IMO Recommendations and Codes

In addition to promoting the adoption of conventions, the IMO Assembly adopts recommendations and codes for practices that are not generally suitable for regulation by formal treaty instruments. Although the recommendations and codes are not usually binding on governments, many governments adopt them by their incorporation in national legislations and regulations. Codes become mandatory when they are part of adopted and ratified conventions.

Recommendations and codes often provide guidance for implementing provisions of conventions and clarify questions which arise in their interpretation. Also, they clarify questions related to specific maritime measures and attempt to ensure their uniform interpretation and application by governments.

An example of an IMO mandatory code is the International Safety Management (ISM) Code. It was adopted by the IMO in 1993 and brought into force at the 1994 SOLAS Conference when its provisions became mandatory under a new Chapter IX to the SOLAS Convention. The ISM Code recognizes that environmental pollution and loss of life at sea are influenced by how companies manage their ships. The Code seeks to insure safe practices in ship operation by improving ship management. The Code requires shipping companies to develop, implement and maintain a Safety Management System (SMS) which includes:

1. A safety and environmental protection policy;

2. Procedures and instructions to ensure safety and environmental protection;

3. Defined lines of communication and levels of authority between and among shore and shipboard personnel;

4. Procedures for reporting accidents;

5. Procedures for responding to and preparing for emergencies;

6. Procedures for management review and internal audits.

By July 1, 1998 all commercial passenger ships, oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tons or larger are to comply with the Code. By July 1, 2002 all other commercial cargo ships and mobile offshore drilling units of 500 gross tons or larger are to comply with the Code (O’Neal, 1998).