1 Introduction
1.1 The Maritime Safety Committee (the Committee), at its ninety-third
session, approved the Guidance on entry into force of amendments to the 1974
SOLAS Convention and related mandatory instruments (MSC.1/Circ.1481). This Guidance reintroduced the four-year cycle of
entry into force of amendments to the 1974 SOLAS Convention and related mandatory
instruments. However, several amendments to the 1974 SOLAS Convention and relevant
mandatory instruments, adopted by the Committee after the approval of the Guidance,
have been accompanied by MSC circulars inviting voluntarily implementation of these
amendments in advance of the entry-into-force date. Following a concern expressed at
MSC 96, the Committee, at its ninety-eighth session, approved the present
Guidelines on the voluntary early implementation of amendments to the 1974
SOLAS Convention and related mandatory instruments.
1.2 These Guidelines describe criteria and a coherent approach to be used
by the Committee when taking the decision on issuing MSC circulars on the voluntary
early implementation of the amendments to the 1974 SOLAS Convention and related
mandatory instruments.
2 Definition of voluntary early implementation
2.1 For the purpose of these Guidelines, "voluntary early implementation" means a
decision by a Contracting Government to the Convention to bring into effect the
adopted amendment(s), with respect to ships entitled to fly its flag, prior to the
entry-into-force date of those amendments.
2.2 Voluntary early implementation is at the sole discretion of a Contracting
Government and it should be noted that they may use different terminology in line
with their national legislation.
3 Decision on voluntary early implementation
3.1 The Committee may, in certain circumstances, invite Contracting
Governments to consider the voluntary early implementation of amendments to the
Convention and related mandatory instruments. When making a decision to invite the
Contracting Governments to implement amendments earlier, the Committee should
consider:
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.1 the entry-into-force date of the amendments, in particular as
to whether the Committee agreed to an entry-into-force date outside of the
four-year cycle under paragraph 4.1 of the Guidance (MSC.1/Circ.1481);
.2 the importance of the safety improvements addressed in the
amendments;
.3 the effect of the amendments in improving the occupational
health and safety of seafarers;
.4 the relative importance of the amendments to the
Convention;
.5 the needs of Administrations and industry, when preparing for
the entry into force of the amendments;
.6 the benefits of an early implementation of the amendments for
stakeholders; and
.7 the practicable realities of achieving early
implementation.
3.2 Any decision regarding voluntary early implementation should be
clearly recorded in the report of the Committee. The Committee should then issue an
MSC circular inviting or encouraging "voluntary early implementation", based on the
template set out in the appendix to these Guidelines.
3.3 Voluntary early implementation should be communicated by the
Contracting Government to the Organization for dissemination through GISIS.
3.4 In addition to the aforementioned communication, a Contracting
Government may also consider the use of the existing provisions for equivalent
arrangements under SOLAS regulation I/5 to cover the interim period between the date
of the voluntary early implementation and the entry-into-force date of the
amendment(s).
4 Port State control activities
4.1 A Contracting Government, in line with paragraph 1.2.3 of the
Procedure for Port State Control, 2011 (resolution A.1052(27)), as may be amended, when acting as a port State,
should refrain from enforcing its decision to voluntarily early implement amendments
to the 1974 SOLAS Convention and/or related mandatory instruments to ships entitled
to fly the flag of other Contracting Governments calling at its ports.
4.2 When the Committee has invited voluntary early implementation of the
amendments to the 1974 SOLAS Convention and/or related mandatory instruments, the
Contracting Governments, when undertaking port State control activities, should take
into account the invitation and any subsequent communications by other Contracting
Governments through GISIS.