- Minor treaty actions
- Minor treaty actions are generally technical amendments to existing treaties that do not significantly affect the national interest.
- Minor treaty actions are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
- The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
- The Committee has been asked to consider the following minor treaty actions.
Amendments to the Convention on the International Maritime Organization
4.5At meetings of the IMO in 2019 and 2021, Member States agreed to several amendments to the IMO Convention. The amendments are to the composition of the IMO Council and the addition of three official languages to the IMO Convention, namely Arabic, Chinese and Russian.
4.6Specifically, the amendments are:
- increase in Council size from 40 to 52 (Article 16)
- the distribution of the 12 additional members across the three categories of Council membership (Article 17). The totals should include:
- 12 states with the largest interest in providing international shipping services
- 12 states with the largest interest in international seaborne trade and
- 28 states not elected under other categories that have a special interest in maritime transport or navigation and whose election would ensure the representation of all major geographic areas of the world
- extension of the term of Council Members from two to four years (Article 18)
- increase in the number of members necessary to form a quorum to 34 (Article19(b))
- addition of the languages of Arabic, Chinese and Russian as official languages of the IMO Convention (Article 81).
- These amendments would enter into force 12 months after two-thirds of IMO Member States accept them and will then apply to all Members unless the Member State prior to the amendments taking effect lodges a declaration that they do not accept the amendments.
- The Explanatory Statement said that the practical, legal, and financial effect of the amendments is negligible, and that they do not necessitate any legislative or regulatory amendments. The Office of Impact Analysis has said that no Impact Analysis is required.
- Australia is the originator of these amendments therefore it should accept them early and encourage other Member States to follow. Australia actively promotes reform of the IMO and has sought to improve transparency, increase access to information and amend the Council structure and membership, as well as increase the role of the Council to form policy for the IMO.
Resolutions adopted by the International Maritime Organization Maritime Safety Committee to amend the International Convention for the Safety of Life at Sea, 1974
4.10On 15 June 2023, the Assistant Minister for Foreign Affairs, the Hon Tim Watts MP, referred two resolutions adopted by the IMO MSC that would amend SOLAS:
- Resolution MSC.188(79)REV.1—Revised Performance Standards for Water Level Detectors on Ships Subject to SOLAS Regulations II-1/25, II-1/25-1 and XII/12
- Resolution MSC.496(105)— Amendment to the International Convention for the Safety of Life at Sea, 1974 (radiocommunications).
MSC.188(79)REV.1—Revised Performance Standards for Water Level Detectors on Ships Subject to SOLAS Regulations II-1/25, II-1/25-1 and XII/12
4.11The minor treaty action is Australia’s acceptance of amendments relating to revised performance standards for water level detectors.
4.12Water level detectors are systems consisting of sensors and alarms that detect and warn of water ingress in cargo holds and other spaces. The amendments:
- establish the performance standards for detectors, including what constitutes a water level detector, where such detectors are to be placed, and requirements as to their accuracy, corrosion resistance, and compatibility with the cargo carried
- specify alarm system requirements, including visual and audible alarms on the navigation bridge, alarm override devices, and arrangements for malfunctions and muting
- detail obligations for testing and manuals.
- The resolution, which is an amendment to an existing resolution (MSC.188(79), was adopted on 28 April 2022. It would take effect from 1 January 2024.
- According to the explanatory statement, Australia’s acceptance of the amendment would ensure Australia continues to apply standards in compliance with the performance standards of SOLAS. Further, the explanatory statement advises consistency between the rules for Regulated Australian Vessels and those applicable internationally may have financial benefits for vessel owners.
MSC.496(105)— Amendment to the International Convention for the Safety of Life at Sea, 1974 (radiocommunications)
4.15The treaty action is Australia’s acceptance of an amendment to SOLAS that replaces the existing Chapter IV on radiocommunications with a reorganised text that:
- sets out regulations with regard to a range of matters including functional requirements, provision of services, radio installations, equipment to be used in various sea areas, energy sources, performance standards, maintenance requirements, personnel, records and position updating
- makes minor consequential changes to SOLAS chapters II-1, III, V and the Annex.
- According to the explanatory statement, Australia’s acceptance of the amendment would ‘ensure Australia continues to comply with SOLAS’s radiocommunications standards, including more readily adopting standards to comply with any future SOLAS standards’.
- Further, the explanatory statement advises consistency between the rules for Regulated Australian Vessels and those applicable internationally may have financial benefits for vessel owners.
Conclusion
4.18The Committee agreed that the following resolutions adopted by the IMO MSC be endorsed as minor treaty actions:
- MSC.188(79)REV.1
- MSC.496(105).
- It was unnecessary for the Committee to consider whether binding treaty action be taken in relation to resolution MSC.496(105) as the amendment had already been deemed accepted.
- The Committee recommended binding treaty action be taken in relation to MSC.188(79)REV.1.
Amendments adopted by the 75th World Health Assembly to the International Health Regulations
4.21The proposed minor treaty action is tacit acceptance of amendments to article 59 of the IHR, concerning entry into force, and rejection and reservation periods for amendments to regulations in the IHR. As a consequence of the article 59 amendments, other minor consequential amendments are required to articles 55, 61, 62 and 63.
4.22The key amendments:
- require countries to advise of a rejection or reservation to any amendment to the IHR within 10 months from the date of notification (currently 18 months)
- establish a period of 12 months from the date of notification for entry into force for amendments to the IHR (currently 24 months)
- provide an additional 12 months (beyond entry into force) for a state to comply with amendments to the IHR, providing it submits a declaration identifying the outstanding adjustments required to domestic legislative and administrative arrangements, and achieves these within 12 months after entry into force of the amendments
- reduce the time period for a state to object to another state’s reservation to an amendment from six months to three months.
- The amendments were adopted by the World Health Assembly on 28 May 2022.Under the IHR, the amendments enter into force on 31 May 2024. Parties may reject or make a reservation to any of the amendments by 1 December 2023. If Australia does not lodge a rejection or reservation by this time, it will be bound to the amendments.
- The amendments were proposed by the United States of America, and Australia co-sponsored the resolution proposing the amendments.
- According to the explanatory statement:
- Australia supports revising the IHR to ensure it is adaptive to global health threats
- acceptance of the amendments supports international efforts to reform the global health architecture
- support for the amendments is consistent with Australia’s current policy to be a leader in global health reform
- Australia’s position is consistent with the foreign policy priorities to support key allies, including the United States of America.
- The amendments are expected to have negligible legal, financial, or practical impact on Australia.
- The Committee agreed that the Amendments adopted by the 75th World Health Assembly to the International Health Regulations (2005) be endorsed as a minor treaty action and that binding treaty action be taken.
Conclusion
4.28It was unnecessary for the Committee to consider whether binding treaty action be taken in relation to resolution MSC.496(105) as the amendment had already been deemed accepted.
4.29The Committee determined not to hold a formal inquiry into any of the minor treaty actions, and agreed that binding treaty action may be taken for the remaining three treaties.
Mr Josh Wilson MP
Chair
3 August 2023