***
Done on 20 October 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
