Unified interpretation of SOLAS regulation II-1/1.1.3 released by IMO

The International Maritime Organization has released the Unified interpretation of SOLAS regulation II-1/1.1.3.

The Maritime Safety Committee, at its 107th session (31 May to 9 June 2023), approved Unified interpretation of SOLAS regulation II-1/1.1.3, prepared by the Sub-Committee on Ship Design and Construction, at its ninth session, as set out in the annex.

Member States are invited to apply the annexed unified interpretations and to bring them to the attention of all parties concerned.

Anex: Unified interpretation of SOLAS regulation II-1/1.1.3

SOLAS regulation II-1/1.1.1, as amended by resolution MSC.436(99) reads as follows:

"Unless expressly provided otherwise, parts B, B-1, B-2 and B-4 of this chapter shall only apply to ships:

.1 for which the building contract is placed on or after 1 January 2020; or

.2 in the absence of a building contract, the keel of which is laid or which are at a similar stage of construction on or after 1 July 2020; or

.3 the delivery of which is on or after 1 January 2024."

SOLAS regulation II-1/1.1.2, as amended by resolution MSC.436(99) reads as follows:

"Unless expressly provided otherwise, for ships not subject to the provisions of sub-paragraph 1.1.1 but constructed on or after 1 January 2009, the Administration shall:

.1 ensure that the requirements for parts B, B-1, B-2 and B-4 which are applicable under chapter II-1 of the International Convention for the Safety of Life at Sea, 1974, as amended by resolutions MSC.216(82), MSC.269(85), and MSC.325(90) are complied with; and

.2 ensure that the requirements of regulations 8-1.3 and 19-1 are complied with."

SOLAS regulation II-1/1.1.3, as amended by resolution MSC.474(102) reads as follows:

"For the purpose of this chapter:

.1 the expression 'ships constructed' means ships the keels of which are laid or which are at a similar stage of construction;

.2 the expression 'ships constructed on or after 1 January 2024' means ships:

• .1 for which the building contract is placed on or after 1 January 2024; or
• .2 in the absence of a building contract, the keel of which is laid or which are at a similar stage of construction on or after 1 July 2024; or
• .3 the delivery of which is on or after 1 January 2028.

.3 the expression 'all ships' means ships constructed before, on, or after 1 January 2009;

.4 a cargo ship, whenever built, which is converted to a passenger ship shall be treated as a passenger ship constructed on the date on which such a conversion commences."

SOLAS regulation II-1/25-1.1, as amended by resolution MSC.482(103) reads as follows:

"Multiple hold cargo ships other than bulk carriers and tankers constructed on or after 1 January 2024 shall be fitted with water level detectors in each cargo hold intended for dry cargoes. Water level detectors are not required for cargo holds located entirely above the freeboard deck."

Interpretation:

The expression "ships constructed before 1 January 2024" with respect to ships subject to the provisions of SOLAS regulation II-1/1.1.1.1 should mean:

.1 ships with a contract for construction date on or after 1 January 2020 but before 1 January 2024 subject to compliance with .3 below; or

.2 ships without a contract for construction, having a keel laying date, or similar stage of construction date, on or after 1 July 2020 but before 1 July 2024 subject to compliance with .3 below; and

.3 ships with a date of delivery on or after 1 January 2024 but before 1 January 2028, provided the condition in .1 or .2 above, as applicable, is met.

The expression "Multiple hold cargo ships other than bulk carriers and tankers constructed on or after 1 January 2024" as used in SOLAS regulation II-1/25-1 (as amended by resolution MSC.482(103)) should be interpreted as follows:

"Multiple hold cargo ships other than bulk carriers and tankers constructed on or after 1 January 2024" should be subject to the definition of "ships constructed on or after 1 January 2024" in SOLAS regulation II-1/1.1.3.2 (as amended by resolution MSC.474(102))."

MSC.1/Circ.1673 (Unified interpretation of SOLAS regulation II-1/1.1.3) was published on 14 July 2023.

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

UNIFIED INTERPRETATION OF SOLAS REGULATION II-1/1.1.3