20101123 - SPS for IMCA - November 2010, Dubai

A presentation by Mike Meade, M3 Marine IMCA Annual SeminarDubai, 23rd November 2010

A presentation by Mike Meade, M3 Marine IMCA Annual SeminarDubai, 23rd November 2010

Application of the SPS Code for existing and new build vessels

M3 Marine Pte Ltd15 Jalan Kilang Barat #06-03 Frontech Centre Singapore 159357 t: +65 6327 4606 m: [email protected] w: www.m3marine.com.sg All rights reserved.


SPS Code


SPS Code


A Special Purpose Ship is…a ship….which carries more than 12 special personnel…

A ‘special person’ is a person who is specially needed for the particular operational duties of the ship in addition to the ships crew….

Surveyors, divers and crane operators get ‘specific’ mention in the SPS code…but applies to many others

SPS, What is it?


Our Vessels that the 2008 SPS Code applies to;

Traditional DSV - Diving and Construction Support Ship



The latest Heavy Construction Vessel



Offshore Construction, Rigid and Flexible Pipe Lay



Cable lay and Subsea Construction



DP2 IRM / Construction DSV



Deep water installation, sat. dive, towing, anchor handling, trenching



Seismic



Pipelaying



Wind Farm Construction


IMO – Who & What

Shipping, transports more than 90 per cent of global trade

IMO in the main focuses on traditional shipping (more later)

IMO writes the need for international standards to regulate shipping - which can be adopted and accepted by all.

The first maritime treaties date back to the 19th century. Later, the Titanic disaster of 1912 spawned the first international safety of life at sea convention, now called SOLAS, still the most important treaty addressing maritime safety. SPS is an enhancement to SOLAS

The Convention establishing the International Maritime Organization (IMO) was adopted in Geneva in 1948 and IMO first met in 1959.


IMO …

IMO's main task has been to develop and maintain a comprehensive regulatory framework for shipping and its remit today includes safety, environmental concerns, legal matters, technical co-operation, maritime security and the efficiency of shipping.

IMO is a specialized agency of the United Nations with 168 Member States and three Associate Members, IMO is based in the United Kingdom with around 300 international staff.

IMCA has observer status at IMO.

Offshore shipping is not something that crops up at IMO very often.....


IMO – How Does it work

.........too slowly, lowest common denominator? Or by consensus, lowest common acceptable standard?

IMO adopts legislation - governments implement it

Current hot topics - Goal based standards, air emissions, human element, ship recycling, anti-piracy

But not commercial or social issues - essentially a technical organisation



Parent committees supported by 9 technical sub-committees - workgroups, correspondence groups

169 member governments

Assisted by IGOs and NGOs

75 NGOs – including IMCA

Membership criteria - international, considerable expertise, capability to make substantial contribution

But observer status only – assistance and advice but governments set the agenda




World Marine Fleet

Draft/SCHEDULE of CATEGORIES/ CLASSES/TYPES of SEAGOING SHIPS or VESSELS (2007)

No. Type Ref. No. vessels(%)` GRT(%)

1. BULK CARRIERS (B) 7,488 (10%) 217,970 (28.0%)2. CARGO CARRIERS (CC) 18,715 (26%) 64,424 ( 8.2%)3. CONTAINER SHIPS [C] 4,300 ( 6%) 126,151 (16.0%)4. FISHING VESSELS? (F) ?5. OFFSHORE VESSELS (O) 4,484 ( 6%) 20,210 ( 2.6%)6. PASSENGER VESSELS (P) 6,335 ( 9%) 31,221 ( 4.0%)7. RO-RO CARGO VESSELS [R] 1,632 ( 2%) 37,954 ( 5.0%) 8. SERVICE SHIPS (S) 4,174 ( 6%) 9,809 ( 1.0%)9. TANKERS (Oil/Chemical/Gas) (TA) 12,837 (18%) 267,795 (34.0%)10. OCEAN GOING TUGS (TU) 11,955 (17%) 3,377 (0.4%)

TOTAL 71,929 (100%) 778,911,000 (100%)

NB (i) 25,515+ vessels excess of 100 and up to 500 GRT – (limit for vessels under IMO Conventions)NB (ii) 36,028+ vessels excess of 500 and up to 25,000 GRTNB (iii) 3,386+ vessels in excess of 25,000 GRTNB (iv) 72,929+ “seagoing vessels” in excess of (say) 100 GRT (approximately) world-wideNB (v) Based on EQUASIS’ Statistics published for the world merchant fleet, in 2007


The earlier, SPS Code

Penned “IMO Res. A.534(13)”;

IMO Res. A.534(13) -Code of Safety for Special Purpose Ships, adopted on 17 November 1983 as amended by MSC/Circ.739.

NB. although the offshore industry may be a relatively small area of shipping as a whole, there are nonetheless about 2,500 vessels currently working in offshore construction. Under this Resolution of the SPS Code there were only about 20 to 25 of these vessels that were classed as Special Purpose Ships.


Under IMO A534….

Special Purpose Ship: As defined in IMO Res. A.534(13), paragraph 1.3.4, shall include, but is not limited to, Seismic Research Vessels, Cable Layers, ROV Vessels and Construction Vessels.

Note, the code was written to enhance SOLAS and to protect non Mariners (at Sea).

Application of the code was ‘voluntary’ (Flag state)….it lay dormant for years


Earlier Norway (Important)

Norway's national definition of Offshore Supply Vessel in their regulation 15 is wider than the definition by IMO’s OSV Code. The Norwegian definition includes those ships that

operate "in the close vicinity of oil platforms and other offshore structures in the open sea", and is not Iimited with respect to the length of the vessel.

As a consequence, damage stability according to the IMO OSV code was accepted for ‘Construction type vessels’ ie other than traditional Offshore Supply Vessels and with subdivision lengths of 80 metres and above, i.e. These vessels that did not meet the definition of Offshore Supply Vessel in IMO Res. A.469(XII), paragraph 1.2.1, also after entry into force of SOLAS Chapter II-1 Part B-1.

Relevance…...


… … More Earlier Norway

The relevance? The MAJORITY of Offshore Support Vessels in the Construction sector are influenced by Norwegian design with a significant owned by Norwegian owners and influenced by Norway (still up to 85% by the Industry yardstick)

Norway thus considered all offshore ships as OSV’s (by their rules)

Note, it was an NMD Directorate that OSV’s were not to be Classed SPS (this included construction vessels) under the 1983 Code….


The SPS Code 2008

New Code

Who it effects

What it means


Technical content of the 2008 SPS Code

Philosophy:

•Personnel are able bodied and with a fair knowledge of the layout of the ship and have received some training in safety•procedures and the handling of the ship's safety equipment. The special purpose ships on which they are carried need not be considered or treated as a passenger ship.•The ships have a higher built in / inherent safety standard in;

•Damage stability•Subdivision, e.g. Watertight doors and Double bottom•Bilge pumping•Fire safety and escape•But lesser standard in LSA: As for passenger ships (>60 P)•Emergency Source of power.•Steering Gear


Flag and port States

The SPS 2008 Code, although voluntary (in a flag state sense) has seen a number of ‘coastal’ states demand implementation with the requisite Port State Control implementation.

Notably;

IndiaAustralia andRussia (Russian Far East)


IndiaThe Director General of Shipping Memoranda

April 2006• DG shipping requires SPS A534 be implemented in relevant vessels.• Indian Flagged vessels exempt.

Jan 2007• Specify 2007-2008 Season compliance with LSA part of code.• Specify 2008-2009 Season FULL compliance with the code (note

‘old’ code).• Any vessels proposed to be acquired by Indian Owners MUST comply to the SPS Code.

Sep 2008• Due difficulty in vessels complying to above;• Vessels with less than 50 SP exempt from damage Stability and• Bilge Pumping arrangements and ‘Lifeboat’ exemption offered.• Barges can comply to MODU code.• Exemption offered under certain conditions by DGS only in ‘fair’ season.


Oct 2008• Vessels built after May 13 2008 to comply with 2008 SPS Code (note ‘built after’).• Exemption for pre May 13 2008 built vessels by application and after IRS survey itemising shortfalls.• Applies to Indian Flagged Vessels.

Since 2007 there has been seasonal disruption in India in the fair season as Owners and Charterers have tried to work within the various DG Circulars.

As a general comment things seem to have got better.

India……


Australia•Initially, AMSA (the Australian Maritime Safety Authority) adopted a ‘hard nosed’ approach to implementation of the 2008 code for ALL vessels, of whatever age carrying SP over 12 in Australian waters.

•However, by effective lobbying by Australian Owners and a workgroup setup by IMCA AP Chairman (Andy Bolton), common sense prevailed.. After the IMCA workgroup raised a number of compliance issues with AMSA, they agreed a process for ship operators to apply for specific SPS Code exemptions.

•This effectively has made AMSA sympathetic to older vessels which cannot comply with the Code, given force through their Marine Orders part 50 rev 5 (which link them to the Statutory Act governing, Navigation Act 1912 as amended) and are effectively issuing exemptions which they call "Letters of Acceptance“ based on detailed submission either provided by the vessel owner or Class, which should be based on the list of documents which was agreed when the IMCA representation met with them in Canberra. This list has been provided to IMCA.

•The AMSA SPS Code discussions have been reported to the Asia Pacific section and the IMCA OCSV/SPS Code workgroup.


Australia……


More Flag…SPS2008 has been adopted by :- Cyprus (Cyprus Government Gazette, No. 4328 16.1.2009)- India (Circular No. 3 2008)-Australia (Marine Orders Part 50) – 2008 SPS Code mandatory from 1

January 2010-St. Vincent and the Grenadines (Circular No. SOL 009)- Singapore- UK (MCA) – If vessel carry special personnel as defined in MGN 390(M)- Gibraltar – Uses MGN 390(M)-Germany

Other Flags case by case:- Norway (NIS Circular 1/2009)- Marshall Island (Marine Notice No.2-011-34)- Bahamas, Liberia, Malta.

Flags where Class can not issue SPS Certs;- Panama & IoM


A Touch of ‘Class’

As SPS is an enhancement to SOLAS, Class (in general) were slow to act.

SOLAS rules are adopted and governed by the ‘ Flag States’.

Flag States can nominate ‘Class’ to survey and issue SOLAS based certificates on their behalf.


A Touch of Class….ABS

ABS as yet do not have a Class notation for SPS.

ABS have run various workshops in ME and SEA to educate their clients on SPS.

In general ABS adopt implimamentaion as laid down by flag States.

On a case by case basis ABS will assist Owners lobbying Flag States on a common sense basis.


A Touch of Class …DNV

• DNV arranged SPS seminars in Dubai, Singapore and KL last April.

• The presentation material has been well circulated. It is mostly general information. However, they have a good detailed slide on Stability and some known challenges regarding the SPS code.

• I do not have any more information of any later conclusions or interpretations made since this presentation was made.

• DNV have their own class notation SPS.


More DNV…..

Why do DNV offer an SPS notation?

•IMO’s SPS Code is voluntary.

•SPS class notation will signal compliance with the 2008 SPS Code even if the Flag State has not adopted it.

•Easier to change flag to a Flag that uses the Code.

•Some port states requires a SPS standard for operation in their waters regardless of flag state (India and Australia as examples)


DNV Class SPS


SPS Code 2008, The Problem?

IMO Resolution MSC.266(84) - Code of Safety for Special Purpose Ships, 2008 (hereafter called the SPS Code 2008)

For ships certified after 13th May 2008 (Note it’s the Certification date, not keel lay date)

Introduces a voluntary (in a flag sense) scheme for building and certification of special purpose ships according to the SPS Code 2008

With respect to the former SPS Code, in the form of IMO A 534, going forward certification according to this code is not possible, irrespective of keel laying date


Norway ... (again) ... Sensibly applying the Rules to Suit?

All special purpose ships (SPS) regardless of contract date or when the keel was laid ‘may’ be built and certified according to the requirements of the SPS Code 2008

Norwegian flagged "special purpose ships" which building contracts are signed prior to 16 February 2009 may comply with a modified code allowing certain requirements of the old code still to apply.


Some key features of SPS regulations

IMO Res. MSC.266(84) – Code of Safety for Special Purpose Ships [2008] Damage stability – SOLAS for passenger ships; SP = Passengers; 3 levels of Rvalue: <60 persons: R-value = 0.8R < 240 persons: R-value by interpolation >240 persons: R-value = R

Fire protection – 3 levels <60 persons : SOLAS for cargo ships <240 persons : SOLAS for passenger ships 36 passengers > 240 persons: SOLAS for passenger ships >36 passengers Bilge system All SPSs should comply with SOLAS as though the ship is a passenger ship Lifesaving appliances – 2 levels < 60 persons: SOLAS for cargo ships other than tankers > 60 persons: SOLAS for passenger ships (passenger = SP)


SPS 2008 v 1983

2008 1983


Summary of Requirements of the SPS2008 Code


Some Conflicts

Stability

There are some of the conflicts identified by noteworthy naval architects

These have been taken up with IMO by IMCA and IACS

Speed of response from IMO?

IMO meeting of 9 Jan 09....leading to the submission of 20 Nov 09 which was presented 22nd to 26th Feb 10

There is no ‘quick fix’ !


It was noted from the discussion at MSC 85 that a high-priority item on Classification of offshore industry vessels and consideration of the need for a code for “offshore construction support vessels” should be added to the work programme, with two sessions needed to complete the item. In doing so, the Committee instructed the DE Sub-Committee to consider all other relevant codes with a view to avoid duplication…..

…..Document MSC 85/23/4 suggested that there was a need for clarification of issues arising from the classification of offshore vessels and for determining whether a safety code for offshore construction support vessels needed to be developed. However, as indicated in the presentation of document MSC 85/23/4, in the offshore construction industry there is a wide range of vessels designed for a disparate collection of operational requirements. Further, vessels in the offshore construction industry are being developed to work in deeper waters and more difficult environments, sometimes requiring a need to use new technology. It would be difficult to accommodate all of these operational requirements into an all encompassing new code.

Taking into account a variety of issues, technical and practical, the industry is therefore of the view that clarification of the existing IMO instruments would appear to be far more beneficial than the development of a specific new code, and this view appeared to be reflected in the interventions from Member States during the debate at MSC 85.

…..The current situation can present industry and flag and coastal States with some dilemma when trying to categorize some vessels into a specific classification.


IMCA response to IMO DE Committee in Feb 2010


IMCA response to IMO DE Committee (Feb 10)


IMCA response to IMO DE Committee (Feb 10)

Phil Wiggs and Emily Comyn (IMCA Secretariat) presented to IMO DE 53 in Feb

2010. Approach was to present a way forward concerning “Construction Support

vessels” and “Special Purpose Ships” wrt the (SPS) Code, and the underlying

difficulties of a one size fits all approach. Approach highlighted some of the practical obstacles to building to the SPS code

remain unchanged. It is apparent that a wide range of requirements across the sector meant it is

impossible to develop a single all encompassing code. Tack was to have IMO issue guidance on a risk based approach to Classification of

Offshore vessels and address possible inconsistency and interpretation wrt

“Construction Support Vessels”

The Result……………….?


IMO D53 Result….


IMO D53, Ongoing work re SPS Code

A unified IACS approach;

From the agenda at DE 53 (February 2010)

• Agenda item 15: • IACS requested to develop Unified Interpretations (UIs) to the SPS Code for submission to DE 55; Safe Return to Port to be covered

• Agenda item 25: Any other business• Agreed to a draft MSC resolution on clarifying provisions of para. 5.1, 8.3 and the Record of Equipment for the SPS Certificate for submission to MSC 87 for approval


Conclusions

• The Code is flag ‘voluntary’, confusion can exist with certain port states (witness India and Australia).

• There is a world wide change in attitude from Flag State Administrations and Coastal States with respect to certification of these vessels, both for new buildings and for conversions/upgrades of existing ships.

• 85% of influence (in design) remains Norwegian• Lobbying problematic Port States ‘takes time, effort and money’.• Any change coming from IMO takes time.• The issue of eligibility of the different ship types for the new 2008 SPS Code (MSC.266(84)) has been subject to increased scrutiny.


The Solution ?

The IMCA stand should be ??

• The 2008 SPS Code is an enhancement to SOLAS and should be promoted.• If building a vessel >12 pax the SPS Code 2008 should be adopted, whatever vthe

Flag. • For non-contracted new buildings and major conversions / upgrade projects there will

be a long term benefit in applying the 2008 SPS Code, ensuring compliance with an

internationally recognized standard. Port and coastal states are therefore less likely

to question the standard of the ship and the need to document the ships standard will

be reduced.• For already contracted new buildings and major conversions / upgrade projects

where the statutory certification, type of certificates and related conditions are not yet

formally determined, Owners should be advised to obtain formal confirmations

from the flag state administration without delay. Past practice can no longer be

taken for granted unless confirmed case by case by the flag state administration.


Special Thanks to Phil Wiggs & Emily Comyn , IMCA Secretariat

Special Thanks

To Phil Wiggs and Emily Comyn at the IMCA Secretariat without whom this paper and IMCA’s progress with IMO would not have been possible


Questions & Answers


20101123 - SPS for IMCA - November 2010, Dubai

Documents

special purpose

flag state

offshore supply

offshore construction

imo de committee

offshore construction

flag state

wide range