Guidelines for authorizations under SOLAS Chapter XV issued by the UK

UK Maritime and Coastguard Agency issued Marine Information Notice MIN 708 (M) regarding authorisations issued in accordance with SOLAS XV/3.2 and 3.3.

The MIN was published on 8 April 2024.

Summary

This Marine Information Note (MIN) provides information regarding arrangements for UK ships already carrying industrial personnel in accordance with MGN 674 and which may need to obtain an authorisation from the Maritime and Coastguard Agency (MCA) in order to continue operating in accordance with the grandfathering provisions established by SOLAS XV/3.2 and 3.3. Operators of non-UK ships operating in the UK Exclusive Economic Zone should also obtain similar documentation from their relevant flag State in view of the possibility that the ship may be subject to port State control in the UK, in order to comply with the policy approach outlined in paragraph 2.1 below.

1. Introduction/background

1.1 SOLAS XV¹ recognises that there are ships already operating and carrying industrial personnel. Ahead of entry into force of SOLAS XV (1 July 2024), the International Maritime Organization (IMO) developed interim recommendations² which state that such personnel should not be considered as passengers in accordance with SOLAS I/2(e) and include measures that recognise the different status of these personnel. SOLAS XV will apply to ships carrying more than an aggregate of 12 industrial personnel, special personnel, and passengers.

1.2 The intention of these recommendations was to set an interim standard to enable industrial personnel to continue to be transported on the basis of the ship meeting the requirements of the 2008 SPS Code or other standards, provided that an equivalent level of safety is met which is acceptable to the Administration. These recommendations were originally published by the MCA in MGN 674.

1.3 SOLAS XV/3.2 and 3.3 provide for grandfather rights for cargo ships and high-speed cargo craft which have complied with the interim recommendations before 1 July 2024. Unless such “existing” ships wish to comply with the IP Code in full on 1 July 2024, during the period from 1 July to the date of the first survey specified in SOLAS XV/3.2 or 3.3, these ships will need to carry an authorisation from the flag State to enable the ship to continue operating. Failure to carry such an authorisation will result in the ship being required to fully comply with the IP Code³ (SOLAS XV/3.4).

1.4 The MCA has already contacted shipping companies which operate ships under the UK flag which may be affected. However, the MCA is also publishing this MIN in order to ensure wider promulgation of this issue.

2. Action required

2.1 Ship operators that need to obtain such an authorisation from the MCA but have not yet done so should contact their customer service manager in the first instance in order to make arrangements. Strictly, SOLAS XV/3.2 and 3.3 only apply to cargo ships >500GT undertaking international voyages. However, the policy decision has been taken to apply the same provisions to vessels <500GT and operating non-international voyages. For High-Speed Offshore Service Craft Code which intend to be certified in accordance with the IP Code and wish to benefit from the grandfathering rights in SOLAS XV, the same authorisation will be needed. The need for authorisation does not apply to vessels which comply with the Workboat Code because such vessels do not carry more than 12 industrial personnel.

1. Resolution MSC.521(106)) – Chapter XV Safety measures for ships carrying industrial personnel
2. Refer to the IMO Interim Recommendations on the safe carriage of more than 12 industrial personnel on board vessels engaged on international voyages (resolution MSC.418(97)).
3. Resolution MSC.527(106)) – International Code of Safety for Ships Carrying Industrial Personnel (IP Code)

All regulations can be found at legislation.gov.uk

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

SOLAS Chapter XV – Authorisations Issued in Accordance with SOLAS XV/3.2 and 3.3