This document has been superseded by MSC-MEPC.5/Circular.16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