Drafting IMO Submissions
Background
• Where? IMO: UN
Specialized Agency
• What? Routing and reporting
measures for international ship
traffic (SOLAS, GPSR,
Reporting Guidelines);
MARPOL Special Area
designation; PSSA designation
• Why?
– Benefits (e.g., maritime
safety, environmental
protection, charting)
– Burdens (e.g., IMO
consensus)
Overview
• Getting started
• Setting objectives/
identifying issue
• Overarching
considerations
• Drafting a submission
• IMO Process
• Conclusion
Getting Started
• Gather appropriate
documentation:
– Data about the area and
problem or threat thereof
• Resources within area
• Potential navigation
hazards
• Environmental factors
– Data about the ship traffic
(e.g., vol., traffic patterns)
– Information regarding
existing measures
Getting Started
• Gather appropriate
documentation
– Foreseeable changes in
traffic patterns
– Information regarding
incident history
– Existing aids to
navigation
– Charts (are they up to
date?)
– IMO documents
(models)
Getting Started
• Delineate specific area
• Identify neighboring
States w/ interest
• If possible, gather a
group of experts:
– Maritime users
– Resource managers
– Government officials,
including IMO rep.
Setting Objectives and
Identifying the Issue
• General Objectives:
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–
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Maritime safety
Pollution prevention
Collisions
Groundings
Discharges
Concern about oil
Protection of resources
Setting Objectives and Identifying
the Issue
• Specific objectives—
narrowly define the issue:
– What is the maritime safety
concern? (e.g., collisions
with what, groundings on
what?) Why is there
concern about discharges?
(e.g., accidents, mystery
spills, illegal discharges)
What types of discharges?
(e.g., oil, aquatic nuisance
species, sewage)
– Protection of resources
from what?
– Identify international
shipping behavior that
needs to be addressed
Overarching Considerations
• Paramount interest:
maritime safety
• Impact on navigation:
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Numbers of ships
Normal routes
Alternatives
Underkeel clearance
Overarching Considerations
• Consider various alternatives
for addressing the identified
need/objective: be creative and
look for the best fit
• Identify the appropriate IMO
instrument for the measure
– SOLAS
• GPSR
• Ship Reporting Guidelines
and Criteria
• MSC Circ. 1060
– MARPOL
• Applicable Annex
• Special Area guidelines
• SOX Emission Control Area
guidelines
– PSSA designation
• PSSA Guidelines
• MEPC Circ. 510
Overarching Considerations
• Mandatory v. Recommended
– SOLAS, MARPOL v. PSSA
Guidelines
• Success at IMO:
– “shoes” theory
– Large Tonnage States
• Only Governments may submit
and must make the case to
obtain the measure
• Implementation, compliance,
and enforcement
Example
• Monterey Bay:
– Issue identified: mystery
spills, accidents, response
capabilities
– Working Group formed to
discuss options
– Proposed recommended
tracks, realignment of TSSs
– Considerations: navigation
principles, ease of
compliance, industry support,
optics of traffic lanes along
entire coast
Drafting of Submission
• Most important:
– Get copies of applicable
documents (e.g., legal
instruments, guidelines)
– Models of other proposals
• Follow the format:
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Executive summary
Sections from models
Action Requested
Annex: what actually goes
into instrument
Drafting of Submission
• Potential pitfalls
– Ensure that required
elements are addressed
– Linkage of need with
measure
– Mandatory v.
recommended
– Remember “shoes”
theory
– Too much or too little
info
Navigating Your Proposal
through IMO
• Prior to submission and
meeting where proposal is
considered:
– Build support with key
countries
– If questions, call IMO
Secretariat
– Prepare a convincing
presentation
– Consider presentation in
delegates’ lounge
– Attend at least one meeting
prior to consideration of
proposal and “work the
room”
Navigating Your Proposal
through IMO
• IMO Structure:
– Assembly, Council, 4
Committees, 11
Subcommittees
• Working Groups, Drafting
Groups, Correspondence
Groups
– Where to make initial
submission:
• NAV approve, MSC adopt
• MEPC
• Be aware of procedures and
strict timeline for submission
• Documents translation into 3
languages, interpretation at
meetings
Navigating Your Proposal
through IMO
• Plenary Session:
– Brief presentation
– Working Group
addresses the details
– Report out to plenary
• Presentation to WG
– Visuals, charts
– WGs all conducted in
English
Navigating Your Proposal
through IMO
• Follow the proposal
through to its
conclusion
– WG report
– Committee report
– NAV on to
MSC/MEPC
MARPOL
amendment/PSSA
designation in principle
Navigating Your Proposal
through IMO
• “Working the room”:
– Importance of coffee
breaks and lobbying
during lunch!!
– Divide up States if
more than one person
on your delegation
– Consider demarche
before the meeting
Conclusion
• Implementation:
– Timing:
• Routing/Reporting
date set by State, at
least 6 months after
adoption by MSC
• MARPOL must
follow amendment
schedule
– Notices to Mariners,
charts, nautical pubs
Conclusion
• Is it worth it?
– Notification,
awareness, acceptance,
compliance
– Marked on charts of all
States used for
international
navigation
– Review by experts
– Uniformity for
shipping industry