Shipping industry, like any other sectors, has been affected by COVID-19 outbreak which has been declared as a pandemic by the World Health Organization ("WHO") on March 11, 2020. In this regard, both local and international maritime authorities and organizations take measures and give recommendations in order to minimize the effects of the pandemic on the shipping industry. To that end, the International Maritime Organization ("IMO") has issued several circulars and statements which we will summarize below. It should be noted that there are some older IMO instruments that may be relevant to the impact on shipping caused by the pandemic.1

Joint Statement of IMO and WHO

On February 21, 2020, IMO issued the Circular Letter 4204/Add.2 on Joint Statement IMO-WHO on the Response to the COVID-19 Outbreak ("Joint Statement") in order to assist states in ensuring that health measures are implemented in a manner that minimize unnecessary interference with international trade and traffic. The main points raised in the Joint Statement can be summarized as follows:

  • WHO and IMO particularly underlined the importance of respecting the requirements of free pratique2 for ships while recognizing the need to prevent the spread of COVID-19.
  • While referring to the commitment of the states that are parties to the International Health Regulations ("IHR") as to providing a public health response to the spread of the pandemic in ways that are commensurate with and restricted to public health risks and that avoid unnecessary interference with international traffic and trade, it is stated in the Joint Statement that even non-parties to the IHR should endeavour to apply the IHR to international shipping as per the Convention on the Facilitation of Maritime Traffic ("FAL Convention").
  • Accordingly, it is reminded in the Joint Statement that measures interfering with international maritime traffic are subject to provisions of the IHR, including the specific requirements set out in the Article 43 thereof3. Joint Statement also refers to the Articles I and V and Section 6 of the Annex of the FAL Convention in where the principles of avoiding unnecessary restrictions or delay on port entry to ships, persons and property on board are also set out.
  • Lastly, it draws attention to the cooperation between flag state authorities, port state authorities and control regimes, companies and ship masters for ensuring that passengers can be embarked and disembarked, cargo operations can occur, stores and supplies can be loaded and crews can be exchanged during the pandemic.

Guidance Related to the Certification of Seafarers and Fishing Vessel Personnel

Since the pandemic has caused a significant problem regarding the certification procedures of the seafarers and fishing vessel personnel, IMO has provided guidance on this matter through Circular Letter No.4204/Add.5.Rev.1 on April 2, 2020.

IMO encourages the Issuing Administrations to take a pragmatic and practical approach regarding the extension of certificates, and endorsements, as strictly necessary, in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 ("STCW") and International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel 1995 ("STCW F") and to notify ships, seafarers and relevant administrations accordingly.

Port state control authorities and port and coastal states are also encouraged by IMO to take a pragmatic and practical approach in relation to these certificate and endorsement extensions, and their acceptance in the exercise of control procedures.

Preliminary List of Recommendations for Governments and Relevant National Authorities on the Facilitation of Maritime Trade During the Pandemic

Following the G20 Leaders' Summit on COVID-19 held on March 26, 2020, IMO has issued the Circular Letter No. 4204/Add.6 referring to the outcome of the said summit which addressed international trade disruptions and providing the Preliminary List of Recommendations for Governments and Relevant National Authorities on the Facilitation of Maritime Trade During the COVID-19 Pandemic ("List") that was proposed by global industry associations with consultative status representing the maritime transportation sector.4 IMO has invited the Member States and international organizations, where appropriate, to make use the recommendations in the List which can be summarized as follows:

  • Governments and national authorities are urged to ensure that all visiting commercial ships have uninterrupted access to berths in port and terminals and that quarantine restrictions are not imposed "on the ship itself" which otherwise would hinder the timely discharge and/or loading of cargoes or other critical activities.
  • Governments and national authorities are advised to designate professional seafarers and marine personnel, regardless of nationality when in their jurisdiction, as "key workers" providing an essential service and identify port workers, port authority and port service personnel, other vital ancillary personnel and ship suppliers as the same regardless of whether they are public or private sector employees. They are also recommended to grant professional seafarers and marine personnel with any necessary and appropriate exemptions from national travel or movement restrictions in order to facilitate their joining or leaving ships. To that end, the List suggests relevant authorities to accept, the seafarers' identity documents, discharge books, STCW certificates, seafarer employment agreements and letters of appointment from the maritime employer for the purposes of crew changes and allow them to disembark ships in port and transit through their territory for the purposes of crew changes and repatriation.
  • In order to facilitate port operations, relevant authorities are encouraged to promote the use of electronic solutions for ship-shore, administrative and commercial interactions between all entities operating in ports and ships and to ensure that any special requirements or pre-arrival information required from arriving ships, because of the measures introduced due to the pandemic, are effectively shared and communicated  with all relevant stakeholders in international shipping within the shortest time. Relevant authorities are also advised to permit any essential ship's classification and statutory surveys and inspections to be carried out when these are necessary to allow ships to maintain compliance.
  • As for the health measures, relevant authorities are suggested to request ships to (i) report any signs of disease on board as early as possible before arrival to the relevant authority in the port, (ii) regularly monitor the crew while in port for determining any symptoms associated with the disease, and (iii) notify the relevant authority in the port of any changes in circumstances of the health of the crew. In order to prevent introduction or spread of the disease, they are also urged to consider temporarily restricting shipboard personnel to the ship while in port unless disembarking as part of a crew change or to receive emergency medical attention not available on board. Limiting the number of interactions with shipboard personnel by entities in the port to the extent necessary for uninterrupted operation and supply of the ship is another recommendation for the relevant authorities.

IMO has referred to the abovementioned recommendations on the press briefing dated April 1, 2020 as well.5

Guidance Concerning Unforeseen Delays in the Delivery of Ships

IMO has received communications from Member States as to the problems faced by shipbuilders, equipment suppliers, shipowners, surveyors and service engineers regarding the timely delivery of ships due to the pandemic and has issued the Circular Letter No. 4204/Add. 7 dated April 3, 2020 on unforeseen delays in the delivery of ships. In this Circular, IMO has referred to Unified Interpretation of the Application of Regulations Governed by the Building Contract Date, the Keel Laying Date and the Delivery Date for the Requirements of the SOLAS and MARPOL Conventions ("MSC-MEPC.5/Circ.8") and Unified Interpretation of "Unforeseen Delay in the Delivery of Ships" ("MSC.1/Circ.1247") and has urged Member States to consider the application of the said interpretations to ships the delivery of which is delayed beyond July 1, 2020.

MSC-MEPC.5/Circ.8 stipulates that should a ship's delivery date occurs on or after the delivery date specified for a particular set of regulation amendments, then, that set of regulation amendments applies except in the case where the administration has accepted that the delivery of the ships was delayed due to unforeseen circumstances beyond the control of the shipbuilder and the owner.

MSC.1/Circ.1247, to which MSC-MEPC.5/Circ.8 also refers, states that a ship for which the building contract (or keel laying) is executed, and the scheduled delivery date of which is before the date specified in the regulation, but where the delivery has been subject to delay beyond the specific date due to unforeseen circumstances beyond the control of the builder and the owner, may be accepted by the administration as a ship delivered before the date of delivery specified in the regulation. It further sets out that such ships accepted by the Administration should also be accepted by Port States.

The issue regarding possible delays on the delivery of ships originally scheduled to be delivered before July, 1 2020, which are not designed and constructed in compliance with the requirements of SOLAS regulation II-1/3-10 that will become effective for ships delivered on or after the said date, has also been addressed in the Circular. In this regard, the Circular refers to Draft Interpretation of SOLAS Regulation II-1/3-10 Concerning the Term "Unforeseen Delay in Delivery of Ships" which mainly stipulates the principles set out in the MSC.1/Circ.1247.

We recommend all shipowners, agencies, shipbuilders and other entities engaged in maritime transportation to closely follow the measures taken by both local and international maritime organizations and relevant authorities in response to the COVID-19 pandemic in order not to face any inconveniences during their operations.

Footnotes

1. Such instruments include but are not limited to International Convention for the Safety of Life at Sea, 1974; the International Convention for the Prevention of Pollution from Ships, 1973; the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004; the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and resolution A.1119(30); Procedures for Port State Control, 2017.

2. Free pratique is a certificate given to a ship to enter a port proving that the ship is free from any contagious disease.

3. As per the said article, state parties implementing additional health measures interfering with international traffic shall inform WHO of such measures and their health rationale within 48 hours of implementation unless these are covered by a temporary or standing recommendation and shall review such measures within three months.

4. Such associations include the following: ICS, BIMCO, CLIA, FONASBA, IACS, IAPH, IMCA, IMEC, INTERCARGO, INTERFERRY, INTERMANAGER, INTERTANKO, IPTA, ITF, P&I Clubs and WSC.

5. http://www.imo.org/en/MediaCentre/PressBriefings/Pages/09-seafarers-COVID19.aspx

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