Committees and subsidiary bodies
5.1 The subsidiary bodies should, as necessary, operate under the instructions of both
MSC and MEPC and should report on specific outputs directly and separately to the
Committee that has sought their expert advice, rather than reporting to both
Committees.
5.2 The subsidiary bodies should periodically review their terms of reference to ensure
that they accurately reflect the work being carried out.
5.3 The Committees should periodically review the necessity for the continued existence
of their subsidiary bodies.
5.4 The subsidiary bodies should not recommend the convening of working groups during
sessions of a Committee without prior consultation by the Chairman of the subsidiary
body concerned with the Chairman of that Committee.
5.5 A subsidiary body may request a contribution from another body, in which case the
latter should be allowed sufficient time to prepare its contribution, taking into
account its planned outputs.
5.6 The Committees should not, as a rule, permit any subsidiary body to commence work on
the review or improvement of provisions already approved by it until sufficient
experience has been gained from the application of such existing provisions.
5.7 Subsidiary bodies should focus their efforts on carrying out the technical work
entrusted to them and should not normally, without good reason, reopen discussions on
the need or the compelling need for a planned or unplanned output, whether it is on
their agenda or not.
5.8 With the aim of facilitating the technical work being carried out effectively and
efficiently, the proponent(s) of proposals for new outputs should ensure that sufficient
and relevant information, in line with the need or compelling need as determined by the
Committee, is made available to the subsidiary body when embarking on its technical
work.
5.9 Subsidiary bodies should not expand the scope of existing outputs unless directed or
authorized to do so by a Committee. Subsidiary bodies should not develop amendments to,
or interpretations of, any relevant IMO instrument without prior authorization from a
Committee. However, in compliance with paragraph 4.10, when seeking a Committee's
authorization to act as provided in the previous two sentences (or when spontaneously
proposing an unplanned output for the current biennium or a new output to be accepted
for inclusion in a Committee's post-biennial agenda), subsidiary bodies should ensure
that their request complies with the provisions of paragraphs 4.6, 4.8 and 4.15, as
appropriate. As subsidiary bodies may not have sufficient time to develop the required
information, given that their biennial agendas are usually only discussed at the end of
their sessions, interested delegations should, in consultation with the subsidiary-body
Chairman and the Secretariat, prepare the information, which should accompany the
proposal, necessary for the Committee to decide whether an unplanned output should be
included in the subsidiary body's biennial agenda or in a Committee's post-biennial
agenda.
5.10 Subsidiary bodies should not, as a rule, issue circulars, which are supposed to be
issued only after approval by the Committees. However, in exceptional cases, subsidiary
bodies may issue circulars within their area of competence, subject to endorsement of
their action by the Committee or Committees concerned at their first subsequent
session.
5.11 Subsidiary bodies should avoid developing unified interpretations of guidelines. In
cases where the existing text of guidelines is vague and therefore needs modification,
the subsidiary body concerned should amend the guidelines accordingly, in lieu of
developing a unified interpretation.
5.12 When considering their planned outputs and/or their provisional agendas for the
following session, subsidiary bodies should seek the advice of the Committees in the
case of planned outputs for which no submissions have been received for two consecutive
sessions.
Guidance on the selection of outputs for the provisional agenda
5.13 Subsidiary bodies should select outputs for their provisional agendas in a manner
ensuring that proper consideration is given to important and urgent issues, taking into
account:
5.14 Planned and unplanned outputs should be selected first from the biennial agenda and,
where the subsequent session will occur in the coming biennium, from the accepted
outputs included in the Committee's post-biennial agenda.
5.15 The total number of selected outputs and the workload of the subsidiary bodies'
provisional agendas should be kept at an appropriate and manageable level, ensuring
high-quality output. Outputs selected from the Committees' post-biennial agendas should
be included in the subsidiary bodies' agendas only when the outputs of the relevant
biennial agenda are completed and the capacity of the subsidiary body allows the
inclusion of additional outputs.
5.16 The remaining outputs not selected will be kept in abeyance and will be transferred
to the provisional agendas of the subsidiary bodies as and when selected by them and
endorsed by the Committee concerned, taking into account the overall workload of the
subsidiary bodies responsible for the work.
Working, drafting, correspondence, intersessional working and other groups
Working groups
5.17 The Committees and their subsidiary bodies should keep the number of working groups
formed during their sessions to a minimum; however, a maximum of three working groups
may be established when necessary, bearing in mind the difficulties that small
delegations experience in being represented in such groups and the fact that such groups
work without interpretation. When a working group has completed its task and has been
terminated, no other working group should be convened in its place during the same
session. To that end, subsidiary bodies should endeavour to consider, as appropriate,
items on their agenda in plenary, rather than establishing groups to deal with them.
5.18 Where more than three working groups are needed to deal with different subjects in
one session, the Committees and subsidiary bodies should establish an order of priority
for possible subject items and decide accordingly. Where more than three unrelated
topics need to be covered by independent working groups over several sessions,
arrangements may be made for groups concerned to meet at alternate sessions of the
Committee and subsidiary body concerned, within the maximum of three working groups per
session.
5.19 Working groups may start work on the first morning of a session under draft terms of
reference presented by the Chairman of the Committee or subsidiary body concerned,
pending formal discussion of those terms of reference under the relevant agenda item.
However, these measures should be an option and be decided at the meeting with caution.
Whenever possible, terms of reference for working groups should be agreed at the
previous sessions of the parent Committee or subsidiary bodies. Another option is for
the draft terms of reference of working and drafting groups issued at the beginning of a
session, in accordance with paragraph 5.36 of these guidelines, to identify items on
which groups may start working on the first morning of the session, without prior
consideration of the related agenda items in plenary.
5.20 In principle, a working group should not have splinter groups. However, where it is
necessary to establish one or more splinter groups to facilitate efficient work, the
working group should do so by unanimous agreement and should consider and agree to the
outcome of the splinter group's work before incorporating it in its report. Splinter
groups, if established, should meet outside normal working hours, unless the working
group decides otherwise to improve the efficiency of the work.
5.21 Subsidiary bodies' working groups, if circumstances and time constraints so dictate,
may submit their reports directly to the Committees if authorized to do so by the parent
body, following consultations between the Chairman of the group, the Chairman of the
parent body and the Chairmen of the Committees concerned.
5.22 When appropriate, working groups should make full use of the five working days of a
session in submitting their reports to the next session of their parent body. When
working group reports are to be prepared during a session, all efforts should be made to
keep them as short as possible.
5.23 Permanent working groups should be avoided, however, if there is a need for such a
group, a clear justification and appropriate terms of reference should be provided by
the subsidiary body concerned.
Drafting groups
5.24 In addition to working groups, the Committees and their subsidiary bodies may form
drafting groups. In no case should more than five groups (e.g. three working and two
drafting groups) meet simultaneously during a session. If additional drafting groups are
needed, they should meet outside normal working hours.
Other groups
5.25 In addition to working and drafting groups, the Committees and their subsidiary
bodies may form other groups, such as technical or review groups, as required under
relevant conventions. Depending on the necessity and urgency of the issue to be
considered, such groups may meet in addition to or in lieu of working or drafting
groups.
Correspondence groups
5.26 To facilitate the consideration of an issue, correspondence groups may be
established by the Committees or subsidiary bodies and be instructed to work on a
consolidated draft text prepared by a "lead country" or the Secretariat, provided that
the Committee has agreed to consider the issue and has endorsed terms of reference for
the group (see also paragraph 5.36). Thus, through consultation between interested
delegations by correspondence, the volume of documents submitted and processed can be
reduced.
5.27 Correspondence groups should utilize modern communications technology, such as the
Internet, as much as possible.
5.28 The work of a correspondence group (e.g. the receipt and processing of comments and
suggestions) should not pre-empt formal consideration of the relevant issue by the
parent body concerned or the positions taken by Member Governments or international
organizations participating in the group.
5.29 Normally, the Committees and subsidiary bodies should not establish more than three
correspondence groups, although this number may be increased where the urgency of the
matter under consideration so justifies. Sub-groups within a correspondence group should
not be established. No official meetings of members of correspondence groups should be
held without the prior approval of the Committee(s).
5.30 Participation in correspondence groups is open to all delegations (Governments and
organizations) that can provide the necessary expertise on a timely basis or that have a
particular interest in the issue under consideration. Any Member Government or
international organization can join in the work of a correspondence group once the group
is established; and the group should accept contributions at any stage of its work.
5.31 When establishing a correspondence group, a "lead country", "lead organization" or
the Secretariat should be designated to coordinate the group's work. Responsibilities of
group coordinators include:
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.1 preparation, maintenance and circulation of the list of participants;
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.2 establishment of deadlines for the preparation of draft texts and receipt of
comments and proposals concerning them;
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.3 preparation and circulation of draft texts and comments concerning them;
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.4 preparation and submission to the Secretariat of the report of the
correspondence group, including any consolidated draft texts (see paragraph
5.35); and
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.5 introduction of the above-mentioned report and consolidated draft texts to the
appropriate Committee or subsidiary body.
5.32 Responsibilities of participants include:
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.1 active participation in the work of the group;
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.2 compliance with the deadlines established for the submission of comments on
draft texts, proposals, etc.; and
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.3 relaying to other group members copies of comments, proposals, etc. submitted
to the group coordinator.
5.33 The responsibilities of the Secretariat, in cases where the Secretariat acts as a
group coordinator, should be the same as those described in paragraph 5.31 above. The
Secretariat may also be requested to circulate consolidated draft texts, etc. on behalf
of the group coordinator.
5.34 The results of work carried out by correspondence groups should normally take the
form of a consolidated draft text reflecting the information received from members of
the group. Such texts should be accompanied by a succinct report summarizing the work
and indicating which members have provided input to the process. Where it has not been
possible to prepare an agreed consolidated draft document, the texts or issues on which
there was disagreement should be clearly indicated in the draft document or the report,
as appropriate.
5.35 Correspondence groups' reports should be submitted to the first session of the
parent body after the conclusion of the groups' work, in time to meet the deadline
established for consideration of substantive documents, in accordance with the
provisions of paragraph 6.12. Normally the work of correspondence groups should not
overlap with sessions of the parent Committee or subsidiary body. If the group has not
finalized its work in time to meet the applicable deadline, a progress report should be
made to the parent body.
Terms of reference of working, drafting and correspondence groups
5.36 When working, drafting and correspondence groups are to be formed, draft terms of
reference should be prepared, following consultations between the Chairman of the
relevant Committee or subsidiary body and the Secretariat, for approval by plenary. In
the case of working and drafting groups, these draft terms of reference should be issued
by the Secretariat at the beginning of the session for agreement by plenary before the
groups in question start their work. Thereafter, the agreed terms of reference should
not be modified or extended without the parent body's prior consent.
Intersessional working groups
5.37 Subject to endorsement by the Council, intersessional meetings of working groups may
be convened without interpretation services. Intersessional meetings should be held only
if considered to be absolutely essential and after careful consideration of their
necessity by the relevant Committee on a case-by-case basis, taking into account the
priority and urgency of the specific matter that such meetings will be invited to
address. Intersessional meetings of such groups should be held at IMO Headquarters
immediately before or after a session of the parent body concerned. Other arrangements
may be considered, however, no arrangements should be made in respect of an
intersessional meeting until such a meeting has been approved by the Committee.
Intersessional working groups and technical groups should not be held at the same time
as Committee or Sub-Committee meetings.