The Maritime Safety Committee
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The Maritime Safety Committee

 This document has been superseded by MSC-MEPC.5/Circular.16

1 Paragraph 2.2 of the Guidelines for the authorization of organizations acting on behalf of the Administrations set out in Assembly resolution A.739(18) prescribes that any assignment of authority to recognized organizations should have a formal written agreement between the Administration and the organization being authorized which should as a minimum include the elements as set out in appendix 2, or equivalent legal arrangements.

  2 In order to assist Administrations when formalizing in writing a delegation of authority for the purpose of having statutory certification services rendered by a recognized organization on their behalf, in implementation of the above provisions, the Maritime Safety Committee, at its sixty-fifth session (9 to 17 May 1995), and the Marine Environment Protection Committee, at its thirty-seventh session (11 to 15 September 1995), approved the model agreement, set out in the annex to this Circular.

  3 Resolution A.739(18) in the Appendix 2 of its annex provides for elements to be included in a formal written agreement between the Administration and the organization being authorized to act on its behalf. The model agreement covers all items identified in Appendix 2 to that resolution. Appendices 1 and 2 to this Circular are integral parts to the model agreement. Appendix 1 specifies the specific scope and extent of the delegated duties and authority and has to be individually set up in accordance with the intent of the Administration. Appendix 2 specifies the reporting and communication patterns for the execution of the delegated duties which have to be individually agreed between the Administration and the recognized organization commensurate with the needs of both parties.

  4 It is recognized that the legal system of the individual Administration as well as additional national requirements may require adaption of the wording provided in this Circular.

  5 The model agreement together with its appendices is considered to meet the minimum standard for a formal written agreement as set forth in A.739(18). This minimum standard, at the discretion of the Administration, may be supplemented by additional matters and/or may be formulated in more detail. As guidance for Administrations wishing to avail themselves of this option, additional and/or alternative provisions are set out in the attachment to this Circular. It contains guidance for alternative and/or more detailed provisions in areas such as information and liaison, supervision, and other conditions, and as such provides additional guidance to the Administration when developing the contents of appendix 1 on applicable instruments and the degree of delegation and appendix 2 on reporting to the Administration.

  6 Member Governments are invited to use the model agreement set out in this Circular when concluding a formal agreement with organizations acting on their behalf.

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