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:– 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:– 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: – 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