1 The objective of this Code is to enhance global
maritime safety and protection of the marine environment and assist
States in the implementation of instruments of the Organization.
2 Different States will view this Code according
to their own circumstances and should be bound only for the implementation
of those instruments to which they are Contracting Governments or
Parties. By virtue of geography and circumstance, some States may
have a greater role as a flag State than as a port State or as a coastal
State, whilst others may have a greater role as a coastal State or
a port State than as a flag State.
3 In order to meet the objective of this Code,
a State is recommended to:
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.1 develop an overall strategy to ensure that
its international obligations and responsibilities as a flag, port
and coastal State are met;
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.2 establish a methodology to monitor and assess
that the strategy ensures effective implementation and enforcement
of relevant international mandatory instruments; and
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.3 continuously review the strategy to achieve,
maintain and improve the overall organizational performance and capability
as a flag, port and coastal State.
4 Under the general provisions of treaty law and
of IMO conventions, States should be responsible for promulgating
laws and regulations and for taking all other steps which may be necessary
to give those instruments full and complete effect so as to ensure
safety of life at sea and protection of the marine environment.
5 In taking measures to prevent, reduce and control
pollution of the marine environment, States should act so as not to
transfer, directly or indirectly, damage or hazards from one area
to another or transform one type of pollution into another.
6 The Code seeks to address those aspects necessary
for a Contracting Government or Party to give full and complete effect
to the provisions of the applicable international instruments to which
it is a Contracting Government or Party, pertaining to:
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.1 safety of life at sea;
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.2 prevention of pollution from ships;
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.3 standards of training, certification and watchkeeping
for seafarers;
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.4 load lines;
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.5 tonnage measurement of ships; and
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.6 regulations for preventing collisions at sea.
7 The following areas should be considered and
addressed in the development of policies, legislation, associated
rules and regulations and administrative procedures for the implementation
and enforcement of those obligations and responsibilities by the State:
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.1 jurisdiction;
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.2 organization and authority;
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.3 legislation, rules and regulations;
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.4 promulgation of the applicable international
mandatory instruments, rules and regulations;
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.5 enforcement arrangements;
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.6 control, survey, inspection, audit, verification,
approval and certification functions;
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.7 selection, recognition, authorization, empowerment
and monitoring of recognized organizations, as appropriate, and of
nominated surveyors;
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.8 investigations required to be reported to the
Organization; and
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.9 reporting to the Organization and other Administrations.
8 When a new or amended instrument of the Organization
enters into force for a State, the Government of that State should
be in a position to implement and enforce its provisions through appropriate
national legislation and to provide the necessary implementation and
enforcement infrastructure. This means that the Government of the
State should have:
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.1 the ability to promulgate laws, which permit
effective jurisdiction and control in administrative, technical and
social matters over ships flying its flag and, in particular, provide
the legal basis for general requirements for registries, the inspection
of ships, safety and pollution prevention laws applying to such ships
and the making of associated regulations;
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.2 a legal basis for the enforcement of its national
laws and regulations including the associated investigative and penal
processes; and
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.3 the availability of sufficient personnel with
maritime expertise to assist in the promulgation of the necessary
national laws and to discharge all the responsibilities of the State,
including reporting as required by the respective conventions.
Communication of information
9 The State should communicate its strategy, as
referred to in paragraph 3, including information on its national
legislation to all concerned.
10 Records, as appropriate, should be established
and maintained to provide evidence of conformity to requirements and
of the effective operation of the State. Records should remain legible,
readily identifiable and retrievable. A documented procedure should
be established to define the controls needed for the identification,
storage, protection, retrieval, retention time and disposition of
records.
11 States should continually improve the adequacy
of the measures which are taken to give effect to those conventions
and protocols which they have accepted. Improvement should be made
through rigorous and effective application and enforcement of national
legislation, as appropriate, and monitoring of compliance.
12 The State should stimulate a culture which
provides opportunities for improvement of performance in maritime
safety and environmental protection activities, which may include,
inter alia:
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.1 continual training programmes relating to safety
and pollution prevention;
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.2 regional and national drills on safety and
pollution prevention, which engage a broad spectrum of maritime-related
national, regional and international organizations, companies and
seafarers; and
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.3 using reward and incentive mechanisms for shipping
companies and seafarers regarding improving safety and pollution prevention.
13 Further, the State should take action to identify
and eliminate the cause of any non-conformities in order to prevent
recurrence, including:
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.1 review and analysis of non-conformities;
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.2 implementation of necessary corrective action;
and
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.3 review of the corrective action taken.
14 The State should determine action needed to
eliminate the causes of potential non-conformities in order to prevent
their occurrence.