workshop on the voluntary imo member state audit...

REGIONAL MARINE POLLUTION EMERGENCY RESPONSE CENTRE

FOR THE MEDITERRANEAN SEA (REMPEC)

EURO-MEDITERRANEAN PARTNERSHIP

EUROMED COOPERATION ON MARITIME SAFETY AND PREVENTION OF POLLUTION FROM SHIPS

(SAFEMED II) EU-Funded MEDA Regional Project MED 2007/147-568

WORKSHOP ON THE VOLUNTARY IMO MEMBER STATE AUDIT SCHEME FOR SYRIA

Latakia, SYRIA

19-21 September 2010

Organized by IMO and REMPEC upon request of the General Directorate of Ports, Syria

SAFEMED II Project Task 2.3

REPORT

by Eng. Moain Al-Zoubi

12 October 2010

Declaration This report was prepared within the framework of the EU-Funded MEDA Regional Project “Euromed Cooperation on Maritime Safety and Prevention of Pollution from Ships – SAFEMED II” (MED 2007/147-568) being implemented by the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC). The views expressed in this report are those of the Consultant and cannot be attributed in any way to the EU, IMO, UNEP, MAP, REMPEC or the Consultant’s employer. The designations employed and the presentation of the material in this report do not imply the expression of any opinion whatsoever on the part of EU, IMO, UNEP, MAP and REMPEC concerning the legal status of any State, Territory, city or area, or its authorities, or concerning the delimitation of their frontiers or boundaries.

TABLE OF CONTENTS

Page 1. Background 5 2. Assignment 5 3. Objective & Scope 6 4. Reporting to REMPEC 6 5. Methodology and approach for the mission 7 6. Executive summary for the Workshop on VIMSAS 8 7. Executive summary for the mission to assess the Syrian Maritime Authorities degree of preparedness for the VIMSAS 8 8. Findings 9 9. Conclusions 20 10. Recommendations 21 11. Acknowledgements 21 Annexes 23 Annex I List of Participants of the Workshop 23 Annex II Programme of the Workshop 24 Annex III List of names, qualifications and positions of meet persons 25 Annex IV List of names of marine inspection directorate personnel 25 Annex V Templates of corrective action with priorities to assist Syria to plan Officially volunteering for the VIMSAS 26

Moain Al-Zoubi Report to REMPEC under SAFEMED II Task 2.3 (MED 2007/147-568)

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1. Background 1.1 The Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) is implementing a European Union (EU) financed MEDA project entitled “Euromed cooperation on maritime safety and prevention of pollution from ships – SAFEMED II”. 1.2 The SAFEMED II Project is being implemented in ten Euromed Mediterranean Partners, namely Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestinian Authority, Syria, Tunisia and Turkey. The MEDA programme is the principal financial instrument of the European Union for the implementation of the Euro-Mediterranean Partnership. The programme offers technical and financial support measures to accompany the reform of economic and social structures in the Mediterranean Partners. 1.3 Taking into account the work done and the results obtained under the SAFEMED I Project, the primary objectives of the SAFEMED II Project are to procure a sustainable improvement in the protection of Mediterranean waters against the risks of accidents at sea and marine pollution; and to further reduce the capacity gap between the application of international regulatory framework and the EU legislative framework in order to ensure a coherent, effective and uniform implementation of international conventions and rules for maritime safety and security and the prevention of pollution from ships in both the Mediterranean area and the European Union. 1.4 The SAFEMED II Project is divided into seven major activities each of which are sub-divided into tasks. A number of tasks are also sub-divided into sub-tasks. The Project also provides for the recruitment of short-term experts consultants to implement a range of activities/tasks. 1.5 This activity has been carried out under the Project entitled “Euromed Cooperation on Maritime Safety and Prevention of Pollution from Ships – SAFEMED II" – MED.2007/147-568 financed by the European Commission, under an IMO/EC contract. 1.6 Activity 2 of the SAFEMED II Project aims to work towards the effective flag State implementation and fulfillment of international obligations by the Project's beneficiaries. Task 2.3, in particular, provides assistance for the preparation of the beneficiaries to the Voluntary IMO Member State Audit Scheme (VIMSAS). This task is a follow-up of Task 1.8 O of the SAFEMED I Project whereby a workshop was organized to raise awareness of the Mediterranean partners on VIMSAS. 2. Assignment 2.1 Task 2.3 of the SAFEMED Project aims at preparing those beneficiaries which so request to volunteer for the Audit Scheme. Following a request from Syria within the framework of the SAFEMED II Project, a workshop by REMPEC in close cooperation with the IMO was organized between the 19 and 21 September 2010 in Latakia. As a follow-up to the workshop, a mission took place in Lataki between 22 and 23 September 2010 at the General Directorate of Ports (GDP), Latakia, Syria to assess the degree of preparedness of the Syrian Maritime Authorities to the VIMSAS.


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2.2 Venue, dates, and participants Title of the course: Workshop on the Voluntary IMO Member State Audit

Scheme for Syria Host: General Directorate of Ports Venue and date Le Meridian Hotel Latakia / Syria Date: 19-23 September 2010 Type: National Workshop and Assessment Mission Organized by: REMPEC No of workshop participants: 27 2.3 Consultants and lecturers engaged by REMPEC to deliver the workshop Name Organization Position 1 Lawrence D. Barchue, Sr. IMO Representative Head of Member State Audit

and Internal Oversight Office of the Secretary General of IMO

2 Lecturer: Ioannis Efstratiou

Merchant Shipping Department of Cyprus

Senior marine surveyor, the focal point during the audit of Cyprus.

3 Consultant: Moain Al-Zoubi

Aqaba Development Corporation, Jordan

Manager of Maritime Projects Compliance IMO VIMSAS auditor

4 Albert Bergonzo REMPEC Representative

SAFEMED II Project Officer

3. Objective & Scope 3.1 The objective of the Workshop was to enhance the awareness and assist the GDP in Syria in the process of preparation for volunteering for VIMSAS. The Workshop was the fourth in its kind under SAFEMED II Project and provided advices on the structure and mechanism necessary for enhancing the capacity and effectiveness of implementation of the provisions of the mandatory IMO instruments and the Code for the implementation of the mandatory IMO instruments, 2007, as amended. 3.2 The objective and scope of the REMPEC mission to Syria was to assess the degree of preparedness of the Syrian Maritime Authorities to the VIMSAS and recommend a list of actions with priorities in order to assist Syria to plan for officially volunteering for VIMSAS. 4. Reporting to REMPEC 4.1 On completion of the workshop and the mission, the consultant Moain Al-Zoubi was

requested by REMPEC to:

- report on the workshop on VIMSAS - report on the mission to assess the degree of Syrian Maritime Authorities preparedness for the VIMSAS and recommend a list of actions with priorities to assist Syria to plan for officially volunteering for the VIMSAS.


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5. Methodology and approach for the mission 5.1 The consultant commenced the mission on 22nd September 2010 with an opening meeting with the Assistant of Director General of GDP Mr. Al Kateeb, Eng Alaa Suliman, Kamal Naziha and Eng. Ali Dayoub. The consultant explained the objective and scope of the REMPEC mission to assess the degree of preparedness of the Syrian Maritime Authorities to the VIMSAS. In addition, the report will also recommend a list of actions with priorities in order to assist Syria to plan for officially volunteering for the VIMSAS. 5.2 The GDP provided support for the organization of the mission by facilitating meetings and interviews with high officials and officers responsible for discharge the GDP (Syrian Maritime Administration) obligations to implement and enforce IMO mandatory instruments. 5.3 All interviews and meetings during the 2 day mission formed the basis for the information and findings of the assessment on the degree of the Syrian Maritime Authorities preparedness to the VIMSAS. The mission activity was conducted at the premises of the GDP only. Due to the short time allocated to the mission the consultant was not able to visit other facilities such as harbor master office or reception facilities. 5.4 The mission was undertaken using the principles established under the framework and procedures for the VIMSAS (resolution A.974(24)), the Code for the implementation of mandatory IMO instruments, 2007 (resolution A.996(25)) and IMO Resolution A.1018(26) adopted on 25 November 2009 a further development of the VIMSAS. 5.5 At the end of every single meeting or interview, the consultant, following the Code requirements, made detailed explanations regarding Syrian’s General, Flag State, Port State and Coastal State obligations under IMO mandatory instruments and provided officials of the GDP with advice related to the subject of these activities for proper preparation for the VIMSAS. 5.6 In addition, the consultant gave details on different areas of responsibilities of various public authorities, provided probable findings for each, and highlighted possible questions that may be asked during the VIMSAS. 5.7 The consultant emphasized the future IMO works that will lead for adoption of amendments to the mandatory IMO instruments for entry into force on 1 January 2015 and the process leading to the institutionalized IMO Member State Audit Scheme. 5.8 The consultant advised GDP officials as a matter of urgency to establish as soon as possible a coordination committee of different bodies responsible for the discharge of the GDP (Syrian Maritime Administration) obligations to implement and enforce IMO mandatory instruments. This step would include setting up a higher VIMSAS national coordination committee to start immediate preparation for IMO VIMSAS.


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6. Executive Summary for the Workshop on VIMSAS 6.1 The workshop was organized by REMPEC in close cooperation with the IMO and the GDP in Syria between 19 and 21 September 2010 in Latakia. The workshop was organized and conducted as follows:

1. The workshop was organized by REMPEC under the SAFEMED II Project for Syria to share experiences gained so far in conducting the VIMSAS with a view to assisting Syria as an IMO member state in the effective preparation for volunteering for the VIMSAS audit.

2. From 19 to 21 IMO representatives, lecturers and consultants delivered 18 lectures on the Voluntary IMO Member State Audit Scheme. The workshop also contained 4 types of exercises and one group discussion.

3. The workshop was the first REMPEC workshop partially delivered in the Arabic language. Part of the Workshop presentations were conducted using standard course presentation material developed by IMO, 6 presentations were translated and delivered in Arabic by the consultant Moain Al-Zoubi.

4. Presentation material and related exercises, assisted significantly in enhancing the understanding of the fundamental principles of the VIMSAS.

5. 27 participants attended the workshop from the GDP and the MOT. Names, qualifications and positions of participants are attached as Annex I and the workshop program is attached as Annex II to this report.

6. On completion of this workshop, participants are expected to obtain adequate knowledge to enable them to start preparation for VIMSAS.

7. Executive summary for the mission to assess the Syrian Maritime Authorities degree of preparedness for the VIMSAS 7.1 As a follow-up to the workshop at GDP, Latakia, the consultant Moain Al-Zoubi was requested by REMPEC to conduct a mission to assess the degree of preparedness of Syrian Maritime Authorities to the VIMSAS. This mission was conducted as follows:

1. On the first day 22 September 2010 the consultant carried out a visit to GDP (Syrian Maritime Administration) and a meeting with the Director General of GDP and heads of departments involved directly in Flag State, Port State Control and Coastal State activities.

2. During the two days of the mission 22 and 23 September 2010 the consultant

held a number of meetings and interviews with officers involved in implementation and enforcement of obligations and responsibilities emanating from the mandatory IMO instruments to which Syria is party. A list of names, qualifications and positions of persons met is attached as Annex III to this report.

3. The mission provided the GDP with essential advice to enhance its capacity for

implementation of the provisions of the mandatory IMO instruments and the Code for the implementation of the mandatory IMO instruments.

4. As an outcome of the two day mission a total of 21 findings and actions with

priorities were identified that require corrective action in order to assist Syrian GDP to plan for officially volunteering for the VIMSAS.


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8. Findings 8.1 General 8.1.1 During the two day mission, the consultant, based on the information available,

interviews and document examination identified a total of 21 findings and actions needed as an important step in order to assist Syrian GDP to plan for officially volunteering for the VIMSAS. The list below summarizes findings on the following areas:

- General (findings relating to institutional arrangements of Syrian maritime system,

strategy and legal system, dealing mainly with the incorporation of mandatory IMO instruments into national law;

- The general descriptions of maritime administrations; - Flag State Activity; - Coastal State activities; - Port State Control activities.

Area No of Action

Required Priority of

Action Required

Common Areas- General: Institutional Arrangements Maritime System Structure Strategy The regulatory framework: Legislations Communications with IMO

1 1 1 1 1

Very high

High High High High

Flag State Activities : Procedures and mechanism to follow-up with FS

vessels detentions by foreign PSC. ROs formal authorizations ROs monitoring ISM Code Implementation and enforcement Causality Investigation implementation Report to IMO on Casualty Investigation Radio equipment inspections Upgrade FS documentations records and filing system

1

1 1 1 1 1 1 1

Very high

High High High High

Medium Medium Medium

Coastal State Activities MARPOL enforcement and surveillance Report to IMO on maritime pollution accidents Upgrading and Coordination of Contingency plans for

SAR

1 1 1

High

Very high Medium

Port State Control Activities Finalize process for joining to a regional MOU on PSC Activation of PSC System in all Syrian Ports Monitoring of reception facilities activities Start a notional campaign of PSC inspections to

establish data base for vessels regularly calling Syrian ports

2 1 1 1

Very high Very high Medium

low

Total 21


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8.1.2 Templates of corrective actions with priorities are attached as Annex IV to this report to assist Syria to plan for officially volunteering for the VIMSAS. The templates contain assessment on main GDP activities related to implementation and enforcement of the IMO mandatory instruments. These templates contain areas & description for findings, recommendation, corrective action responsibility of action party, reference in the VIMSAS Code and time to complete these corrections. These templates also provide initial evaluation to the degree of preparedness of the Syrian Maritime Authorities to the VIMSAS and present a road map to assist Syria to plan for officially volunteering for the Audit Scheme. 8.2 Institutional Arrangements Current Syrian Maritime Administration organization (General Directorate of Ports) 8.2.1 It can be seen from the following GDP organization structure that division of works and functions for which IMO Instruments involved are divided mainly between two departments (Marine Inspection Directorate and Port Affairs Directorate). 8.2.2 The current GDP (maritime administration) organization structure seems to be adequate to discharge mandates and responsibilities assigned to the GDP by its law. However, Syria preferably should have a comprehensive dynamic maritime structure to ensure other parties’ proper involvement in implementation and enforcement of mandatory IMO instruments. Therefore, GDP, in consultation with the Ministry of Transport, needs to evaluate the existing division of roles and responsibilities amongst ministries and other competent authorities. 8.2.3 Evaluation of the existing overall Syrian maritime system structure can be realized through a recognized methodology. This may be done through assistance and consultations with IMO to determine the effectiveness of the existing structure to fully discharge Syria’s obligations as contracting party and for ensuring its compliance with obligations and responsibilities emanating from the mandatory IMO instruments in a systematic and effective manner. 8.2.4 It was noticed that the GDP has adequate personnel with appropriate technical expertise working in Marine Inspection Directorate and Port Affairs Directorate to identify ships flying the flag of Syria which are not in compliance with international maritime safety and pollution prevention requirements. However, there is a need to establish an efficient process and mechanism to take actions against ships flying the Syrian flag which have been identified as not being in compliance with international maritime safety and pollution prevention requirements. 8.2.5 Due to the fact that Syria now has a greater role as a Port State, some of 3500 individual vessels call the 3 main Syrian ports annually. Syria used to have 350 vessels registered under Syrian Flag; the Syrian national fleet now becomes only 52 vessels. This change will not diminish in any way Syrian duties as a flag state or costal state. However GDP is urgently recommended to accelerate the process of activation its role as port state and finalize a joining requirement to the regional MOU for PSC.

General Directorate of Ports

Secretariat Port Affairs Directorate

Administrative Financial and

Legal Directorate

Marine Inspection Directorate

Technical Affairs

Directorate

Fishing and License

Directorate

Planning and Statistics

Directorate

Military Servicemen

Affairs

Registry Office

Legal Department

Administrative Department

Financial Department

Ship arrest & Boycott Dep

Ports of Lattakia,

Tartous, ArwadBanias

Hydrograph and

Lighthouse

Salvage and Marine Service

Dep

Anti-marine Pollution Dep

Port state control officeNo activties

Ship Registry and Survey Dep(FSC)

Boat Registry and Survey

Dep

Marine Professions and

Labor Dep

Training of Seafarers Dep

Civil Engineering

Dep

Mechanical and Electrical

Eng Dep

Machines and Garage Dep

Marine Radio Communication

Dep

Marine Fishing Section

License and Marine

Properties Section

Fishing and License area

Planning Manpower

Dep

Informatics Dep

Convention International

Relation Translation

Training and Qualification

Dep

Military Servicemen

Financial Dep

Training of Servicemen


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8.3 Strategy 8.3.1 In general discussions with officials of the GDP it was established that the GDP has not set an overall strategy to implement and enforce the relevant mandatory IMO instruments. 8.3.2 GDP needs as a matter of urgency to establish, in cooperation with Syrian Ministry of Transport (MOT), an overall strategy by the State to meet its obligations and responsibilities as a maritime administration (flag state, port state and coastal state) under the various mandatory IMO instruments. 8.3.3 This strategy needs to be a different strategy from the existing strategy related to the Government 5 year strategy and from the investment strategy (5 years business plan). 8.3.4 Furthermore, the overall strategy should establish a methodology for monitoring the overall organizational performance of the maritime administration in the execution of its duties and a process for continual review related to the fulfillment of the strategy objectives. The strategy should be developed, covering the following issues:

- Implementation and enforcement of relevant international mandatory instruments; - Adherences to international recommendations, as appropriate; - Continuous review and evaluation.

8.4 The regulatory framework: Legislation 8.4.1 It was noticed that the legal process dealing mainly with the incorporation of mandatory IMO instruments into Syrian national law needs an accelerated systematic approach to ensure that this transposition has been properly issued no later than the entry into force date of the amendment concerned or in the case of a new treaty, the entry into force date for Syria. 8.4.2 The consultant observed that every directorate of the GDP is only in charge of the mandatory IMO instruments related to its activities, in other words no central control by GDP for the legal process dealing with the incorporation of mandatory IMO instruments into national law. In addition, there is no legal specialized staff working with these individual directorates. This may lead to inconstancy and poor follow up. 8.4.3 It was also noticed that there is no reference to the international Instruments in most national maritime legislation. The consultant recommended that it is necessary to incorporate a reference corresponding to each related IMO instrument or its amendment into ministerial decree or regulation to enforce these instruments or its amendments. 8.4.4 Texts of the majority of laws, decrees, orders and regulations in relation to international conventions have not been communicated to IMO.


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8.4.5 List of national decrees for incorporation of mandatory IMO instruments into national law in relation to F.S. & P.S.C. of GDP. No Name of IMO Mandatory Instrument Transposition into Syrian National

Legislation 1 International Convention for the Safety of Life

at Sea, 1974, as amended (SOLAS 1974) Law no 1703 Nov.03.2003 and

1242 July 12.2009 for SOLAS

R.O. P.S.C.

Issued by Ministry of Transport 2 Protocol of 1978 relating to the International

Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1978)

Law no 27 for the Year 2008

3 Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1988);

Casualty Investigations law no /36/

date 2/12/2003 4 International Convention for the Prevention of

Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78);

- Law no 9 for the Year 2006 to enforce Annex (I)

- Ministerial Decree no 1242 Issued by Ministry of Transport

5 Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL PROT 1997);

No specific legislation

6 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW 1978);

- Law No 57 for the Year 2001 - Ministerial Decree no 109/2010 Issued by Ministry of Transport

- Ministerial Decree no 1618/2003 Issued by Ministry of Transport - Ministerial Decree no 1121 for

the Year 2003 (Safe Manning) Issued by Ministry

of Transport - Ministerial Decree no 1547/2004

Condition for issuance of Certificates for Pilots

7 International Convention on Load Lines, 1966 (LL 66);

Ministerial Decree no 660 Issued by Ministry of Transport

8 Protocol of 1988 relating to the International Convention on Load Lines, 1966 (LL PROT 1988);


9 International Convention on Tonnage Measurement of Ships, 1969 (Tonnage 1969); and


10 Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972).



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8.5 Flag State Activities 8.5.1 The GDP (Marine Inspection Directorate) is primarily the responsible entity for implementing, enforcing and monitoring the Mandatory Instruments related to Flag State activities. Port Affairs Directorate is the responsible entity for environmental aspects involving discharges and emissions from Syrian ships and dealing with combating marine pollution matters. The harbour master in coordination with the GDP is responsible for conducting maritime accident investigation issues. 8.5.2 The number of ships under Syrian flag is 52, the total number of seafarers is 7000, total number of flag and PSC officers is 14 and there are 4 main international ports (Lattakia, Tartous, Banias and Tartous oil terminals). 8.5.3 Similar to the law No /9/ issued 6/2006 by Ministry of Transport for prevention of pollution from ships, the GDP needs to finalize the updating existing national laws and regulations related to SOLAS convention and its amendments enforcement to be in line with necessary provisions of penalties of adequate severity to discourage violation of international instruments. 8.5.4 The GDP also needs to enact and enforce necessary laws or decrees for ship inspections to ensure compliance with international maritime safety and pollution prevention standards; this would provide GDP with the necessary tools to take legal action against ships which have been identified as not being in compliance with the international instruments, this would include penalties such as detention or prohibition from entry into Syrian ports. 8.6 Records and Documentations 8.6.1 It was noticed that files related to vessels flag state division needs rearrangement to include flag state annual inspection report recorded or filed Information and document related to ISM implementation and enforcement (DOC and SMC). 8.6.2 Accordingly, the consultant’s advice is that these files should be better arranged for easy referencing such as using a yearly chronological arrangement in addition to using partition within the same file for certificates renewal. 8.6.3 Distribution of IMO publications (hard or soft copies) is not adequate, copies of IMO publications (Conventions, Codes etc) are only found in the Marine Inspection Directorate. 8.6.4 The consultant recommended that records should be established and maintained to provide evidence of compliance to requirements and of the effective operation of the GDP as appropriate. Records should remain legible, readily identifiable and retrievable. In addition, a documented procedure should be established to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records.


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8.7 Casualty and incident investigation 8.7.1 In spite of the fact that the GDP has the necessary laws in force to carry out the

required casualty investigations under law no /36/ date 2/12/2003, the GDP has not established administrative procedures or technical means to ensure that thorough and prompt casualty and incident investigations are carried out into all cases of serious and very serious casualties, as defined in paragraphs 4.2 and 4.3 of the Annex to resolution A.849(20).

8.7.2 The consultant noticed that neither casualties nor incidents on ships flying the flag of Syria have been investigated, nor records or reports on casualty investigations performed by the maritime administration was provided to IMO. 8.7.3 The consultant recommended that the GDP establishes a dedicated unit based on the law no /36/ and issues necessary ordinance by the Minister of Transport to institutionalize the marine accident investigation process to start investigations for serious or very serious accidents, as well as when it judges that such investigations could lead to conclusions or recommendations that will improve safety. Accident investigation reports must be communicated to IMO. The actual investigation can be performed by the GDP, through the harbour masters, in accordance with a Government ordinance. 8.8 Recognized organizations acting on behalf of the GDP 8.8.1 Among 27 organizations (ROs) have been recognized for the purpose of delegation of authority to issue statutory certification on behalf of GDP, the GDP signed only 5 authorization agreements which follow resolutions A.739(18) and A.789(19) as minimum requirements, the requirements in SOLAS 74, regulation XI/1, and requirements in MARPOL 73/78. 8.8.2 Certificates issued by the GDP administration are:

- Safety Radio Certificate is not authorized to any RO. - Safety Management Certificates (ISM) issuance is not authorized to any RO.


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8.8.3 The following Organizations (ROs) have been recognized for the purpose of delegation of authority to issue statutory certification on behalf of GDP.

Name of ROs Agreement concluded with GDP

ABS No Agreement BV No Agreement DNVC No Agreement GL No Agreement LRS No Agreement NKK Agreement concluded KRS No Agreement CCS No Agreement CRS No Agreement IRS Agreement concluded LRS No Agreement RINA No Agreement PRS Agreement concluded HRS Agreement concluded RNR No Agreement TL Agreement concluded BKR No Agreement BKI No Agreement CS No Agreement CBS No Agreement RCB No Agreement RP No Agreement RR No Agreement VRS No Agreement INSB No Agreement IRS No Agreement

8.8.4 The GDP delegates its authority to the above mentioned ROs, however the GDP did not provide IMO with a copy of the formal agreement or equivalent legal arrangements with these recognized organizations. 8.8.5 There are no requirements for ships to be registered in Syria that trade domestically or internationally, with some restriction on the age of the ship (30 years). There are approximately 52 “convention” ships registered under Syrian flag, any exemptions from registry requirement or statutory requirements need to be agreed by GDP. 8.9. Port State Control activities 8.9.1 The GDP is the primary entity responsible for implementing, enforcing and monitoring of international instruments related to PSC under the auspices of the Marine Inspection Directorate/ PSC unit. However, currently there are no PSC inspections activities performed by the PSC unit. 8.9.2 Syria is not a party to any Memorandum of Understanding on PSC. The GDP is in process to approve a resolution no. 1242 to activate the PSC System in Syrian ports.


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8.9.3 The main duties assigned to the PSC department under the auspices of the Marine Inspection Directorate in the Resolution no. 1242 are as follows:

1. Conduct technical inspections on foreign ships calling Syrian ports. 2. Preparing the necessary reports in accordance with the Memorandum of Understanding. 3. Circulating reports to the concerned parties depending on the case state. 4. Preparing statistics tables regarding completed inspections. 5. Participating in the periodic memorandum of understanding meetings, sessions and workshops. 6. Exchanging information with the memorandum of understanding information exchange centre. 7. Following up the resolutions and amendments on relating international conventions.

8.9.4 The consultant recommended that the GDP needs to:

1. Adopt within its overall strategy and action plan to discourage substandard ships from calling at Syrian ports. Start participation in international efforts to detect substandard ships trading particularly in the Mediterranean Sea and other areas of international waters. 2. To finalize a joining process to the MED regional PSC regime. 3. Formulate national guidelines for PSC inspections. 4. Activate the PSC system in Syrian ports. 5. Start the activities of uploading the inspection reports to the databases of regional PSC regimes, 6. Organize necessary training courses for PSCOs. 7. Start a national campaign of PSC inspections to establish database for ships regularly calling Syrian ports.

8.10 Coastal State Activates 8.10.1 Under the organization structure of the GDP, the Port Affairs Directorate covers the two divisions (Hydrographic and Lighthouse Salvage and Marine Service) that have the overall responsibility for discharging the obligations arising under SOLAS V.13.1 relating to the provisions of aids to navigation. And to revaluate all activities and areas of safety of navigation within territorial waters 8.10.2 The Hydrographic Office in coordination with the GDP is following up with existing facilities of (VTS, AIS and GMDSS services) to implement safety of the navigation requirements under SOLAS Ch V. 8.10.3 It was noticed that the coordination between GDP and NAVTEX Syrian Radio Coastal Station needs to be formalized in order to organize all activities related to hydrographic operations and charting activities, promulgation of notices to mariners and operators.


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8.10.4 Existing Facilities Lattakia Coastal Radio Station:

- VHF- DSC, range up to 70 N.M - MF - DSC, range up to 150 N.M - HF - NAVTEX

Lattakia VTS Center: - VTMS Center - AIS Base Station - Coverage up to 18 N.M - Coverage Navigational Corridor

Lattakia Maritime Search and Rescue Center (MRCC): - Tug High seas-2Inflatable Boats-GMDSS and GPSEqu. - Decompression Chamber - Underwater Cutting and wielding Equ.

Tartous VTS Center: - VTMS Center - AIS Base Station - Coverage up to 18 N.M - Coverage Navigational Corridor

Tartous Coastal Radio Station:

- VHF-DSC the range up to 70 N.M Lights and VTMS Coverage along Syrian Coastline and Territorial Water:

1 Al Basseet Light House 2 Ibn Hani Light House 3 Lattakia Lightbuoy 4 Lattakia Breakwater Light 5 Tartous Lightbuoy 6 Tartous Breakwater Light 7 Arwad Light Tawer

8.11 Area of positive development GDP/IT department 8.11.1 It was noticed that the GDP did remarkable efforts to upgrade its capabilities in IT area and this improvement is orientated to better serve the maritime administration in Syria in establishing necessary resources to facilitate the implementation and enforcement of its obligations under the IMO mandatory instruments. The IT department consists of the following sections:

1. Programming section: provides the necessary studies and programs to improve the work mechanism in the General Directorate of Ports and contributing in applying new technologies and updating equipments in addition to designing the General Directorate of Ports’ website.

2. Maintenance section: is responsible for the work of local area network (LAN),

repairing devices in the General Directorate of Ports, virus detection and protection, and developing and updating devices.


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3. Archiving and documentation section: its function is to do E-archive and storing data which belongs to all the sections of the General Directorate of Ports, protecting its privacy and keeping it within easy reach when it is needed by the General Directorate of Ports.

8.11.2 The GDP has 150 computer devices (PCs) distributed among all offices within its premises and its branches connected together through leased lines and all of them are served by different types of servers:

- Domain controller servers - 2. Oracle servers - 3. Isa server - Exchange server - 5. Private server for archiving

8.11.3 The General Directorate of Ports and its branches have electric generators to provide electricity during power break down outages in adding to UPS devices to provide the necessary electricity to the devices among power outages and generators:

- 42 printers - 10 scanners - 4 surveillance cameras - Servers are located in protected AC Rooms - Number of qualified personnel 12


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9. Conclusions 9.1 The objectives of the REMPEC workshop and mission to Syria have been achieved; this was evident from the feedback of the GDP officials and participants of the workshop which was encouraging. They appreciated REMPEC’s efforts for organizing this event to enhance their awareness regarding the VIMSAS matters and to assist the GDP in Syria in the process of preparation for volunteering for the VIMSAS. 9.2 The workshop was the fourth of its kind and the first one delivered in Arabic, directly or through interpretation. The workshop used course presentation material developed by IMO, with translation to Arabic for 6 presentations done by the consultant Moain Al-Zoubi. All presentations were revised by the consultants taking into account the participants’ profile and also the aim and objectives of workshop. 9.3 Second part of REMPEC mission included 2 days of interviews and meetings and also covered considerations and recommendations for preparation for the VIMSAS, the mission highlighted also issues of coordinating different authorities and various responsibilities and obligations of Syria arising from IMO mandatory instruments. 9.4 The mission was to assess the degree of preparedness of the Syrian Maritime Authorities to the VIMSAS and recommend a list of actions with priorities in order to assist Syria to plan for officially volunteering for VIMSAS. Accordingly the consultant, from the information available; interviews and document examination, identified in the report under paragraph 8.1.1 a total of 21 findings and actions needed as an important step in order to assist Syrian GDP to plan for officially volunteering for the VIMSAS. 9.5 It is evident that a successful VIMSAS for Syria would have a positive impact on the reputation of maritime industry in Syria and consequently the maritime economy for the country. Taking into account that the voluntary phase of IMO audit scheme will reach an institutionalization process and will be applied as a mandatory scheme by 1 January 2015. Syria is invited not to miss the chance to have a voluntary audit to gain experience and correct possible weak spots before VIMSAS becomes a mandatory application.


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10. Recommendations

10.1 The first recommendation is that the GDP is strongly recommended to start preparation for the VIMSAS. The first step in preparation would be to identify all involved authorities which have duties and responsibilities in the VIMSAS. This would help in establishing a clear chain of responsibility to implement and enforce obligations under IMO mandatory instruments.

10.2 The second recommendation is that MOT and GDP establish a strategy with a clear vision and seek other parties to carry out inherent obligations under IMO mandatory instruments, and procure the best condition and terms of responsibility and authorization to be assigned, and maintain a comprehensive control over those associated parties within the maritime system in Syria for proper implementation and enforcement for IMO mandatory instruments and national maritime legislations. 10.3 The third recommendation is that the GDP forms a national committee to start preparation and can ask support for further consultancy and a possible external preparatory audit for VIMSAS. 10.4 The fourth recommendation is that the GDP selects individuals with suitable technical background to be further trained as auditors and prepare probable national coordinators for the VIMSAS for Syria. 10.5 The fifth recommendation is that the GDP sets up a corrective action plan for all findings identified in this report under paragraph 8.1.1, an important step in order to assist Syrian GDP to plan for officially volunteering for the VIMSAS. 10.6 The sixth recommendation is that the GDP as a matter of urgency accelerates the process of activation of its role as port state and finalize joining requirement to the regional MOU for PSC. 11. Acknowledgements

The workshop and the meetings with the GD of the General Directorate of Ports took place in a pleasant and open atmosphere and appeared to be fruitful to all participants, lecturers and consultants. Accordingly, the consultant wishes to thank all participants in the workshop and officers for their very useful contributions during the interviews. The consultant wishes to thank the Admiral Gazi Hamdan, General Director of Ports for the excellent welcome and support to the mission given by him and all the personnel under his orders and for their cooperation and willingness to start preparation to the VIMSAS and positive attitude towards the implementation and enforcement of IMO mandatory instruments. In addition, I would like to thank in particular to the Director of Marine Inspection, Eng. Alaa Suleiman and the SAFEMED National Co-coordinator, Eng. Ali Dayoub for the organization of the meetings and provision of information.


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Annex I – List of Participants of the Workshop No. Name Country/Qualification Position 1. Lawrence Barchue IMO Lecturer 2. Ioannis Efstratiou Cyprus Lecturer 3. Moain Al-Zoubi Jordan Lecturer 4. Albert Bergonzo REMPEC Lecturer 5. Kmal Naziha Syria/Bsc Director of Planning

6. Ali Dayoub Syria/ Engineer Head of Marine Anti-Pollution Department

7. Bassel Mansour Syria/Engineer Head of survey of Syrian Vessels 8. Abdel Mouti Briemo Syria/Engineer Ships Inspector 9. Tariq Jabour Syria/Engineer Ships Inspector/Banias

10. Aiham Naman Syria/Engineer Head of Ships Registration & Survey Dept.

11. Lidia Halom Syria/Engineer Head of Lights Division

12. Nessreen Hassan Syria/Bsc BA Head of Ships Registration Division

13. Adel Jarkes Syria/Bsc BA Head of Small and fishing Ships Division

14. Baker Bebe Syria/Engineer Ships Inspector 15. Kawkab Suliman Syria/Engineer Head of STCW Division 16. Bassel Mohamed Ali Syria/Engineer Head of Ships Inspector 17. Ali Saftly Syria/Engineer Marine Anti-Pollution Department

18. Bashar Amaar Syria/Engineer Head of Ships Inspector/Banias Port

19. Theair Abou Daqaa Syria/Engineer Ships Inspector

20. Alaa Sakr

Syria/Marine eng diploma in quality

Head of Marine Officer Training and Competency Division

21. Firas Saker Syria/Engineer Ministry of Transport 22. Firas Sttas Syria/Engineer Ministry of Transport

23. Ghada Achi

Syria/Civil Eng.

Head of Seafarers Training and Competency Division

24. Alhan Obeid Syria/Civil Eng.

Head of Hydrographic Division

25. Maher Zoumerod Syria/Engineer Prot of Latakia Dept. 26. Hosam Lolo Syria/Engineer Prot of Latakia Dept. 27. Ahmad Alahmad Syria/Engineer Head of SAR Dept.

28. Ossama abed Al Rahamn

Syria/Engineer Ships Inspector

29. Taysseir Ibraheem Syria/Engineer Head of Ships Inspector/Arwad Port

30. Rami Sallowm Syria/Engineer Head of Marine Occupation Dept 31. Abbas Sultanha Head of labour Dept.


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Annex II – Programme of the Workshop on the VIMSAS for Syria DAY 1 09.30 – 10.00 Registration of participants 10.00 – 10.15 Opening 10.15 – 10.30 Introduction to the

workshop/objectives/logistics

Theme I: Background, Framework and Procedure for the Audit Scheme, Audit Standard

10.30 – 11.00 EU Policy regarding the Audit Scheme and the role of the Safemed Project

Bergonzo

11.00 – 11.15 Coffee Break 11.15 – 12.00 The case for the Voluntary IMO Member

State Audit Scheme Barchue

12.00 – 12.45 Framework Efstratiou 12.45 – 14.00 Lunch 14:00 – 15.00 Planning and Procedures (Sections 1 to 5) Al-Zoubi 15:00 – 15.30 Coffee 15.30 – 16.30 Planning and Procedures (Sections 6 to 9

and Appendix 3) Al-Zoubi

16.30 – 17.00 Questions and discussion/Exercise 1 Overnight (Identification of responsibilities)

Barchue

16.45 – 17.15 Questions and discussion/Exercise 3 Overnight (Identification of Findings with references)

Barchue

DAY 2 09.00 – 10.00 Code Part 1 & 2 Efstratiou 10.00 – 10.30 Code Part 3, 4 and Annexes Al-Zoubi 10.30 – 11.00 Coffee break

Theme II: Preparation for the Audit Scheme 11.00 – 12.00 Member State Preparation for the Audit (General) Efstratiou 12.00 – 12.30 Exercise 2 (Sort out findings –areas of

responsibility and types of findings) Barchue

12.30 – 13.30 Lunch 13.30 – 14.30 Preparation and review of a Pre-audit

questionnaire Efstratiou

14.30 – 15.30 Preparation for an audit by the Audit Team Al-Zoubi 15.30 – 16.00 Coffee break

Theme III: Conduct of an audit and Post audit activities 16.00 – 16.45 The Audit Process Al-Zoubi DAY 3 09.00 – 09.45 Audit findings Al-Zoubi

09.45 – 10.30 MS corrective action and follow-up Efstratiou 10.30 – 11.00 Coffee break 11.00 - 11.30 Strategy Barchue 11.30 – 12.30 Exercise 4 (Preparing pre-audit questionnaire) Barchue 12.30 – 13.30 Lunch 13.30 – 14.30 Group discussion on the result of Exercises 14.30 – 15.30 Workshop appraisal on the impact of the

workshop

15.30 – 16.00 Concluding remarks


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Annex III - List of names, qualifications and positions of meet persons NAME QUALIFICATION POSITION Ghazi Hamdan R. Admiral General Director of Ports Alkateep Bsc Director of Administrative Kamal Naziha Bsc Director of Planning Alaa Suleiman Engineer Director of Marine Inspection

Ali Dayoub Engineer Head of Marine Anti-Pollution Department

Abdel Mouti Briemo Engineer Ships Inspector Seham Dayoub Engineer Ships Inspector Aiham Naman Engineer Ships Inspector Loyi Amar Engineer Ships Inspector Hussein Shahadeh Engineer Ships Inspector Nessreen Hassan Bsc BA Head of Ships Registration Division Baker Bebe Engineer Ships Inspector Kawkab Suliman Engineer Head of STCW Division Annex IV - List of names of marine inspection directorate personnel NAME QUALIFICATION POSITION Alaa Suleiman Engineer Director of Marine Inspection Ali Dayoub Engineer Head of Marine Anti-Pollution Department Abdel Mouti Briemo Engineer Ships Inspector Adnan Aboud Dr. Engineer Ships Inspector Seham Dayoub Engineer Ships Inspector Loyi Amar Engineer Ships Inspector Hussein Shahadeh Engineer Ships Inspector Waseem Saeed Engineer Ships Inspector Baker Bebe Engineer Ships Inspector Hyetham Ibrahem Engineer Ships Inspector Bashar Ibrahim Engineer Ships Inspector Theair Ali Engineer Ships Inspector Waseem Saeed Engineer Ships Inspector


26

Annex V - Templates of corrective action with priorities to assist Syria to plan Officially volunteering for the VIMSAS Table 1: Summary Finding and Recommendations on Common Areas -General - Maritime Administration Structure

No. Area & Description Recommendation Corrective action Responsibility Action party

Time to Complete

1

Institutional Arrangements Current Syrian Maritime Administration organization (GDP) GDP organization structure shows that division of works and functions for which IMO Instruments involved are divided mainly between two departments (Marine Inspection Directorate and Port Affairs Directorate). No clear division of roles and responsibilities amongst ministries and other competent authorities to implement and enforce of IMO mandatory instruments.

The current GDP (maritime administration) organization structure seems to be adequate to discharge mandates and responsibilities assigned to the GDP by its law. To establish a comprehensive dynamic maritime structure to ensure other parties proper involvement in implementation and enforcement of IMO mandatory instruments.

GDP in consultation with the Ministry of Transport to evaluate the existing division of roles and responsibilities amongst ministries and other competent authorities.

Proposal from GDP to Inter-ministerial committee headed by SMOT

3-6 Months


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Table 2: Summary Finding and Recommendations - Common Areas –Strategy

No Area & Description Recommendation Corrective action Responsibility Action party

Time to Complete

2

Common Areas: Overall Strategy In general discussions with officials of the GDP it was established that the GDP has not set an overall strategy to implement and enforce the relevant mandatory IMO instruments

GDP needs as a matter of urgency to establish, in cooperation with Syrian Ministry of Transport (MOT), an overall strategy by the State to meet its obligations and responsibilities as a maritime administration (flag state, port state and coastal state) under the various mandatory IMO instruments.

The strategy should establish a methodology for monitoring the overall organizational performance of (GDP) the maritime administration in the execution of its duties and processes for continual review related to the fulfillment of the strategy objectives. The strategy should be developed, covering the following issues: - Implementation and enforcement

of relevant international mandatory instruments;

- Adherences to international recommendations, as appropriate;

- Continuous review and verification of the effectiveness of the State in respect of meeting its international obligations;

- Achievement, maintenance and improvement of overall organizational performance and capability.

GDP & MOT

5-6 months


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Table 3: Summary Finding and Recommendations – Common Areas -Communication of Information with IMO


Time to Complete

3

Common Areas: Communication of Information with IMO Texts of the majority of laws, decrees, orders and regulations in relation to international conventions have not been communicated to IMO.

GDP needs as a matter of urgency to establish a process and a mechanism to communicate all text of national legislations in relation to international conventions.

MOT & GDP in coordination with concerned parties

3-6 months


29

Table 4: Summary Finding and Recommendations- Common Areas – Records


Time to Complete

4

Common Areas: Records and Documentations Files related to vessels flag state division needs rearrangement to include flag state annual inspection report recorded or filed Information and document related to ISM implementation and enforcement (DOC and SMC). . Distribution of IMO publications (hard or soft copies) is not adequate, copies of IMO publications (Conventions, Codes etc) only found in Marine Inspection Directorate.

GDP needs as a matter of urgency to establish in cooperation with SMOT Files of FS division would be better arranged for easy referencing such as (using year chronological arrangement) in addition to using partition within the same file for certificates renewal

Records should be established and maintained to provide evidence of compliance to requirements and of the effective operation of the GDP as appropriate. Records should remain legible, readily identifiable and retrievable. a documented procedure should be established to define the controls needed for the identification, storage, protection, retrieval, retention time and disposition of records.

SMOT and GDP in coordination with concerned parties

2-3 months


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Table 5: Summary Finding and Recommendations - The regulatory framework


Time to Complete

5

The regulatory framework: Legislation - Slow legal process dealing mainly with the incorporation of mandatory IMO instruments into Syrian national law - No central control by GDP for the legal process dealing with the incorporation of mandatory IMO instruments into national law -No legal specialized staff working within the GDP.

To establish accelerated systematic approach to ensure that this transposition have been properly issued no later than the entry into force date of the amendment concerned or in the case of a new treaty, the entry into force date for Syria. To incorporate a reference corresponding each related IMO instrument or its amendment into ministerial decree or regulation to enforce these instruments or its amendments. To accelerate the process of adaptation of new versions of maritime laws or decrees, which fall under the domestic legislation of the mandatory application of international conventions as the most important requirements of a voluntary assessment of Syria.

- GDP in coordination with SMOT needs to prepare a consolidate package containing all existing legislations, regulations, orders, decrees and other regulatory issuances - GDP as responsible entity of the State to transmit to IMO texts of national legislation related to the various mandatory IMO instruments. - GDP needs also to prepare an electronic support system to facilitate the future identification and reporting national legislation related to mandatory IMO instruments. - Communication between the relevant ministries has been enhanced to ensure timely submission of the relevant legislation to IMO - GDP to establish a procedure for continuous verification of transposition of amendments to mandatory IMO instruments into national legislations.

GDP and MOT

6 months


31

Table 6: Summary Finding and Recommendations - Flag State Activities


Time to Complete

6

Flag State Activities: Similar to the law No /9/ issued 6/2006 by Ministry of Transport for prevention of pollution from ships, the GDP needs to finalize the updating existing national laws and regulations related to SOLAS convention and its amendments enforcement to be in line with necessary provisions of penalties of adequate severity to discourage violation of international Instruments.

GDP needs as a matter of urgency to establish in cooperation with the MOT to enact and enforce necessary laws or decrees for ship inspections to ensure compliance with international maritime safety and pollution prevention standards; this would provide GDP necessary tools to take legal action against ships which have been identified as not being in compliance with the international instruments, this would include penalties such as detention or prohibition from entry the Syrian ports.

To finalize the updating existing national laws and regulations related to SOLAS convention and its amendments enforcement to be in line with necessary provisions of penalties of adequate severity to discourage violation of international Instruments.

GDP in coordination with MOT

3-6 months


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Table 7: Summary Finding and Recommendations - Flag State Activities - Delegation of authority


Time to Complete

7

Flag State Activities: Delegation of authority Among 27 organizations (ROs) has been recognized for the purpose of delegation of authority to issue statutory certification on behalf of GDP, the GDP singed only 5 authorization agreements which follow resolutions A.739(18) and A.789(19) as minimum requirements, the requirements in SOLAS 74, regulation XI/1, and requirements in MARPOL 73/78.

GDP needs to sign other authorization agreements which follow resolutions A.739(18) and A.789(19) with the remaining ROS GDP to provide IMO with a copy of the formal agreement or equivalent legal arrangements with these recognized organizations.

Sign other authorization agreements which follow resolutions A.739(18) and A.789(19) with the remaining ROS

GDP in coordination with concerned parties

4 months


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Table 8: Summary Finding and Recommendations - Port State Control activities


Time to Complete

8

Port State Control activities currently there are no PSC inspections activities performed by the PSC unit Syria is not a party to any Memorandum of Understanding on PSC. The GDP is in process to approve a resolution no. 1242 to activate the PSC System in Syrian ports.

GDP is urgently recommended to accelerate the process of activation its role as port state and finalize joining requirement to the regional MOU for PSC

- To Adopt within its overall strategy and action plan to discourage substandard ships from calling at Syrian ports. And start participation in international efforts to detect substandard ships trading particularly in the Mediterranean Sea and other areas of international waters. - To finalize joining process to the MED regional PSC regime. - Formulates national guidelines for PSC inspections. - Activate the PSC system in Syrian ports. - Start the activities of uploading the inspection reports to the databases of regional PSC regimes, - Organize necessary training courses for PSCOs. - Start a notional campaign of PSC inspections to establish data base for ships regularly calling Syrian ports.

SMOT and GDP in coordination with concerned parties

3-4 months


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Table 9: Summary Finding and Recommendations - Coastal State Activates


Time to Complete

9

Under the organization structure of the GDP, the Port Affairs Directorate the two divisions (Hydrographic and Lighthouse Salvage and Marine Service) have the overall responsibility for discharging the obligations arising under SOLAS V.13.1 relating to the provisions of aids to navigation. And to revaluate all activities and areas of safety of navigation within territorial waters.

Hydrographic Office to enhance coordination with the GDP for proper following up with existing facilities of (VTS, AIS and GMDSS services) to implement safety of the navigation requirements under SOLAS Ch V.

It was noticed that the coordination between GDP and NAVTEX Syrian Radio Coastal Station needs to be formalized in order to organize all activities related to hydrographic operations and charting activities, promulgates notices to mariners and operates.

MOT and GDP in coordination with concerned parties.

3-4 months

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