The Sub-Committee on the Implementation of IMO Instruments (III) 9th session took place 31 July to 04 August 2023 where, among other things, the draft amendments to the Procedures for Port State Control were finalised.

The Sub-Committee on Implementation of IMO Instruments (III) brings together flag, port and coastal States to consider implementation issues, including the analysis of consolidated audit summary reports from the mandatory IMO Member state Audit Scheme,following is a summary with key outcomes from the session:

• III 9 finalised general guidance on the assessment and application of remote surveys and remote audits for inclusion in the draft Survey Guidelines under the Harmonized System of Survey and Certification (HSSC) and the draft Revised guidelines on the implementation of the International Safety Management (ISM) Code by Administrations. The guidance focusses on the circumstances, scope, and type of survey (e.g. annual, renewal, intermediate, etc.) or audit where remote technology may appropriately be employed and also provides circumstances where in-person survey or audit must be used either as a supplement to remote methods, or as the only appropriate method when remote technology is not suitable. Additional guidelines are expected to be finalised at III 10 (Jul 2024).
• III 9 finalised draft amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC). These draft revisions take into account the amendments to the relevant mandatory instruments due to enter into force up to and including 31 December 2023 and amendments to SOLAS which enter into force 1 January 2024. The revisions to the Guidelines are expected to be adopted at Assembly 33 (Dec 2023) and will enter into force 1 January 2024.
• III 9 also finalised the draft amendments to the Procedures for Port State Control (A.1155(32)). The draft amendments include guidelines for the detention of ships under MARPOL Annex VI. The revisions to the Guidelines are expected to be adopted at Assembly 33 (Dec 2023) and will enter into force 1 January 2024.

Amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC)

III 9 finalised amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC). These draft revisions take into account the amendments to the relevant mandatory instruments due to enter into force up to and including 1 January 2024 including but not limited to:

• MARPOL Annex VI: (as amended by MEPC.328(76))
  – Confirmation of the update of the Ship Energy Efficiency Management Plan (SEEMP).
  – Confirmation of the ship’s attained EEXI.
  – Statement of Compliance related to operational carbon intensity rating.
• Amendments to SOLAS (MSC.474(102))
  – Towing and mooring equipment.
  – Openings in the shell plating below the bulkhead deck of passenger ships and the freeboard deck of cargo ships.

The revisions to the Guidelines are expected to be adopted at Assembly 33 (Dec 2023) and will enter into force 1 January 2024.

Procedures for Port State Control (A.1155(32))

III 9 also finalised the draft amendments to the Procedures for Port State Control (A.1155(32)). The draft amendments include guidelines for the detention of ships under MARPOL Annex VI. The revisions to the Guidelines are expected to be adopted at Assembly 33 (Dec 2023) and will enter into force 1 January 2024.
The revisions include draft amendments to:

• Guidelines for the detention of ships under MARPOL Annex VI (Appendix 2, Section 5, Detainable Deficiencies) were amended to include:
  – The absence of a valid required Statement(s) of Compliance for Carbon Intensity Rating from 2023 and onwards of each following year (Regulation 28) would be considered as a detainable deficiency.
  – It was clarified that port State control officers (PSCOs) should take a pragmatic approach if a ship has changed flag and/or company and there is evidence the losing Administration has not acted in accordance with regulation/s or data was not provided by the previous company when the ship was transferred.
• On ships provided with an equivalent means of SOx compliance, i.e. an EGCS:
  – It would be considered as a detainable deficiency if an Exhaust Gas Cleaning System (EGCS) fails to provide effective equivalence to the requirements in MARPOL Annex VI, regulations 14 and 14.4; and
  – It would be considered as a detainable deficiency if the sulphur content of any fuel oil being used in combustion units not connected to the EGCS exceeds the limits stipulated in MARPOL Annex VI regulation 14 (considering the provisions of MARPOL Annex VI regulation 18.2).

The revised Procedures for Port State Control are expected to be adopted at IMO Assembly 33 (Dec 2023) and will enter into force 1 January 2024.