TO THE MEMBERSDear Sirs
INTERNATIONAL SAFETY MANAGEMENT CODE
1st JULY 2002 SECOND PHASE IMPLEMENTATION.
Members are reminded that the deadline for compliance with the second phase of the International Safety Management Code is 1st July 2002. The second phase of the code applies to all cargo ships not in phase one, including general cargo ships, container ships and mobile offshore drilling units of 500 gross tons or more. Members should be well advanced by now in their plans to implement a Safety Management System (SMS) as required by the Code. Those who still need advice about preparation of the SMS are recommended to consult promptly with their classification societies in the first instance.
Members should be aware that Rule 5K(vi) of the Association's Rules requires valid statutory certificates to be maintained for ships subject to the ISM Code. These certificates consist of a Document of Compliance (DOC) for the company and a Safety Management Certificate (SMC) for each individual ship. The Rule makes clear that an owner cannot recover in respect of any claim arising during a period when such certificates are not maintained, unless and to the extent that the Directors otherwise decide.
The Managers' London Agents may wish to see copies of ISM certificates (whether Interim or Full) before considering requests to provide security on behalf of the Association for claims against ships subject to the Code. Similar checks may be made on behalf of the Association when dealing with other serious claims against such ships. In order to avoid any delay arising from such checks, members are recommended to provide evidence of their ISM certification as soon as this is available, rather than waiting until a claim arises.
Members should also note that the Application Form for new entries in the Association includes a space for ISM details, which must therefore be supplied for all ships newly entered from 1st July, 2002. The Association also requires to have seen evidence of ISM certification as a condition of renewal for all ships to which the Code applies; this requirement will therefore be relevant for the February 2003 renewal of phase two ships.
THOMAS MILLER (BERMUDA) LTD