Minor treaty actions
5.1
Minor treaty actions are generally technical amendments to existing treaties which do not impact significantly on the national interest.
5.2
Minor treaty actions are presented to the Committee with a one-page explanatory statement and are listed on the Committee’s website. The Committee can choose to formally inquire into these treaty actions, or accept them without a formal inquiry and report.
5.3
The Committee has been asked to consider the following four minor treaty actions.
Amendments to the International Convention for the Safety of Life at Sea, 1974, as amended
5.4
The treaty actions amend the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS). SOLAS is one of the key international instruments addressing the safety of merchant ships. It provides minimum standards for the construction, equipment and operation of ships and is administered by the International Maritime Organization (IMO), a specialised agency of the United Nations. The Maritime Safety Committee (MSC) is the IMO Committee with responsibility for SOLAS.
5.5
The amendments are deemed amendments and shall be deemed to have been accepted on 1 July 2019, unless prior to that date, not less than one third of the Parties, or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world’s merchant fleet, have communicated to the IMO their objection to the amendments. If, as expected, the amendments are accepted, they will enter into force on 1 January 2020.
5.6
If Australia were to object to the amendments, and they nonetheless entered into force, Australia would not be obliged under SOLAS to require Australian registered ships, or foreign ships within Australia’s jurisdiction, to comply with the new requirements. However, Australian registered ships could be required to comply with the new requirements while under the jurisdiction of a State Party that has accepted the amendments (for example while in that State’s waters or ports).
5.7
Australia’s deemed acceptance of the amendments would be considered consistent with its longstanding support for the safety of ships, their crews and passengers and our active backing of, and participation in, the IMO.
Resolution MSC.404(96)
a.
amends Chapter II-2 to require vessels with helidecks (and constructed on or after 1 January 2020) to be provided with foam fire-fighting appliances which comply with relevant provisions of the IMO’s Fire Safety Systems Code;
b.
amends Chapter II-2 containing provisions for an evacuation analysis to be carried out on escape routes on passenger ships during the design phase of their construction (the requirement for an evacuation analysis has been in place for roll on roll off passenger ships since 1999; the amendment extends this requirement to all passenger ships carrying more than 36 passengers built after 1 January 2020); and
c.
amends Chapter III to update existing requirements for the maintenance, testing and repair of lifeboats.
Resolution MSC.409(97)
a.
amends Chapter II-1 to clarify the application of a requirement of the Code of Noise Levels on Board Ships. This would correct a discrepancy in its current application noting that IMO has an interim measure in place to cover this discrepancy until this amendment is in effect;
b.
amends Chapter II-2 to allow cargo ships fitted with boilers that are protected by a water-based local application fire-extinguishing system, to no longer be required to provide additional foam-type extinguishers of 135 litre capacity. These fire extinguishers are considered to be redundant where there is a fixed spray system that can extinguish a fire on a boiler. This is a practical improvement for these ships; and
c.
amends Chapter XI-1 to harmonise survey periods for ships that are not bulk carriers or oil tankers.
Amendments to International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended and the Seafarers’ Training, Certification and Watchkeeping (STCW) Code
5.10
The treaty actions amend the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and the Seafarers’ Training, Certification and Watchkeeping(STCW) Code (STCW Code). The STCW is one of the key international instruments promoting safety of life at sea and the protection of the marine environment by establishing international standards of training, certification and watchkeeping for seafarers. STCW Code supports the STCW. The STCW is administered by the IMO, a specialised agency of the United Nations. The MSC is the IMO Committee with responsibility for STCW.
5.11
The amendments are deemed amendments and shall be deemed to have been accepted on 1 January 2018, unless prior to that date, not less than one third of the Parties, or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world’s merchant fleet, have communicated to the IMO their objection to the amendments. If, as expected, the amendments are accepted, they will enter into force on 1 July 2018.
5.12
If Australia were to object to the amendments, and they nonetheless entered into force, Australia would not be obliged under the STCW to require Australian registered ships, or foreign ships within Australia’s jurisdiction, to comply with the new requirements. However, Australian registered ships would be required to comply with the new requirements while under the jurisdiction of State Parties that have accepted the amendments (for example while in those States’ waters or ports).
5.13
Australia’s deemed acceptance of these amendments would be considered consistent with its longstanding support for the safety of life at sea and protection of the marine environment, and its active backing of, and participation in, the IMO.
Resolution MSC.416(97)
a.
amends Chapter I to insert definitions of ‘Polar Code’ and ‘polar waters’, and to insert a new paragraph concerning the continuing professional competence of masters and officers of ships operating in polar waters;
b.
amends Chapter V (new Regulation V/4) to set out the new mandatory minimum standards for the training and qualifications of masters and deck officers on ships operating in polar waters. These amendments provide for basic and advanced training, and recognition of previous seagoing experience in polar waters; and
c.
amends Chapter V (Regulation V/2) to provide revised training requirements to enhance existing safety training on passenger ships, specifically emergency familiarisation training of ship personnel as appropriate to their capacity, duties and responsibilities on board the ship. Basic emergency training is required for all personnel working on board passenger ships.
Resolution MSC.417(97)
5.15
The Resolution proposes to amend Part A of the STCW Code to correspond with the new training requirements as amended in Resolution MSC.416(97) and provide updated tables specifying the required standards of competence.
Amendments to Annex I of the International Convention Against Doping in Sports.
5.16
The proposed treaty action amends Annex I to the United Nations Education, Scientific and Cultural Organisation (UNESCO) International Convention Against Doping in Sport 2007 (the Convention). Annex I (Prohibited List-International Standard) identifies the substances and methods of doping which are prohibited in sport. Annex I is an integral part of the Convention.
5.17
The proposed amendment updates Annex I to reflect the 2018 Prohibited List adopted by the World Anti-Doping Agency (WADA) on 24 September 2017 which takes effect on 1 January 2018.
5.18
According to the Explanatory Statement compliance with the proposed amendment to Annex I of the Convention does not require amendment to the Australian anti-doping legislative framework, as the specification of prohibited substances and methods under the Australian Government’s anti-doping arrangements is based on the current WADA Prohibited List.
Conclusion
5.19
The Committee determined not to hold a formal inquiry into any of the minor treaty actions, and agreed that binding treaty action may be taken in each case.
The Hon Stuart Robert MP
Chair
5 February 2018