Aleksei Klyavin: “Having applied for being audited by IMO Russia substantially escapes criticism”

In autumn 2009, IMO Committee will audit Russian ports’ state structures and private companies to check conformity with norms and requirements of international conventions, codes and other IMO standards. Aleksei Klyavin, Director of the Department for State Policy in Maritime and River Transport, RF Transport Ministry, told about the inspection, which is to be held from September 25 till October 7, 2009, at the last meeting of the Maritime Board under RF Government. Today he answers the questions of PortNews IAA.

- Mr. Klyavin, could you, please tell what is IMO audit and what is its purpose for member states?

- In 2004, IMO Assembly adopted resolution A.946(23) on the Voluntary IMO Member State Audit Scheme calling on Member Governments to approve it. It is envisaged that the audit scheme will address issues such as a Member State's conformance in enacting appropriate legislation for the IMO instruments to which it is a Party as well as the administration and enforcement of the applicable laws and regulations of the Member State.

The main task of such a voluntary audit is to check if the Authority practice (the functions of which is the competence of the Transport Ministry in Russia) meets the requirements of international conventions, codes and other IMO standards.

The Scheme addresses issues such as introduction of international instruments into national legislation; interdepartmental cooperation in implementation of obligatory requirements; quality of audited Flag State’s vessels; delegation of authority to approved organizations; state port control of foreign vessels; development of vessels’ routes, vessel tracking management systems, rescue system, oil spill recovery; training, upgrading and certification of crew members;
hydrometeorological support; navigational and hydrographic support, including paper and electronic mapping.

- What has forced Russia to volunteer for audit?

- As of today it is a voluntary audit. However, on April 6 IMO Secretary General proposed IMO Council to approve plan for obligatory audit. The audit couldbecome obligatory by 2014.

So far, 47 of 168 Member States have volunteered for audit and 30 audits have been conducted (including 2 states in 2009). This year 7 other countries are to be audited. The list of audited states includes Australia, Ukraine, USA, Denmark, Canada, Chili, Germany, Greece, Italy, Japan, S.Korea, Liberia, Panama. The majority of European states are either in the list of audited countries or in the list of those having applied for.

On December 4, 2008, a Protocol on cooperation between the RF Ministry of Transport and the International Maritime Organization in acceptance of the Voluntary IMO Member State Audit Scheme was signed upon approval of the RF Ministry of Foreign Affairs and RF Government. Russia has been included into the list of states to be audited. Having applied for being audited by IMO Russia substantially escaped criticism in respect to implementation of IMO requirements though it is only the audit to confirm Russia’s conformity with IMO standards.

- Which aspects of Russian port’s activities are likely to draw the most careful attention of auditors in your opinion?

- Analysis of inspections conducted in other states shows that the most frequent remarks relate to absence of well-framed policy in implementation of international requirements of safe navigation and protection of marine environment from pollution. It is especially important amid internationalization of shipping when IMO documents become obtain supernational status.

RF Transport Ministry holds to generally recognized principles in this sphere. When developing state policy in the sphere of maritime transport and when elaborating regulations the priority is safe navigation and protection of marine environment. Russia has acceded to almost all IMO mandatory instruments (Conventions and Codes) and actively works on accession to other instruments. The prime example in this area is Russia’s ratification of the International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) which is to come into effect on May 24, 2009 in Russia. An important element of Russia’s state policy is adherence to global standards of safe navigation based on their universality and      general application. RF Transport Ministry presumes that the only instrument to develop international maritime standards is the International Maritime Organization. Permanent improving of the system aimed at training and upgrading of marine staff is a key element to ensure high-quality navigation.

- The forthcoming audit will also touch the interests of other authorities, not only Transport Ministry. Areyoucolleagues ready for the audit?

- One of the requirements for implementation of Russia’s obligations is legal execution of international norms at national level. According to Russia’s legislation, international agreements become obligatory for implementation by citizens and organization only after they are officially published upon recommendation of the RF Ministry of Foreign Affairs. Meanwhile, quite a large number of amendments to conventions and codes have not been published in Russia yet. It seems critical to undertake immediate measures for publishing international conventions and amendments which have come into effect.

A number of issues to be considered relate to the competence of the RF Ministry of Defense in the sphere of navigational and hydrographic support of maritime activities including availability of navigation maps and training aids.

The issues related to the procedure of collecting hydrometeorological information in the Russian Federation and providing weather forecasts to seamen as well as to measures aimed at stimulating collection of hydrometeorological information, procedure for investigation of accident related to contamination of water environment are within the competence of the Nature and Ecology Ministry of the Russian Federation.

The Ministry of Transport has asked the above authorities to eye participation of authorized representatives in Voluntary Audit Committee and assistance in collection of information to be furnished to IMO and we hope for fruitful cooperation. We believe that cooperation under the aegis of the Maritime Board will not only help to successfully pass the IMO audit but will also improve the work of Russia’s implementation of international liabilities in maritime sphere and will create more favorable environment for Russian and Russian Flag vessels in international navigation system.

 

Nadezhda Malysheva