Mandatory measures for non-SOLAS ships finalized

WWF Arctic Programme welcomes the mandatory measures for navigation and voyage planning for fishing vessels, pleasure yachts and small cargo vessels operating in polar waters introduced during the 9th session of IMO’s Sub-Committee on Navigation, Communications and Search and Rescue (NCSR).

In 2017, the International Maritime Organization’s (IMO) International Code for Ships Operating in Polar Waters, or Polar Code, came into effect to provide a clear set of rules to protect not only ships and crews, but also Indigenous communities and wildlife which depend on the fragile marine ecosystem of the Arctic.

However, the Polar Code doesn’t apply to fishing vessels, pleasure yachts, and small cargo vessels (under 500 gross tonnage). In May 2021 the IMO’s Maritime Safety Committee (MSC) approved voluntary guidelines for these vessels operating in polar waters, designed to provide advice rather than mandatory direction. The optional guidelines are, however, not enough to mitigate the impact on the people and environment in the remote, vulnerable and potentially harsh polar waters.

A substantial step forward

But now, mandatory provisions for navigation and voyage planning for these so-called “non-SOLAS ships” have been finalized during the 9th session of IMO’s Sub-Committee NCSR on 21-30 June 2022. It involves amending both the SOLAS Convention and the Polar Code. The MSC must approve and adopt these measures before they can take effect.

These mandatory measures will be applicable, if approved, for:

• fishing vessels of 24 m and above
• pleasure yachts of 300 GT and above not engaged in trade
• small cargo vessels of 300 GT and above, but below 500 GT, operating in polar waters

Ten years ago, during the development of the Polar Code, WWF and others raised concerns about the numbers of non-SOLAS vessels operating in polar regions with limited safety and environmental measures in place. In the Arctic around one-third of ships are considered non-SOLAS vessels and the number is growing.

WWF welcomes this step forward in addressing risks from shipping in the polar waters made by IMO and anticipates approval by the MSC. The measures will be an important addition to the International Maritime Organization’s Polar Code.

Room for improvement

It was noted by the Sub-Committee’s Working group that the amendments should enter into force as soon as possible however it won’t be until 1 January 2026 that they will have to be implemented.

In the meantime, in the Arctic, the number of non-SOLAS vessels operating in polar regions with limited safety and environmental measures is growing. Waiting until 2026 poses a risk to human life, to the polar environment and to search and rescue operations. Therefore, we call on IMO states to start applying the requirements immediately in line with an existing IMO Assembly Resolution (A.1137(31) which urges the Member States to implement the safety measures of the Polar Code for non-SOLAS vessels.

We also want to address the need to extend safety measures for non-SOLAS vessels to fishing vessels under 24m in length (not included in the current amendments) due to the numbers of smaller fishing vessels involved in incidents and accidents in the Arctic. WWF found out that fishing vessels between 10 and 24 meters are the most likely to be involved in accidents, damaged or lost in Arctic waters. In fact, these boats accounted for almost half of incidents between 2005 and 2017.

Climate change impacts in the Arctic are already occurring at an unprecedented pace. As the Arctic sea ice melts, shipping will increase further.  Every incident could have major and irreversible consequences for the Arctic marine environment and communities. WWF strongly believes that the course taken by IMO towards addressing the gaps and challenges in the Polar is a good step in moving forward in this changing environment.