Outcome of SSE 9 and MSC 107 on single essential propulsion components and their reliability

The International Maritime Organization has published a document that provides information on the outcome of SSE 9 and MSC 107 on single essential propulsion components and their reliability.

Document SSE 10/12/3 (Sub-committee on ship systems and equipment, 10th session, agenda item 12) was published on 7 November 2023. SSE 10 will be held from 04 - 08 March 2024.

Background

The Sub-Committee on Ship Systems and Equipment (SSE), at its ninth session (SSE 9), considered document SSE 8/15/3 (IACS), seeking clarification on requirements of SOLAS regulation II-1/26.2 for single essential propulsion components and their reliability, and offering a draft interpretation thereof.

Having agreed that the proposal would improve the safety of ships with unconventional propulsion designs available as of today, SSE 9 agreed to the draft MSC circular on Unified interpretation (UI) of SOLAS chapter II-1 (SSE 9/20, annex 16) for approval by MSC 107 and noted that future submissions could be considered involving other unconventional propulsion designs for a more holistic approach (SSE 9/20, paragraphs 14.47 and 14.48).

Consideration of the matter at MSC 107

MSC 107 considered the draft UI agreed by SSE 9, together with document MSC 107/14/1 (IACS), proposing an alternative application date, i.e. 1 July 2024, to address the safety aspects of those designs, on the basis of IACS's consideration of technical and contractual aspects related to the application of the proposed UI of SOLAS regulation II-1/26.2 to existing designs.

Having noted diverging views on the draft UI, the Committee discussed whether unanimity should be required for the approval of a draft UI, taking into account that its previous practice had been to approve UIs only if there was unanimous support (MSC 107/20, paragraphs 14.39 to 14.41).

In this respect, the Committee noted the information provided by the Director of the Legal Affairs and External Relations Division that the hierarchy of legal weight for interpretive instruments for treaties is guided by the Vienna Convention on the Law of Treaties (VCLT).

An amendment to a treaty carries more legal weight than a unified interpretation.

In this regard, the Director noted that amendments to mandatory international instruments under IMO, such as SOLAS, usually required a two-thirds majority for entry into force, and not unanimity.

Requiring unanimity for the approval of IMO unified interpretations (which had lower legal weight than treaties) by the Committee would therefore be somewhat illogical in light of the hierarchy in VCLT, given that amending a mandatory IMO instrument did not require unanimity (MSC 107/20, paragraph 14.43).

Following consideration, the Committee (MSC 107/20, paragraph 14.44):

• .1 6.1 referred the draft UI (SSE 9/20, annex 16) back to this session for further consideration, given that unanimity had not been reached; and agreed to continue to follow that approach until it had made a policy decision on the matter of the approval of UIs;
• .2 6.2 invited the delegation of Finland and interested Member States and international organizations to submit proposals regarding the draft UI; and
• .3 6.3 requested the Secretariat to provide legal advice to MSC 108 on how to approach the approval of unified interpretations when there was no unanimity, for consideration under the agenda item "Any other business".

Action requested of the Sub-Committee

The Sub-Committee is invited to note the information above and, in light of the decisions of MSC 107, consider the draft UI (SSE 9/20, annex 16) together with relevant submissions, if any, and take action, as appropriate.

For more information, please see the document below (available only to subscribers):

Outcome of SSE 9 and MSC 107 on single essential propulsion components and their reliability