On 19 May 2016, the IMO Maritime Safety Committee adopted amendments to SOLAS by Resolution MSC. 402(96). This resolution includes amendments to SOLAS Regulation III/20 – Operational readiness, maintenance and inspections. Additionally, a new definition is added to SOLAS Regulation III/3.
IMO Resolution MSC.404(96) has been implemented into Norwegian legislation by a reference in Regulations of 18 December 2019 No. 1988, which amends section 2 of the Regulations of 1 July 2014 No. 1019 on life-saving appliances on ships. The amendment entered into force on 1 January 2020
1. Target group for this Circular
This Circular is intended for suppliers of maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear, as well as companies operating ships with:
1.1. International Passenger Ship Safety Certificate, cf. section 6 of the Regulations of 22 December 2014 No. 1893 on qualifications and certificates for seafarers (Certificate Regulations);
1.2. Cargo Ship Safety Equipment Certificate, cf. section 8 second paragraph of the Certificate Regulations;
1.3. Passenger Certificate, cf. section 20 first paragraph of the Certificate Regulations:
1.4. Trading Certificate, cf. section 24 of the Certificate Regulations.
2. Amendments to SOLAS Regulation III/20 – Operational readiness, maintenance and inspections
SOLAS Regulation III/20.11 on maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear is amended. Below, we refer to the provision of the new SOLAS Regulation III/20.11.5,
which reads:
“The thorough examination, operational testing and overhaul required by paragraphs 11.1 to 11.4 and the maintenance and repair of equipment specified in paragraphs 11.1 to 11.4 shall be carried out in accordance with the Requirements for maintenance, thorough examination, operational testing, overhaul and repair, and the instructions for onboard maintenance as required by regulation 36.”
2.1. SOLAS Regulation III/20.11.5, quoted above, refers to “[...] requirements for maintenance, thorough examination, operational testing, overhaul and repair [...]”. This phrase is defined in the new SOLAS Regulation III/3.25.
The definition reads:
“Requirements for maintenance, thorough examination, operational testing, overhaul and repair means the Requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear, adopted by the Maritime Safety Committee of the Organization by resolution MSC.402(96), as may be amended by the Organization, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I.”
2.2. With reference to the new provision of SOLAS Regulation III/20.11.5, relevant parts of IMO Resolution MSC.402(96) shall be complied with, i.a. section 3 of the resolution, requiring that the activities described in sections 6.2 and 6.3 shall be conducted by personnel who are either certified by the manufacturer of the life-saving appliances or by a service provider authorised to carry out maintenance of life-saving appliances.
3. Certification of personnel
Activities required by Resolution MSC.402(96) paragraphs 6.2 (Annual thorough examinations and operational tests) and 6.3 (Five-year thorough examination, overhaul and overload operational tests) shall be carried out by certified personnel of either
3.1. the manufacturer of the life-saving appliances and associated equipment, or
3.2. an authorised service provider.[1]
4. Authorisation of service suppliers
4.1. A service supplier who can demonstrate compliance with the requirements of paragraph 7.1 of IMO Resolution MSC.402(96) may be authorised by the Administration (flag State).
An Administration may accept service providers authorised by other Administrations or by their Recognised Organisations, cf. MSC.402(96) paragraph 7.4.3.
The NMA will not be responsible for authorising service providers in Norway (see paragraphs 4.2 and 5 below).
4.2. The company can use a service provider authorised by either
4.2.1. one of the organisations recognised by the NMA:
- American Bureau of Shipping (ABS);
- Bureau Veritas Marine & Offshore (BV);
- Nippon Kaiji Kyokai (ClassNK);
- DNV GL;
- Lloyd’s Register of Shipping (LR);
- RINA Services S.p.A (RINA); or
4.2.2. flag States on the Paris MoU White List, as promulgated by the Paris MoU Secretariat, as amended.
4.3. The legal basis for the NMA's acceptance is stated in section 2 of the Regulations of 1 July 2014 No. 1019 on life-saving appliances on ships, cf. SOLAS Regulation III/20.11.5, cf. Resolution MSC.402(96) paragraph 7.4.3.
5. How to be an approved service provider
Service providers that want to be authorised in Norway in compliance with Resolution MSC.402(96) may contact one of the recognised organisations mentioned above.
6. Information on accepted service providers
On the NMA's website, you will find information on suppliers that are accepted by the Norwegian Maritime Authority and offer services in Norway related to maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear.