1 The Maritime Safety Committee, at its 104th session (4 to 8 October 2021), and the
Marine Environment Protection Committee, at its seventy-seventh session (22 to 26
November 2021), approved the Model agreement for the authorization of recognized
organizations acting on behalf of the Administration prepared by the
Sub-Committee on Implementation of IMO Instruments at its seventh session (12 to 16 July
2021), as set out in the annex, to assist Administrations when formalizing, in writing,
a delegation of authority agreement for the purpose of having statutory certification
and services rendered by a recognized organization (RO) on their behalf.
2 The IMO Instruments Implementation Code (III Code) (resolution A.1070(28)), in
paragraph 18.2, and the Code for Recognized Organizations (RO
Code) (resolutions MSC.349(92) and MEPC.237(65)), in paragraph 8.2.1 of part 2,
prescribe that the Administration should establish the legal basis on which the
authorization of statutory certification and services is administered and should
regulate such authorization in accordance with the applicable requirements of the
international mandatory instruments. The authorization should have, as its basis, a
formal written agreement between the Administration and the RO which, as a minimum,
includes the elements set out in appendix 3 of the RO Code, or
equivalent legal arrangements, and which may be based on the Model Agreement as set out
in this circular.
3 The Model Agreement covers the elements included in appendix 3 of the RO
Code. The appendix to the Model Agreement is an integral part of the Model
Agreement. The Administration should specify the scope and extent of the delegated
duties and authorities in an appendix to its agreements with ROs based on the appendix
of the Model Agreement.
4 It is recognized that the legal system of the individual Administration as well as
additional national requirements may require adaptation of the wording provided in the
annex to this circular.
5 The guidance provided by the Model Agreement together with its appendix is considered
to meet the minimum standard for a formal written agreement as set forth in both the III
Code and RO Code. This Model
Agreement, at the discretion of the Administration, may be supplemented by additional
matters and/or may be formulated in more detail.
6 Member Governments are invited to use the Model Agreement when concluding a formal
agreement with organizations acting on their behalf.
7 This circular supersedes MSC/Circ.710 and
MEPC/Circ.307.