L' UNION DES COMORES

UNION OF COMOROS

Unity - Solidarity - Development

****

Administration Maritime                           Maritime Administration

COMMISSIONER FOR MARITIME AFFAIRS

P.O. BOX 22061,SHARJAH,
  UNITED ARAB EMIRATES
Tel: +971 6 7428120 Fax: +971 67441270
  E-mail: depcomrg@emirates.net.ae
    Circular No :    
      Date: 13th March 2010

To,

All Ship Owners, Operators, Master and Officers on Comoros Flagged Vessels and Recognized RO's

SUBJECT : AMENDMENTS TO ISM CODE

Dear Sir / Madam

The Resolution MSC.273(85) relating to amendments to the International Safety Management Code (ISM) Code) for the safe operation of ships and for pollution prevention, adopted at IMO MSC85 will enter into force on 1st July 2010. Sections 1,5,7,8,9,10,12,13 & 14 have been amended vide Resolution MSC 273(85).

Kindly find below summary of amendments and guidelines. Please note this summary is a general guide only. Full details of the amendments are included in Resolution MSC.273(85).

AMENDMENTS TO PROVISIONS OF ISM CODE ISM Code Part A - Implementation
1            GENERAL

1.1           Definitions

1. 1. 10    Major non-conformity means an identifiable deviation that poses a serious threat to the

safety of personnel or the ship or a serious risk to the environment that requires immediate corrective action (and- includes) or the lack of effective and systematic implementation of a requirement of this Code.

Interpretation :

Changing the definition of "major non-conformity" - this gives a less restrictive definition of a major non-conformity.

1.2         Objectives

1. 2.2.2   (establish safeguards against all identified risks; and) assess all identified risks  to its ships, personnel and the environment and establish appropriate safeguards; and

Interpretation :

Adding "assess all identified risk to its ships" in the objective. Companies will now be required to carry out Risk assessments of all identified risks.

5            MASTER'S RESPONSIBILITY AND AUTHORITY

5.1.5      periodically reviewing the safety management system and reporting its deficiencies to the shore-based management.

Interpretation:

Adding a periodical review of the SMS as a masters responsibility (previously masters were only required to review the SMS with no periodic requirement given)

7            DEVELOMPMENT OF PLANS FOR SHIPBOARD OPERATIONS

(The Company should establish procedures for the preparation of plans and—instructions, including checklists as appropriate, for key shipboard operations concerning the safety of the ship and the prevention of-pollution. The various tasks involved should be defined and assigned to qualified personnel). The Company should establish procedures, plans and instructions, including, checklists as appropriate, for key shipboard operations concerning the safety of the personnel, ship and protection of the environment. The various tasks should be defined and assigned to qualified personnel.

Interpretation:

Adding "measures intended to prevent recurrence" in the procedure for the implementation of corrective action reflecting the need to put in place both corrective and preventative actions

8            EMERGENCY PREPARDNESS

(The Company should establish-procedures to identify, describe and respond to potential emergency shipboard-situations.) The Company should identify potential emergency shipboard situations, and establish procedures to respond to them.

Interpretation :

Companies are now required to identify equipment and technical systems for which sudden operational failure may result in hazardous situation and to establish procedures to respond to them ; however previously companies were only required to establish a procedure as introduced in the revised paragraph 8.1.

9         REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND
HAZARDOUS OCCURENCES

9.2       (The Company should establish procedures for the implementation of corrective action.) The Company should establish procedures for the implementation of corrective action, including measures intended to prevent recurrence.

Interpretation:

Adding "measures intended to prevent recurrence" in the procedure for the implementation of corrective action reflecting the need to put in place both corrective and preventative actions

10        MAINTENANCE OF THE SHIP AND EQUIPMENT

10.3    The Company should (establish procedures -in-SMS-to) identify equipment and technical

systems the sudden operational failure of which may result in hazardous situations. The SMS should provide for specific measures aimed at promoting the reliability of such equipment or systems. These measures should include the regular testing of stand-by arrangements and equipment or technical systems that are not in continuous use.

Interpretation:

Requiring companies to identify equipment and technical systems for which sudden operational failure may result in a hazardous situation (previously, companies were only required to establish a procedure for this).

12        COMPANY VERIFICATION, REVIEW AND EVALUATION

12.1   (The Company should carry out internal safety audits to verify-whether safety and pollution prevention activities comply with the safety management system.) The Company should carry out internal safety audits on board and ashore at intervals not exceeding twelve months to verify whether safety and pollution-prevention activities comply with the safety manasement system. In exceptional circumstances, this interval may be exceeded by not more than three months.

12.2                    The Company should periodically evaluate the (efficiency of and, when needed, review) the safety management system in accordance with procedures established by the Company.

Interpretation:

-Requirement that the Company should carry out internal safety audits on board and ashore at intervals not exceeding 12 months (may be exceeded by not more than 3 months in exceptional circumstances) has been introduced in the revised paragraph 12.1.

-Companies are now required to assess the effectiveness of the SMS rather than efficiency as introduced in the revised paragraph 12.2

ISM Code Part B - Certification and Verification

13        CERTIFICATION AND PERIODICAL VERIFICATION

IS. 12   When the renewal verification is completed after the ex pin date of the existing Safety Management Certificate, the new Safety Management Certificate should be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of expiry of the existing Safety Management Certificate.

13.13  If a renewal verification has been completed and a new Safety Management Certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Administration or organization recognized by the Administration may endorse the existing certificate and such a certificate should be accepted as valid for a further period which should not exceed five months from the expiry date.

13J 4 If a ship at the time when a Safety Management Certificate expires is not in a port in which it is to be verified, the Administration may extend the period of validity of the Safety Management Certificate but this extension should he granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified, and then only in cases where it appears proper and reasonable to do so. No Safety Management Certificate should be extended for a period of longer than three months, and the ship to which an extension is granted should not, on its arrival in the port in which it is to be verified, be entitled by virtue of such extension to leave that port without having a new Safety Management Certificate. When the renewal verification is completed, the new Safety Management Certificate should be valid to a date not exceeding five years from the expiry date of the existing Safety Management Certificate before the extension was granted.

Interpretation:

Provision that when the renewal verification is completed after the expiry date of the existing Safety Management Certificate, the new Safety Management Certificate should be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of expiry of the existing Safety Management Certificate has been introduced into the new paragraph 13.12 resulting in change of the Full term Safety Management Certificate.

Provision that if a ship at the time when a Safety Management Certificate expires is not in a port in which it is to be verified, the Administration may extend the period of validity of the Safety Management Certificate not exceeding three months only for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified has been introduced into the new paragraph 13.14 resulting in change of the Full term Safety Management Certificate.

14        INTERIM CERTIFICATION

14.4.3 The Company has planned the internal audit of the ship within three months;

Interpretation:

The type of audit to be carried out has now been specified.

APPENDIX Safety Management Certificate

The following section has been added after the existing form.

Certificate No.

ENDORSEMENT WHERE THE RENEWAL VERIFICATION

HAS BEEN COMPLETED AND PART B 13.13 OF

THE ISM CODE APPLIES

The ship complies with the relevant provisions of part B of the ISM Code, and the
Certificate should, in accordance with pan B 13J3 of the ISM Code, be accepted as valid
until.......................................

Signed ........................................................

(Signature of authorized official)

Place...........................................................

Date ..........................................................

(Sea! or stamp of the authority, as appropriate)

ENDORSEMENT TO EXTEND THE VALIDITY OF THE

CERTIFICATE I'NTIL REACHING THE PORT OF

VERIFICATION WHERE PART B 13.12 OF THE ISM CODE APPLIES

OR FOR A PERIOD OF GRACE WHERE PART B 13.14 OF

THE ISM CODE APPLIES

This Certificate should, in accordance with part B 13.12 or pan B 13.14 of the ISM Code.
be accepted as valid until......................................

Signed .......................................................

(Signature of authorized official)

Place .........................................................

Date ..........................................................

(Seat or stamp of the authority, as appropriate)