Ref. T1/11.01 MSC.1/Circ.1199
31 May 2006
1 TheMaritimeSafetyCommittee,atitseighty-firstsession(10to19May2006),notedthat, on1July2006,withtheentryintoforceoftheamendmentstoSOLASchaptersII-1,IIIand XII, therewillbeadefinitionofbulkcarriercontained,orreferredto,intherevisedregulations II-1/2 and XII/1.1 differing fromthe existing definition contained in regulation IX/1.6.
2 Inthiscontext,theCommitteefurthernotedthatwhereastherevisedregulation II-1/2made reference to regulation XII/1.1, the revised regulation III/31 made reference to SOLAS regulation IX/1.6,asfarasthedefinitionofbulkcarrierswasconcerned,forshipsconstructedonor after 1 July 2006, thereby creating a possible distinction between bulk carriers.
3 Inthiscontext,theCommitteeacknowledgedtheconcernthatthecomplianceofaship, which was not certified as a bulk carrier but nevertheless carries cargoes in bulk, with SOLAS chapter XII requirements, might be questioned by port State control officers.
4 Inviewoftheaforementionedpotentialproblems,theCommitteeagreed,untilanappropriate interpretation of the definition of bulk carrier harmonizing that definition is accepted by the Committee, to reaffirm that, in the interim, the interpretation and application of appropriate SOLAS requirements are the responsibility of flag Administrations.
5 Member Governments are invited to bring this guidance to the attention of officials exercising port State control actions and other parties, as appropriate.