The Maritime Safety Committee, at its sixty-fifth session
(9 to 17 May 1995), noted the discrepancy between paragraph 13.2 of the International Safety
Management (ISM) Code and regulation 4.1 of
the new chapter IX of the 1974 SOLAS Convention in that the phrase
“acting on behalf of" is used in paragraph 13.2 of the ISM Code
and the phrase “at the request of" is used in regulation 4.1
of the new chapter IX of the 1974 SOLAS convention in the same context.
In order to avoid confusion in the interpretation, the Committee
agreed that paragraph 13.2 of the ISM Code should be amended by replacing
the phrase “acting on behalf of" by the phrase “ at the
request of". The proposed revised paragraph 13.2 is given at annex
to this circular.
The amendment to the ISM Code can only be made after the
entry into force of chapter IX of SOLAS 74, which is expected to be
the 1st of July 1998 and in accordance with the provisions of article
VIII of SOLAS 74. In the interim period, the Committee has invited
Member Governments to interpret the phrase “acting on behalf
of" in paragraph 13.2 of the ISM Code to mean “ at the request
of".
In addition, the Committee approved the draft amendment
to section 7 of the ISM Code,
proposed by the Panel of Experts on Ro-Ro Ferry Safety, also given
in the annex, however, for the same reason as the amendment to paragraph
13.2, the Committee decided to circulate this draft amendment prior
to its adoption.