IMO finalises the text of the new Industrial Personnel (IP) Code

IMCA recently participated the first IMO meeting of 2022.

The 8th session of the Sub-Committee on Ship Design and Construction (SDC 8) considered the finalisation of the Mandatory instrument and/or provisions addressing safety standards for the carriage of more than 12 industrial personnel on board vessels engaged on international voyages (also known as the IP Code).

Due to Covid restrictions, the SDC Sub-Committee had not met in 2021 but work continued on the development of the IP Code in a working group in which IMCA participated, represented by Margaret Fitzgerald, Head of Marine Policy & Regulatory Affairs, supported by the Chair and Vice-Chair of IMCA’s MPRA Committee, Peter McCombie (TechnipFMC) and Dennis Janssen (Allseas) respectively. Having reconsidered the report of the working group, the IMCA representatives were concerned that some of the clarifications which were discussed and agreed upon at the meeting were not fully reflected in the final texts of SOLAS Chapter [XV] and the IP Code leading to ambiguity and possible regulatory uncertainty. For this reason, IMCA submitted a paper proposing some editorial changes for the sake of clarification and drawing attention to IMO’S Assembly Resolution A.1103(29) which states:

“Regulation should be clear, written in simple, unambiguous language that allows for a clear understanding of the requirement and facilitates implementation, compliance and enforcement. It should state the aims clearly and transparently with the objective of reducing the risk of misinterpretation or misinformation…”.

Unfortunately, the Sub-Committee was not in favour of re-opening the discussion considering that the draft text developed sufficiently addressed the issues raised by IMCA and that no further clarification was needed. However, the Sub-Committee did agree that a Guidance document should be developed to assist with the implementation of the new IP Code which will enter into force on 1 July 2024.

The MPRA Committee will reconsider the text of the new IP Code and related SOLAS Chapter in order to prepare an impact assessment paper for consideration at SSE 9 when it meets in 2023 to highlight ambiguity in several key areas including:

1. Definitions;
2. Categories of persons on board;
3. Applicability of the IP Code;
4. Passenger ships;
5. Compliance with the SPS Code;
6. Survey and certification with regard to failure of the transfer arrangement; and
7. Carriage of Dangerous Goods

with the intention of ensuring that clarifying text is included in the Guidance document which will be developed.

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