Guidance

Annex 1 - Certification requirements

Updated 29 July 2022

1   UK flagged vessels operating from UK port to UK Exclusive Economic Zone (EEZ) only:

   1.1 Statement of Compliance with the 2008 SPS Code or the 1983 SPS Code as applicable for date of build, or of major modification, and associated Convention Certificates including SOLAS exemption(s)^{[footnote 1]}, if applicable, for carriage of special personnel.

   1.2 In addition, recognising the restricted area of operation we would consider exemptions reflective of the following:

     1.2.1 Ships built before 1 July 2009, which are under 80 metres load line length and carrying no more than 50 special personnel which are already an Offshore Supply Vessel (OSV), and want to be dual role as an OSV and SPS, and will retain OSV capabilities and equipment, could be considered for exemption from the damage stability and subdivision requirements of the 1983 SPS Code (Resolution A.534(13)) subject to –

    (a) compliance in all other respects with the 1983 SPS Code;

    (b) compliance with the damage stability and subdivision requirements of IMO OSV Guidelines, Resolution A.469(XII) or MSC.235(82); and

    (c) the range of operational risks being limited to the EEZ conditions anticipated in the OSV Guidelines referred to above (e.g. diving assistance, survey, offshore construction, hydrographic, oceanographic or underwater survey, installing, inspecting, testing, repairing, altering, renewing or recovering seabed equipment).

Note - special purpose ships carrying noxious liquid substances in bulk should comply with either IMO Resolution A.673(16) – Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (“OSV Guidelines”) or IMO Resolution A.1122(30) – Code for the Transport and Handling of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (“OSV Chemical Code”). (See MGN 649(M) Amendment 1 for further guidance on the application of MARPOL Annex II to offshore supply vessels.) Chapter 7 of the SPS Code addresses the carriage of dangerous goods on special purpose ships.

     1.2.2 For ships built before 1 July 2009 Ships of 80 metres load line length and over and/or carrying more than 50 special personnel -

    (a) evaluation against the damage survivability criteria in the Code (which may be by use of the probabilistic approach in the SPS Code 2008);

    (b) consideration of the operational circumstances, e.g. draught restriction, to achieve compliance;

    (c) evaluation of the extent of compliance with the Code in the key areas of fire protection and life-saving appliances.

    (d) Where full compliance with the SPS Code requirement is not possible, exemptions may be granted subject to operational limitations or other conditions acceptable to MCA.

1.3   It is recommended that the shipowner should request MCA to issue a statement stating that special personnel on board a UK ship are not considered as seafarers and therefore are not subject to the MLC. Further information on this can be found in MGN 471 (as amended) (see paragraph 6.8 above).

2   UK flagged vessels operating as SPS worldwide:

2.1   The ship should carry a Statement of Compliance with the 2008 SPS Code or the 1983 SPS Code as applicable for the date of build, or major modification, and associated Convention Certificates including SOLAS exemption(s)^{[footnote 2]} for carriage of special personnel

2.2   It is recommended that the shipowner should request MCA to issue a statement stating that special personnel on board a UK ship are not considered as seafarers and therefore are not subject to the MLC. Further information on this can be found in MGN 471 (as amended) (see paragraph 6.8 above).

3   UK flagged vessel operating as SPS from a foreign port on a domestic voyage:

3.1   The ship should carry a Statement of Compliance with the 2008 SPS Code or the 1983 SPS Code as applicable for date of build, or major modification, and associated Convention Certificates including SOLAS exemption(s)3 for carriage of special personnel.

3.2   In addition to the above, any specific requirements of the Administration of the port(s) and/or waters the vessel will be operating in are to be complied with.

3.3 It is recommended that the shipowner should request MCA to issue a statement stating that special personnel on board a UK ship are not considered as seafarers and therefore are not subject to the MLC. Further information on this can be found in MGN 471 (as amended) (see paragraph 6.8 above).

4   Foreign flagged vessels operating in the UK EEZ (whether from UK port or not):

4.1 The ship should carry a Certificate or Statement of Compliance with the 2008 SPS Code or the 1983 SPS Code as applicable for date of build, or major modification, and associated Convention Certificates including SOLAS exemption(s)^{[footnote 3]} for carriage of special personnel.

     4.1.1 For vessels built before 1 July 2009, MCA may accept additional exemptions from some of the requirements of the Code (e.g. stability, firefighting, life-saving appliances) in line with Section 1 of this Annex. Requests for MCA to accept such exemptions, issued by the vessels flag state, should be made to the PSC@mcga.gov.uk in reasonable time to permit a review of the conditions to be assessed.

4.2 It is recommended that the shipowner should request their Flag State to issue a statement stating that special personnel on board their ship are not considered as seafarers and therefore are not subject to the MLC (see paragraphs 6.8 and 6.9 above).

1. SOLAS Exemptions to be uploaded to IMO GISIS database as appropriate. It should be noted that not all SPS vessels will require SOLAS exemptions. Exemptions may relate to lifeboat capacity being provided to passenger ship rather than cargo ship requirements depending upon number of persons on board. ↩

2. SOLAS Exemptions to be uploaded to IMO GISIS database as appropriate. It should be noted that not all SPS vessels will require SOLAS exemptions. Exemptions may relate to lifeboat capacity being provided to passenger ship rather than cargo ship requirements depending upon number of persons on board. ↩

3. SOLAS Exemptions to be uploaded to IMO GISIS database as appropriate. It should be noted that not all SPS vessels will require SOLAS exemptions. Exemptions may relate to lifeboat capacity being provided to passenger ship rather than cargo ship requirements depending upon number of persons on board. ↩