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Safety of Life at Sea (SOLAS) 1974

The first SOLAS Convention was adopted on 20 January of 1914, with a view to entry
into force in July of 1915. However, it came into force later because of the war that broke
out in Europe.

Since then, there have been four other SOLAS conventions: the second was adopted in
1929 and entered into force in 1933, the third was adopted in 1948 and entered into force
in 1952, the fourth was adopted in 1960, Under the auspices of the IMO and entered in
force in 1965, and the current version was adopted in 1974 and entered into force in 1980.

The SOLAS version of 1960 was the first major task for IMO since the Organization´s
founding and represented a significant step in modernization of the regulations and in the
monitoring of technical developments in the shipping industry.

The intention would be to keep the Convention updated through regular amendments, but
in practice this was found to be very slow.

It has become obvious that it is impossible to ensure the entry into force of amendments
within a reasonable period.

In response to this difficulty, a completely new Convention was adopted in 1974, which
included not only the amendments agreed up to that date but also a new amendment
procedure - the tacit acceptance procedure – designed to ensure that the changes were
made in each period time, preferably short.

The SOLAS Convention is one of the three most important pillars of the international
instruments, which regulate questions relating to maritime safety and pollution prevention,
the other two are the International Convention for the Prevention of Pollution from Ships,
the MARPOL Convention, and the International Convention on Standards of Training,
Certification and Watch keeping for Seafarers, STCW Convention, and undoubtedly the
most important convention in the field of maritime transport. By Decree No. 79/83 of 14
October,

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Portugal approved for ratification the International Convention for the Safety of Life at Sea
of 1974 (74 SOLAS) and by Government Decree No. 78/83 of 14 October, and Decree
No. 51/99 of 18 September, approved the Protocols of 1978 and 1988 for accession the
said Convention.

The amendments to the 74 SOLAS Convention on the Global Maritime Distress and
Safety System and amendments relating to the introduction of new Chapters IX, X and
XI, respectively by Decrees No 40/92, 2 October, and 21/98 of 10 July. It should be noted
that Decree No. 19/2000 of 11 August amends some of the provisions in Chapters IX, X
and XI in the Portuguese translation.

Scope of application

As a rule, the SOLAS Convention applies to cargo ships of 500 gross tonnage or over
and passenger ships on international voyages. The Chapter IV also extends the scope of
the SOLAS Convention to cargo ships with a gross tonnage of 300 tonnes or over, while
the Chapter V applies as a rule to all ships except for warships, naval auxiliaries and other
ships owned or operated by a Contracting Government and used only on Government
non-commercial service.

By Decree-Law No. 106/2004 of May 8, the Portuguese State extended the Annex to the
Convention to all cargo ships flying the national flag, with a gross tonnage of 500 tons or
over, on journeys between the Portuguese Continent and the Autonomous Regions of the
Azores and Madeira and between these Regions.

Structure of the SOLAS Convention

The SOLAS Convention shall consist of a pleading and an Annex. The articles include 13
articles, which cover the aspects related to general obligations, the procedure for adopting
amendments, the way how a State can become a Party to the SOLAS Convention, etc.
The Annex contains the technical rules, which are divided into 14 Chapters. The Chapters
of the SOLAS Convention are:

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Chapter I - General Provisions

Chapter II-1 - Construction - Subdivision and stability, machinery, and electrical

installations

Chapter II-2 – Fire prevention, fire detection and fire extinction

Chapter III - Lifesaving appliances and arrangement

Chapter IV - Radio communications

Chapter V – Safety of Navigation

Chapter VI – Carriage of Cargoes

Chapter VII – Carriage of dangerous goods

Chapter VIII - Nuclear ships

Chapter IX - Management for the Safe Operation of Ships

Chapter X – Safety measures for high-speed craft

Chapter XI-1 - Special measures to enhance maritime security

Chapter XI-2 - Special measures to strengthen shipping security

Chapter XII - Additional security measures for bulk carriers

Chapter XIII – Verification of compliance

Chapter XIV - Safety measures for ships operating in polar waters.

Compulsory Codes under the SOLAS Convention

• International Code for Application of Fire Test Procedures (FTP Code)

• International Code for Fire Safety Systems (FSS Code)
• International Intact Stability Code (IS Code 2008)
• International Code Life-saving Appliance Code (LSA Code)

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• International Maritime Code for Dry Bulk Cargoes (IMSBC Code)

• International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (IBC Code)
• International Code for the Construction and Equipment of Ships Carrying Liquefied
Gases Bulk (IGC Code)
• International Maritime Code for Carriage of Dangerous Goods (IMDG Code
• Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes in Flasks on board Ships (INF Code)
• International Code for the Safety of High-Speed Craft (HSC Code 1994)
• International Code for the Safety of High-Speed Craft (HSC Code 2000)
• Code for the Investigation of Marine Causalities
• International Code for the Security of Ships and Port Facilities (ISPS Code)

Standard of Training, Certification, and Watchkeeping (STCW) 1978)

The 1978 STCW Convention was the first to establish basic requirements on training,
certification and watchkeeping for seafarers on an international level. The Convention
prescribes minimum standards relating to training, certification and watchkeeping for
seafarers which countries are obliged to meet or exceed.

The International Convention on Standards of Training, Certification and Watchkeeping

for Seafarers (STCW), 1978, was adopted by the International Conference on Training
and Certification of Seafarers on 7 July 1978.

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https://www.imo.org/en/OurWork/HumanElement/Pages/STCW-Convention.aspx

The 1978 STCW Convention entered into force on 28 April 1984.

Since then, amendments thereto have been adopted in 1991, 1994, 1995, 1997, 1998,
2004, 2006, 2010, 2014, 2015, 2016 and 2018.

The STCW Code

The regulations contained in the Convention are supported by sections in the STCW
Code.

Part A of the Code is mandatory. The minimum standards of competence required for
seagoing personnel are given in detail in a series of tables.

Part B of the Code contains recommended guidance which is intended to help Parties
implement the Convention.

Purpose of STCW Code

The Code was established to set certain minimum international training standards for
professional mariners.

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The level of certification and training you are required to have is based on the capacity
you serve in & the type of vessel you work on.

STCW Book

Maritime Pollution (MARPOL 73/78)

The MARPOL Convention is the main international convention covering prevention of

pollution of the marine environment by ships from operational or accidental causes. It is
a combination of two treaties adopted in 1973 and 1978 respectively and updated by
amendments through the years.

The International Convention for the Prevention of Pollution from Ships (MARPOL) was
adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals, and harmful
substances in packaged form, sewage and garbage. The Protocol of 1978 relating to the
1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL
Protocol) was adopted at the Conference on Tanker Safety and Pollution Prevention.

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The International Convention for the Prevention of Pollution from Ships (MARPOL) was
adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals, and harmful
substances in packaged form, sewage and garbage. The Protocol of 1978 relating to the
1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL
Protocol) was adopted at the Conference on Tanker Safety and Pollution Prevention.

February 1978 held in response to a spate of tanker accidents in 1976 -1977.

The combined instrument is referred to as the International Convention for the Prevention
of Marine Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto
(MARPOL 73/78), and it entered into force on 2 October 1983 (Annexes I and II).

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https://www.researchgate.net/figure/Summary-MARPOL-73-78-Annexes-Source-IMO-
2014b_tbl1_311637494

Maritime Labor Convention (MLC) 2006

https://www.mariteamservices.com/mlc/?lang=en

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MLC 2006
International Labour Organization (ILO) Convention instrument.
Historic problems of implementing the large number of maritime labor Conventions dating
as far back as the 1920’s.
The MLC 2006 is a single Convention combining and updating 36 existing Conventions
and one protocol previously adopted by the ILO: some by reference, others by revision.
MLC 2006 provides a set of comprehensive rights and protections for seafarers
Aim is to achieve minimum onboard working conditions including working hours, health
and safety, crew accommodation, seafarer welfare and contractual arrangements
“Four Pillars” of Quality Shipping”
1. SOLAS
2. MARPOL
3. STCW
4. MLC
MLC 2006 enters into force on 20 August 2013 as requisite tonnage and States have now
ratified Currently 37 States have ratified the MLC 2006 including important flag, port and
labor supplying States.
Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall
Islands, and Panama) represented over 43 per cent of the gross world tonnage (which is
over 33 per cent; the second requirement for entry into force).
e.g., Panama, Liberia, Bahamas, Philippines, Greece, Marshall Islands, Singapore,
Russian Federation, Netherlands, etc.UK/Isle of Man, China/HK and India soon to follow.
US and Canada not signatories States but have many requirements as required under
the MLC 2006 already under their national legislations.
What does the MLC 2006 mean to shipowners
What must shipowners have ‘certified’ to comply with the MLC 2006?
• Declaration of Maritime Labor Compliance (DMLC)
What are the shipowner’s liabilities?
• MLC Certificate
What documentation will be required by and for shipowners?
• Documentation confirming ‘financial security’ for relevant items

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International Rules for Preventing Collision at Sea (COLREG)

The International Regulations for Preventing Collisions at Sea 1972 (COLREGs) are
published by the International Maritime Organization (IMO) and set out, among other
things, the "rules of the road" or navigation rules to be followed by ships and other vessels
at sea to prevent collisions between two or more vessels.

COLREGs can also refer to the specific political line that divides inland waterways, which
are subject to their own navigation rules, and coastal waterways which are subject to
international navigation rules.

The COLREGs are derived from a multilateral treaty called the Convention on the
International Regulations for Preventing Collisions at Sea.

Although rules for navigating vessels inland may differ, the international rules specify that
they should be as closely in line with the international rules as possible. In most of
continental Europe, the Code Européen des Voies de la Navigation Intérieure (CEVNI, or
the European Code for Navigation on Inland Waters) apply.

In the United States, the rules for vessels navigating inland are published alongside the
international rules.

The Racing Rules of Sailing, which govern the conduct of yacht and dinghy racing under
the sanction of national sailing authorities which are members of the International Sailing
Federation (ISAF), are based on the COLREGs, but differ in some important matters such
as overtaking and right of way close to turning marks in competitive sailing.

The International Maritime Organization (IMO) convention, including the almost four
dozen "rules" contained in the international regulations, must be adopted by each
member country that is signatory to the convention—COLREG laws must exist within
each jurisdiction.

Thereafter, each IMO member country must designate an "administration"—national

authority or agency—for implementing the provisions of the COLREG convention, as it
applies to vessels over which the national authority has jurisdiction.

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Individual governing bodies must pass legislation to establish or assign such authority, as
well as to create national navigation laws (and subsequent specific regulations) which
conform to the international convention; each national administration is thereafter
responsible for the implementation and enforcement of the regulations as it applies to
ships and vessels under its legal authority.

As well, administrations are typically empowered to enact modifications that apply to

vessels in waters under the national jurisdiction concerned, provided that any such
modifications are not inconsistent with the COLREGs.

The UK version of the COLREGs is provided by the Maritime and Coastguard Agency
(MCA), in the Merchant Shipping (Distress Signals and Prevention of Collisions)
Regulations of 1996.

They are distributed and accessed in the form of a "Merchant Shipping Notice" (MSN),
which is used to convey mandatory information that must be complied with under UK
legislation.

These MSNs relate to Statutory Instruments and contain the technical detail of such
regulations.

No right-of-way”

A commonly held misconception concerning the rules of marine navigation is that by

following specific rules, a vessel can gain certain rights of way over other vessels.

No vessel ever has "right of way" over other vessels.

Rather, there can be a "give way" vessel and a "stand on" vessel, or there may be two
give way vessels with no stand on vessel.

A stand on vessel does not have any right of way over any give way vessel, and is not
free to maneuver however it wishes, but is obliged to keep a constant course and speed
(so as to help the give way vessel in determining a safe course).

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So, standing on is an obligation, not a right, and is not a privilege. Furthermore, a stand
on vessel may still be obliged (under Rule 2 and Rule 17) to give way itself,

In particular when a situation has arisen where a collision can no longer be avoided by
actions of the give way vessel alone. For example, two power-driven vessels approaching
each other head-to-head, are both deemed to be "give way" and both are required to alter
course so as to avoid colliding with the other. Neither vessel has "right of way".

RULE 2 – Responsibility

Your responsibility is not only to follow the COLREGs – you are also responsible for doing
everything necessary to avoid the risk of collision and the dangers of navigation. Rule
2(a) requires you to follow both the rules and 'the ordinary practice of seamen'. This
means that you must always use common sense.

Rule 2 of the COLREGS (Responsibility)

a). Nothing in these Rules shall exonerate any vessel, or the owner, master or crew
thereof, from the consequences of any neglect to comply with these Rules or of the
neglect of any precaution which may be required by the ordinary practice of seamen, or
by the special circumstances of the case.

b). In construing and complying with these Rules due regard shall be had to all dangers
of navigation and collision and to any special circumstances, including the limitations of
the vessels involved, which may make a departure from these Rules necessary to avoid
immediate danger.

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• And the simple meaning of this line is straightforward. We need to comply with the
rules of the road.
• In case of an incident that was the result of someone not following the rules of the
road, there could absolutely be no excuse.
• But there is something more that this line of the rule 2 implies.
• And the simple meaning of this line is straightforward. We need to comply with the
rules of the road.
• In case of an incident that was the result of someone not following the rules of the
road, there could absolutely be no excuse.
• But there is something more that this line of the rule 2 implies
• It does not just put the entire responsibility on the navigator on the bridge at the
time of the incident. It involves the vessel, the shipowner, the master, and the crew
of the ship.
• For example, the shipowner cannot have the defense in a collision incident that
involves navigators of his ship not following the rules.
• It is also the general responsibility of the shipowner to ensure (i.e., through periodic
navigational audits) that the ship crew follows the rules of the road.
• Similarly, it is the responsibility of the master to ensure that his navigators follow
the rules of the road.
• In other words, rule 2 sets the responsibilities straight.
• It is the responsibility of the master and the owners to create an environment of
compliance with the rule of the road.
• And it is the responsibility of the navigator at the scene to actually follow the rule
of the road.

“Ordinary practice of seaman”

• There is a lot of emphasis on this term in rule 2: the Ordinary practice of seaman.
• In simple words, this term just means “common sense”.

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• Not every situation will be listed in the COLREGS and rule 2 is just asking to use
common sense when dealing with the situations.
• In an area of restricted visibility, the master may have posted the lookout as
required by the company’s SMS manual.
• But the ordinary practice of seaman may require the master to post additional
person (over and above the requirements of bridge watch level) on the wheelhouse
or on forecastle considering the other factors like traffic density in the area.
• Calling the master on the wheelhouse at the right time is another example of
precaution required by the “ordinary practice of seaman”.
• The term “ordinary practice of seaman” tries to fill any gaps in the COLREGS.

Rule 17

Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-
on vessel may "take action to avoid collision by her maneuver alone as soon as it
becomes apparent to her that the vessel required to keep out of the way is not taking
appropriate action.

Technical provisions

The COLREGs include 41 rules divided into six sections:

Part A - General.

Part B - Steering and Sailing

Part C - Lights and Shapes

Part D - Sound and Light signals

Part E - Exemptions; and

Part F- Verification of compliance with the provisions of the Convention

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There are also four Annexes containing technical requirements concerning lights and
shapes and their positioning; sound signaling appliances; additional signals for fishing
vessels when operating in close proximity, and international distress signals

Part A - General (Rules 1-3)

• Rule 1 states that the rules apply to all vessels upon the high seas and all waters
connected to the high seas and navigable by seagoing vessels.
• Rule 2 covers the responsibility of the master, owner, and crew to comply with the
rules.
• Rule 3 includes definitions.

Part B- Steering and Sailing (Rules 4-19)

Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)

Rule 4 says the section applies in any condition of visibility.

Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight
and hearing as well as by all available means appropriate in the prevailing circumstances
and conditions so as to make a full appraisal of the situation and of the risk of collision.

Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at
a safe speed...". The Rule describes the factors which should be taken into account in
determining safe speed. Several of these refer specifically to vessels equipped with radar.
The importance of using "all available means" is further stressed in

Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the
basis of scanty information, especially scanty radar information"

Rule 8 covers action to be taken to avoid collision.

Rule 9 a vessel proceeding along the course of a narrow channel or fairway is obliged to
keep "as near to the outer limit of the channel or fairway which lies on her starboard side
as is safe and practicable." The same Rule obliges a vessel of less than 20 metres in

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length or a sailing vessel not to impede the passage of a vessel "which can safely navigate
only within a narrow channel or fairway."

• The Rule also forbids ships to cross a narrow channel or fairway "if such crossing
impedes the passage of a vessel which can safely navigate only within such
channel or fairway." The meaning "not to impede" was classified by an amendment
to Rule 8 in 1987.
• A new paragraph (f) was added, stressing that a vessel which was required not to
impede the passage of another vessel should take early action to allow sufficient
sea room for the safe passage of the other vessel.
• Such vessel was obliged to fulfil this obligation also when taking avoiding action in
accordance with the steering and sailing rules when risk of collision exists.

Rule 10 of the Collision Regulations deals with the behavior of vessels in or near traffic
separation schemes adopted by the Organization. By regulation 8 of Chapter V (Safety
of Navigation) of SOLAS, IMO is recognized as being the only organization competent to
deal with international measures concerning the routeing of ships.

In 1987 the regulations were again amended. It was stressed that Rule 10 applies to
traffic separation schemes adopted by the Organization (IMO) and does not relieve any
vessel of her obligation under any other rule. It was also to clarify that if a vessel is obliged
to cross traffic lanes it should do so as nearly as practicable at right angles to the general
direction of the traffic flow. In 1989 Regulation 10 was further amended to clarify the
vessels which may use the "inshore traffic zone."

Section II - Conduct of vessels in sight of one another (Rules 11-18)

Rule 11 says the section applies to vessels in sight of one another.

Rule 12 states action to be taken when two sailing vessels are approaching one another.

Rule 13 covers overtaking - the overtaking vessel should keep out of the way of the vessel
being overtaken.

Rule 14 deals with head-on situations. Crossing situations are covered by

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Rule 15 and action to be taken by the give-way vessel is laid down in Rule 16.

Rule 17 deals with the action of the stand-on vessel, including the provision that the
stand-on vessel may "take action to avoid collision by her maneuver alone as soon as it
becomes apparent to her that the vessel required to keep out of the way is not taking
appropriate action.

Rule 18 deals with responsibilities between vessels and includes requirements for vessels
which shall keep out of the way of others.

Section III - conduct of vessels in restricted visibility (Rule 19)

Rule 19 states every vessel should proceed at a safe speed adapted to prevailing
circumstances and restricted visibility. A vessel detecting by radar another vessel should
determine if there is risk of collision and if so, take avoiding action. A vessel hearing fog
signal of another vessel should reduce speed to a minimum.

Part C Lights and Shapes (Rules 20-31)

Rule 20 states rules concerning lights apply from sunset to sunrise.

Rule 21 gives definitions.

Rule 22 covers visibility of lights - indicating that lights should be visible at minimum
ranges (in nautical miles) determined according to the type of vessel.

Rule 23 covers lights to be carried by power-driven vessels underway.

Rule 24 covers lights for vessels towing and pushing.

Rule 25 covers light requirements for sailing vessels underway and vessels under oars.

Rule 26 covers light requirements for fishing vessels.

Rule 27 covers light requirements for vessels not under command or restricted in their
ability to manoeuvre.

Rule 28 covers light requirements for vessels constrained by their draught.

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Rule 29 covers light requirements for pilot vessels.

Rule 30 covers light requirements for vessels anchored and aground.

Rule 31 covers light requirements for seaplanes

Part D - Sound and Light Signals (Rules 32-37)

Rule 32 gives definitions of whistle, short blast, and prolonged blast.

Rule 33 says vessels 12 metres or more in length should carry a whistle and a bell and
vessels 100 metres or more in length should carry in addition a gong.

Rule 34 covers maneuvering and warning signals, using whistle or lights.

Rule 35 covers sound signals to be used in restricted visibility.

Rule 36 covers signals to be used to attract attention.

Rule 37 covers distress signals.

Part E - Exemptions (Rule 38)

Rule 38 says ships which comply with the 1960 Collision Regulations and were built or
already under construction when the 1972 Collision Regulations entered into force may
be exempted from some requirements for light and sound signals for specified periods.

Part F - Verification of compliance with the provisions of the Convention

The Rules, adopted in 2013, bring in the requirements for compulsory audit of Parties to
the Convention.

Rule 39 provides definitions.

Rule 40 says that Contracting Parties shall use the provisions of the Code for
Implementation in the execution of their obligations and responsibilities contained in the
present Convention.

Rule 41 on Verification of compliance says that every Contracting Party is subject to

periodic audits by IMO.

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Annexes

The COLREGs include four annexes:

Annex I - Positioning and technical details of lights and shapes

Annex II - Additional signals for fishing vessels fishing in close proximity

Annex III - Technical details of sounds signal appliances

Annex IV - Distress signals, which lists the signals indicating distress and need of
assistance.

• Conventions
• List of Conventions
• Status of Conventions
• Action Dates

Load lines

Introduction To Ship Load Lines

“Load line is a special marking positioned amidships which depicts the draft of the vessel
and the maximum permitted limit in distinct types of waters to which the ship can be
loaded.”

As a result of the numerous maritime accidents that have happened at sea due to over-
loading of vessels, the significance of having a standard maximum limit for ships was
identified long before. However, it took many years from then to have an International
agreement for the universal application of Load lines.

It was in 1930, when the first International Load Line Convention took place, after which,
it was periodically amended until the latest one that happened in 2003.

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Purpose and Necessity of Load Lines

The fundamental purpose of a Load Line is to allot a maximum legal limit up to which a
ship can be loaded by cargo.

By prescribing such limits, the risk of having the vessel sailing with inadequate freeboard
and buoyancy can be limited.

A vessel should be having sufficient freeboard at all times, any exceptions made will result
in insufficient stability and excessive stress on the ship’s hull.

This is where load lines play an important role, as it makes the task of detecting whether
the vessel is over-loaded and its freeboard tremendously easy and effortless.

However, since the buoyancy and immersion of the vessel largely depend on the type of
water and its density, it is not practical to define a standard freeboard limit for the ship at
all times.

For this reason, the load line convention has put regulations which divides the world into
different geographical zones each having different prescribed load line.

For example, A vessel sailing in Winter on North Atlantic Ocean will have a greater
freeboard than on a voyage in Tropical Zones and Fresh waters

Understanding Load Line Mark

As we have already defined above, Load Line is a special marking positioned amidships.
All vessels of 24 meters and more are required to have this Load line marking at the
center position of the length of summer load water line.

There are two types of Load line markings: -

1. Standard Load Line marking – This is applicable to all types of vessels.

2. Timber Load Line Markings – This is applicable to vessels carrying timber cargo.

These marks shall be punched on the surface of the hull, making it visible even if the ship
side paint fades out.

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The marks shall again be painted with white or yellow color on a dark background / black
on a light background.

The complete Load line markings consist of 3 vital parts.

1. Deck Line – It is a horizontal line measuring 300mm by 25mm. It passes through the
upper surface of the freeboard.

2. Load Line Disc – It is the 300mm diameter and 25mm thick round shaped disc. It is
intersected by a horizontal line. The upper edge of the horizontal line marks the ‘Summer
saltwater line’ also known as ‘Plimsol Line’

3. Load Lines – Load lines are horizontal lines extending forward and aft from a vertical
line placed at a distance of 540mm from the centre of the disc. They measure 230mm by
23mm. The upper surfaces of the load lines indicate the maximum depths to which the
ships maybe submerged in different seasons and circumstances.

https://www.marineinsight.com/marine-navigation/introduction-ship-load-lines

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• S – Summer: - It is the basic freeboard line at the same level as the Plimsol Line.
Other load lines are marked based on this Summer freeboard line.
• T – Tropical: - It is 1/48th of summer draft marked above the Summer load line.
• W – Winter: - It is 1/48th of summer draft marked below the Summer load line.
• WNA – Winter North Atlantic: - It is marked 50mm below the Winter load line. It
applies to voyages in North Atlantic (above 36 degrees of latitude) during winter
months.
• F – Fresh Water: - It is the summer freshwater load line. The distance between S
and F is the Fresh Water Allowance (FWA).
• TF – Tropical Fresh Water: - It is the freshwater load line in Tropical. It is marked
above the T at an amount equal to FWA.

Watch Video:

https://www.marineinsight.com/marine-navigation/introduction-ship-load-lines

United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982
in Montego Bay, Jamaica and entered into force on 16 November 1994. UNCLOS
provides a comprehensive legal framework governing all activities and uses of the world's
seas and oceans.

The Convention establishes general obligations for safeguarding the marine environment
and protecting freedom of scientific research on the high seas.

It defines the limits of territorial seas of countries from which they can explore and exploit
marine resources.

These are called Exclusive Economic Zones (EEZ) and they are known as an innovation
introduced by UNCLOS.

The EEZ is an area beyond and adjacent to the territorial sea: it can extend to a maximum
200 nautical miles from the baselines.

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Within the EEZ, a coastal State enjoys sovereign rights over its natural resources.

It can exercise its jurisdiction over certain activities for the purpose, among others, of
protecting the environment, but it is also obliged to respect the rights of other States
(UNCLOS as cited by the IUCN).

The Philippines is the 11th country that ratified UNCLOS.

The Convention has created three new institutions on the international scene, as
follows:

1. International Tribunal for the Law of the Sea (ITLOS).

This was established on 10 December 1982 as a judicial body that adjudicates disputes
related to the Convention.

2. International Seabed Authority (ISA). This was established on 16 November 1994 as

an autonomous organization under UNCLOS that regulates mineral resources
exploration and exploitation in deep seabed areas beyond national jurisdiction called the
"Area."

The resources are administered under the principle that these are part of the common
heritage of mankind.

3. Commission on the Limits of the Continental Shelf (CLCS).

This was established in 1997 is an institution that defines and sets the limits of the
different maritime zones and provides scientific and technical advice to Coastal States
submitting their claims.

Commitments

As a party to UNCLOS, the Philippines is required to ensure that its national laws conform
to its rights and obligations under the Convention.

A State cannot use its domestic law as an excuse not to conform to its obligations under
an international treaty to which it is a party.

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Hence, the Philippines is obliged to define its maritime zones according to the limits set
by the Convention.

State Parties to the UNCLOS need to settle their disputes concerning the interpretation
or application of the Convention through peaceful means.

The Convention also offers the opportunity to settle maritime boundaries without recourse
to the Courts. However, should the parties not reach an agreement on their own, they
may settle their dispute in the different mechanisms set by the Convention such as the
ITLOS established in accordance with Annex VI,

The International Court of Justice, an arbitral tribunal constituted in accordance with

Annex VII, and a special arbitral tribunal constituted in accordance with Annex VIII for one
or more of the categories of disputes specified therein.

The Philippines is surrounded by several states with which it has overlapping maritime
zones especially in its Exclusive Economic Zone. The Philippines has the commitment to
delineate and delimit its maritime boundaries with the adjacent states in accordance with
the UNCLOS.

Also, under UNCLOS, the Philippines is obliged to protect and preserve the marine
environment within or outside its maritime zones.

The Convention also requires States to cooperate in ensuring marine conservation and
promoting the objective of optimum utilization of highly migratory species.

CHED Memorandum Order 20 Series of 2015

CMO No. 20, Series of 2015 – Consolidated Policies, Standards and Guidelines for the
Bachelor of Science in Marine Transportation (BSMT) and Bachelor of Science in Marine
Engineering (BSMArE) Programs” with Annexes

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Republic Act 10635

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand
thirteen.

(22 July 2013)

AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY (MARINA) AS THE

SINGLE MARITIME ADMINISTRATION RESPONSIBLE FOR THE IMPLEMENTATION
AND ENFORCEMENT OF THE 1978 INTERNATIONAL CONVENTION ON
STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR
SEAFARERS, AS AMENDED, AND INTERNATIONAL AGREEMENTS OR COSECTION
SECTION 1. Declaration of Policy

SECTION 2. Definition of Terms

SECTION 3. MARINA as the Single Maritime Administration.

SECTION 4. Powers and Functions of the MARINA.

SECTION 5. Composition of the Maritime Industry Board.VENANTS RELATED

THERETO.

SECTION 6. Appropriations

SECTION 7. Implementing Rules and Regulations.

SECTION 8. Transitory Provisions.

SECTION 9. Separability Clause.

SECTION 10. Repealing Clause.

SECTION 11. Effectivity Clause

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SECTION 1. Declaration of Policy. —The following are hereby declared to be the

policies of the State:

(a) The State shall ensure compliance with the 1978 International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW
Convention), as amended; all international agreements implementing or applying
the STCW Convention; and other international maritime safety conventions or
agreements that the STCW Convention seeks to promote compliance with.
(b) The State recognizes the vital contribution of the seafarers to the national
economy. Toward this end, the State shall establish systems and mechanisms for
the promotion and protection of the well-being of the seafarers to ensure their
professionalism and competitiveness, both in local and international trade,
consistent with existing local labor laws and applicable international laws
(c) The State shall create a single maritime administrative system and structure that
shall provide an enabling environment for the business of Philippine seafaring;
establish appropriate institutional arrangements with other agencies of
government; and create an effective regulatory framework conducive to the
efficiency, transparency, and competitiveness of the Philippine seafaring industry
consistent with the STCW Convention; and
(d) The State shall harmonize all legal and administrative measures which are taken
and provided for by government regulatory agencies and ensure that such
measures are appropriate and consistent with the STCW Convention.

SECTION 2. Definition of Terms. —As used in this Act, the following terms shall
mean:

(a) Certificate of competency—a certificate issued to masters, officers and Global

Maritime Distress and Safety System (GMDSS) radio operators in accordance
with the provisions of Chapters II, III, IV or VII of the Annex to the STCW
Convention entitling the lawful holder to serve and perform the functions involved
at the level of responsibility specified therein.

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(b) Certificate of endorsement—an attestation of the maritime administration as to the

authenticity and validity of the certificates, incorporated in the format of the certificates
issued to masters and officers, stating that the issuance of the relevant certificate is in
compliance with the requirements of the STCW Convention.

(c) Certificate of proficiency—a certificate other than a certificate of competency issued

to a seafarer, stating that the relevant requirements of training competencies or seagoing
service under the STCW Convention have been met.

(d) Documentary evidence—all the documentation, other than a certificate of competency

or certificate of proficiency, used to establish that the relevant requirements of the STCW
Convention have been met.

(e) Maritime administration or single maritime administration—the Maritime Industry

Authority (MARINA), as the single government agency mandated to ensure complete and
effective implementation of the STCW Convention.

(f) Seafarer—any person who is employed, engaged or works onboard seagoing ships,
whether or not such ships are engaged in the domestic or overseas trade, and to whom
the STCW Convention applies.

(g) STCW Convention—the 1978 International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, and its subsequent amendments.

SECTION 3. MARINA as the Single Maritime Administration. —The MARINA, created

under Presidential Decree. No. 474, as amended, shall be the single maritime
administration mandated to implement and enforce the 1978 International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers. It shall carry out an
effective regulatory framework conducive to the efficiency, transparency, and
competitiveness of the Philippine seafaring industry.

SECTION 4. Powers and Functions of the MARINA. —In addition to the mandate of
the MARINA under Presidential Decree No. 474, as amended, and in order to carry out
the provisions of this Act, the MARINA shall exercise the following powers and functions:

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(a) Act as the single and central maritime administration for all purposes relating to
compliance with the STCW Convention.
(b) Administer and ensure the effective implementation of the STCW Convention;
including all international conventions or agreements implementing or applying the
same, as well as international maritime safety conventions or agreements that it
seeks to promote compliance with.
(c) Assume all powers and functions of the Professional Regulation Commission
(PRC), the Commission on Higher Education (CHED), the Technical Education
and Skills Development Authority (TESDA), the Department of Health (DOH) and
the National Telecommunications Commission (NTC) relative to the issuance,

Validation, verification, correction, revocation or cancellation of certificates of

competency, endorsement, proficiency and documentary evidence required of all
seafarers and all such other matters pertaining to the implementation of the STCW
Convention, subject to the following:

(1) The MARINA shall ensure that the examination, licensing and certification system
for marine deck and engine officers are in accordance with the requirements
prescribed under the STCW Convention. All powers, duties and functions of the
PRC on examination, licensing and certification system for marine deck and engine
officers as provided in Republic Act No. 8544, otherwise known as “The Philippine
Merchant Marine Officers Act of 1998”, shall henceforth be exercised by the
MARINA.

The compensation and allowances of the Board of Marine Deck Officers and Marine
Engine Officers under Article TV, Section 8 of Republic Act No. 8544 shall, however,
be comparable to the compensation and allowances being received by the
chairpersons and members of other existing regulatory boards under the PRC and as
provided in the General Appropriations Act

(2) The MARINA shall adopt rules and regulations, in accordance with the STCW
Convention, governing able-bodied deck and engine ratings including:

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(i) Monitoring and verification of compliance with the standards of ratings.

(ii) Harmonization of the procedures for periodic evaluation, assessment and

monitoring activities undertaken by accredited institutions with registered programs for
ratings; and

(iii) Issuance of certificates of proficiency to ratings.

(3) The MARINA shall ensure that all legal and administrative measures relative to the
issuance of certificates of competency of GMDSS radio operators are in
accordance with the STCW Convention. For this purpose, the MARINA shall
assess, revalidate and issue GMDSS radio operator’s certificate in accordance
with the provisions under the STCW Convention.
(4) The MARINA shall ensure that all maritime education, including the curricula and
training programs, are structured, and delivered in accordance with the written
programs, methods and media of delivery, procedures, and course materials
compliant with international standards as prescribed under the STCW Convention.
For this purpose, the MARINA shall:
(i) Chair the Technical Panel on Maritime Education (TPME) of the CHED; the
TPME shall among others, formulate, review, and recommend to the CHED en
banc all policies, standards, and guidelines for maritime education, including
curricula, facilities and guidelines.
(ii) Monitor and verify, in coordination with the CHED, compliance with the
policies, standards, and guidelines of maritime education in the conduct of
maritime education and training programs.
(iii) Review and harmonize the procedures for periodic evaluation, assessment
and monitoring of all maritime education and training institutions in accordance
with the standards of the CHED and other recognized international organizations.
(iv) Develop, formulate, and recommend for implementation, strict quality
assurance mechanisms and relevant typology for maritime education programs
and institutions.

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(v) Recommend to the CHED en-banc the closure/phase-out of substandard

maritime education institutions, in accordance with the rules and regulations, as
well as recommend alternative schemes or options for the affected maritime
educational institution.
(vi) Maintain an updated list of compliant and phased-out maritime education
and training programs, publish such lists in appropriate media, and provide the
public with a clear understanding of the consequences of enrolling in a phased-out
program.
(5) The MARINA shall coordinate with the DOH to ensure that the medical standards
established to ascertain the medical fitness of seafarers are in accordance with the
international conventions/treaties and existing laws. For this purpose, the MARINA
shall:
(i) Ensure that the medical examinations and issuance of medical certificates by
the DOH accredited hospitals, medical clinics, and laboratories, including medical
practitioners are in accordance with the standards prescribed by the STCW
Convention; and
(ii) Ensure that medical certificates are issued by a duly qualified medical
practitioner recognized by and accredited with the DOH, and for this purpose, a
register of recognized medical practitioners shall be maintained and made
available to seafarers, shipping companies and State parties to the STCW
Convention,
SECTION 5. Composition of the Maritime Industry Board. —To ensure the
proper implementation and enforcement of the STCW Convention in relation to
international maritime safety and environmental agreements, the Commandant of
the Philippine Coast Guard (PCG), in lieu of the Secretary of National Defense,
shall be included as member of the Maritime Industry Board established pursuant
to Presidential Decree No. 474 creating the MARINA.
The Maritime Industry Board may create an advisory council that will assist the
MARINA in ensuring compliance with the STCW Convention, as it may deem

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proper. The number and members of this council shall be identified and determined
by the Maritime Industry Board.

SECTION 6. Appropriations. —The Secretary of Transportation and Communications,

though, the MARINA, shall immediately include in its programs the operationalization
requirement of the STCW Services, the initial funding of which shall be charged against
the savings or current year’s appropriations of the MARINA. Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

SECTION 7. Implementing Rules and Regulations. —The MARINA shall issue the
required implementing rules and regulations in accordance with the provisions of this Act
within six (6) months from the effectivity hereof. In the formulation of such rules and
regulations, the MARINA shall ensure that the processes and procedures for issuance,
validation, verification, correction, revocation, or cancellation of certificates of
competency,

Endorsement, proficiency arid documentary evidence required of seafarers under the

STCW Convention shall be the most efficient and convenient way for the seafarers
including, but not limited to, the establishment of one-stop shop arrangements,
computerization and automation, and elimination of redundant fees and charges.

SEC. 8. Transitory Provisions. —All certificates of competency, endorsement,

proficiency, and documentary evidence issued prior to the effectivity of this Act shall be
deemed valid without necessity of revalidation or reissuance until the date of expiration
as stated in such certificates or other documents. Thereafter, new certificates or other
documents shall be revalidated or reissued only in accordance with the implementing
rules and regulations issued pursuant to this Act, in conformity with the STCW
requirements.

SEC. 9. Separability Clause. —If for any reason any section or provision of this Act is
declared unconstitutional or invalid, the other sections, or provisions hereof not affected
by such declaration shall remain in force and in effect.

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SECTION 10. Repealing Clause. —The provisions of Presidential Decree No. 474 on
the composition of the Maritime Industry Board and all the provisions under Republic Act
No. 8544 relating to the examination, licensing and certification system for marine deck
and engine officers are hereby amended. All existing laws, orders, decrees, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 11. Effectivity Clause. —This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

This Act which is a consolidation of Senate Bill No. 2043 and House Bill No. 3766 was
finally passed by the Senate and the House of Representatives on February 10, 2014,
and February 17, 2014, respectively.

Approved: MAR 13, 2014.

End of 3rd – 4th Week.

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Reference:
https://www.dgrm.mm.gov.pt/en/web/guest/solas
https://www.imo.org/en/OurWork/HumanElement/Pages/STCW-Convention.aspx
STCW Book
https://www.researchgate.net/figure/Summary-MARPOL-73-78-Annexes-Source-IMO-
2014b_tbl1_311637494
https://www.myseatime.com/blog/detail/colregs-rule-2
https://www.imo.org/en/About/Conventions/Pages/COLREG.aspx
https://www.marineinsight.com/marine-navigation/introduction-ship-load-lines
https://intl.denr.gov.ph/index.php/database-un-conventions/article/14-united-nations-convention-on-the-
law-of-the-sea
https://www.officialgazette.gov.ph/2014/03/13/republic-act-no-10635/

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