MSC.1-Circ.1298 - Guidance On The Implementation Of The Lrit System (Secretariat)

MSC.1/Circ.1298 8 December 2008

GUIDANCE ON THE IMPLEMENTATION OF THE LRIT SYSTEM
1 The Maritime Safety Committee (the Committee), at its eighty-fifth session (26 November to 5 December 2008), for the benefit of SOLAS Contracting Governments and Administrations and, in particular, of those involved in the initial implementation of the LRIT system, considered a number of amendments to MSC.1/Circ.1256 on Guidance on the implementation of the LRIT system and approved the Guidance on the implementation of the LRIT system (the Guidance), as set out in the annex.
2 The Guidance identifies the primary duties and obligations of SOLAS Contracting Governments and Administrations at the initial establishment of the LRIT system and should be read together with SOLAS regulation V/19-1 and the Revised performance standards and functional requirements for the long-range identification and tracking of ships adopted by resolution MSC.263(84).
3 The Committee also agreed to keep the Guidance under review and to amend it as and when the circumstances so warrant.
4 SOLAS Contracting Governments are invited to bring the present circular and its annex to the attention of those engaged in the implementation of the provisions of SOLAS regulation V/19-1 and/or the development and establishment of their LRIT Data Centres and/or the initial establishment of the LRIT system.
5 The United States, having agreed to provide the International LRIT Data Exchange on an interim basis, is invited to bring the present circular to the attention of those involved in the operation of the International LRIT Data Exchange.
6 SOLAS Contracting Governments are also invited to bring the present circular and the salient parts of its annex to the attention of Companies operating ships entitled to fly their flag which are required to transmit LRIT information and to provide to such Companies any necessary further guidance and instruction so as to ensure that the objectives of this circular are achieved.
7 SOLAS Contracting Governments, international organizations, non-governmental organizations with consultative status, the LRIT Coordinator, LRIT Data Centres acting through the SOLAS Contracting Government(s) which have established them and the International LRIT Data Exchange, are also invited to bring to the attention of the Committee, at the earliest opportunity, the results of the experience gained from the use of the Guidance for consideration of action to be taken.
8 The circular revokes MSC.1/Circ.1256.
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MSC.1/Circ.1298
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ANNEX
GUIDANCE ON THE IMPLEMENTATION OF THE LRIT SYSTEM
1 Purpose
1.1 This note summarizes the various aspects of the LRIT system with a view to enabling Contracting Governments1 to implement the system and to ensure the timely compliance of the ships2 entitled to fly their flag with the obligation to transmit LRIT information.
1.2 In addition, this note provides salient information which would enable Companies operating ships which are required to comply with the obligation to transmit LRIT information to ensure the survey and certification of their compliance in a timely manner.
2 Related documents 2.1 This note should always be read together with regulation3 V/19-1 and the Revised performance standards and functional requirements for the Long-range identification and tracking of ships4 (Revised performance standards).
2.2 Additional information is provided in:
.1 MSC.1/Circ.1299 on Transitional arrangements and measures for accelerating the completion of the establishment of the LRIT system; .2 MSC.1/Circ.1296 on Guidance on the survey and certification of compliance of ships with the requirement to transmit LRIT information; .3 MSC.1/Circ.1295 on Guidance in relation to certain types of ships which are required to transmit LRIT information, on exemptions and equivalents and certain operational matters; and .4 MSC.1/Circ.1297 on Guidance to Search and Rescue services in relation to requesting and receiving LRIT information.
3 Overview of the LRIT system
3.1 The LRIT system provides for the global identification and tracking of ships.
3.2 The LRIT system consists of the shipborne LRIT information transmitting equipment, the Communication Service Provider(s), the Application Service Provider(s), the LRIT Data Centre(s), including any related Vessel Monitoring System(s), the LRIT Data Distribution Plan and the International LRIT Data Exchange. Certain aspects of the performance of the LRIT system are reviewed or audited by an LRIT Coordinator acting on behalf of all Contracting Governments. 1 Contracting Government means a Contracting Government to the International Convention for the Safety of Life at Sea, 1974, as amended. 2 Ship refers to ships, high-speed craft and mobile offshore drilling units which are required to comply with the provisions of regulation V/19-1. 3 Regulation means a regulation of the International Convention for the Safety of Life at Sea, 1974, as amended. 4 Adopted by resolution MSC.263(84).
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3.3 LRIT information is provided to Contracting Governments and Search and Rescue services5 entitled to receive the information, upon request, through a system of National, Regional, Cooperative and International LRIT Data Centres, using where necessary, the International LRIT Data Exchange.
3.4 The obligations of ships to transmit LRIT information and the rights and obligations of Contracting Governments and of Search and Rescue services to receive LRIT information are established in regulation V/19-1.
4 LRIT Data Centres
4.1 General
4.1.1 Paragraph 15.1 of the Revised performance standards states that each Administration should decide to which LRIT Data Centre ships entitled to fly its flag are required to transmit LRIT information.
4.1.2 Paragraph 16.1 of the Revised performance standards states that each Contracting Government should obtain the LRIT information to which it is entitled to under the provisions of regulation V/19-1, and has requested, from the LRIT Data Centre designated under paragraph 15.1. Contracting Governments which have no ships entitled to fly their flag may receive the LRIT information they are entitled to under the provisions of regulation V/19-1 from any of the LRIT Data Centres but should select one LRIT Data Centre from which they wish to receive the information and should provide related information to the Organization.
4.1.3 Thus each Contracting Government should either establish or participate in the establishment of an LRIT Data Centre or conclude an agreement with an LRIT Data Centre which is prepared to provide services to it as an LRIT Data Centre.
4.2 National LRIT Data Centre
4.2.1 A Contracting Government establishing a National LRIT Data Centre should provide relevant details to the Organization as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur.
4.2.2 In addition and in accordance with paragraph 8.3.2 of the Revised performance standards, the Contracting Government establishing a National LRIT Data Centre should, if the centre provides services to Contracting Governments other than those which established the centre, provide relevant details to the Organization as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur.
4.3 Regional or Cooperative LRIT Data Centre
4.3.1 One of the Contracting Governments establishing a Regional or Cooperative LRIT Data Centre should provide relevant details to the Organization as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur.
5 The term search and rescue service is defined in regulation V/2.5.
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4.3.2 In addition and in accordance with paragraph 8.3.2 of the Revised performance standards one of the Contracting Governments establishing a Regional or Cooperative LRIT Data Centre should, if the centre provides services to Contracting Governments other than those which established the centre, provide relevant details to the Organization as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur. 4.4 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres 4.4.1 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres are strongly advised to take action so as to conclude an agreement with an LRIT Data Centre as soon as possible and well before 31 December 2008. Paragraphs 4.4.2 and 5.4.3 below expand on some of the reasons which may delay or make impossible the conclusion of such agreements. Paragraph 4.4.4 cites one of the likely adverse consequences of the non identification of the LRIT Data Centre the services of which are to be used may lead to. 4.4.2 Upon request, National, Regional and Cooperative LRIT Data Centres may provide services to Contracting Governments other than those establishing the centre. Although paragraph 8.3.1 of the Revised performance standards states that the arrangements for providing such services should be agreed between the LRIT Data Centre and the Contracting Government requesting the provision of the services, such agreements may be subject to the agreement, approval, acceptance or concurrence of the Contracting Government(s) establishing the centre. In addition, the LRIT Data Centre would need to put in place and test, before 31 December 2008, the necessary arrangements for providing to the Contracting Government requesting the provision of the services as such arrangements may have implications on the systems of the centre. 4.4.3 Notwithstanding the provisions of paragraph 8.3.2 of the Revised performance standards Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres should provide to the Organization as soon as possible and well before 31 December 2008 information in relation to the LRIT Data Centre it would be using for obtaining LRIT information and thereafter should, without undue delay, update the information provided as and when changes occur. 4.4.4 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres are advised that unless they provide to the Organization information in relation to the LRIT Data Centre they would be using for obtaining LRIT information, their SAR services would be unable to request and receive LRIT information for the search and rescue of persons in distress at sea. 4.5 Settlement of financial obligations 4.5.1 Each LRIT Data Centre should settle its financial obligations vis--vis the LRIT Data Centres which provide to it LRIT information in a timely manner in accordance with the arrangements they have agreed. 5 Application Service Providers 5.1 General 5.1.1 Paragraphs 5.1.1 and 5.1.2 of the Revised performance standards state that Contracting Governments should recognize the Application Service Providers (ASPs) providing services to the LRIT Data Centre and paragraph 5.2 states that Contracting Governments should provide to
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the Organization a list with the names and contact details of the ASPs they recognize together with any associated conditions of recognition and thereafter should, without undue delay, update the Organization as changes occur.
5.1.2 Contracting Governments should note that in all cases ASPs may require the conclusion of relevant agreement(s) between them and the Contracting Government(s) seeking to recognize them and/or the LRIT Data Centre to which they will be providing services.
5.2 Contracting Governments establishing National LRIT Data Centres
5.2.1 Contracting Governments establishing a National LRIT Data Centre should decide which ASP(s) is to provide the required services to the centre; should recognize them in accordance with their national practice; and should communicate to the Organization the required information as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur.
5.3 Contracting Governments establishing Regional or Cooperative LRIT Data Centres
5.3.1 Paragraph 5.1.2 of the Revised performance standards states that in the case of Regional and Cooperative LRIT Data Centres the arrangements for recognizing the ASP(s) should be agreed amongst the Contracting Governments establishing or participating in the establishment of the centre.
5.3.2 Contracting Governments establishing Regional or Cooperative LRIT Data Centre should decide which ASP(s) are to provide the required services to the centre; should recognize them in accordance with their national practice; and should communicate to the Organization the required information as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur.
5.3.3 Notwithstanding the provisions of paragraph 5.2 of the Revised performance standards which stipulates that each Contracting Government should communicate to the Organization information in relation to the ASPs it recognizes and taking into account that, in accordance with paragraph 8.2 of the Revised performance standards, one of the Contracting Governments establishing Regional or Cooperative LRIT Data Centres should provide relevant details to the Organization and thereafter should, without undue delay, update the information provided as and when changes occur, in lieu of each of the Contracting Governments establishing Regional or Cooperative LRIT Data Centres communicating individually to the Organization information in relation to the ASPs it recognizes, one of the Contracting Governments establishing such centres may, acting on behalf of the others, communicate to the Organization the relevant information and update the information provided as and when changes occur.
5.4 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres
5.4.1 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres should agree with the LRIT Data Centre the services of which they would be using the ASP(s) which is to provide the required services as far as the ships which are entitled to fly their flag.
5.4.2 In accordance with the Revised performance standards the selection of which ASPs are to provide services to an LRIT Data Centre is the prerogative of the Contracting Governments establishing the centre.
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5.4.3 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres should note that they may not be able to require the LRIT Data Centre the services of which they would be using to use an ASP of their choice in cases where such an ASP is not one of the ASP(s) which are recognized by the Contracting Government(s) establishing the centre. In addition, although the centre may be prepared to accommodate such requests its decision may be subject to the agreement of the Contracting Government(s) establishing the centre. 5.4.4 Contracting Governments other than those establishing National, Regional or Cooperative LRIT Data Centres, after they have reached an agreement with the LRIT Data Centre the services of which they would be using in relation to the ASP(s) which is to provide the required services as far as the ships entitled to fly their flag, should recognize the ASPs in accordance with their national practice; and should communicate to the Organization the required information as soon as possible and well before 31 December 2008 and thereafter should, without undue delay, update the information provided as and when changes occur. The obligation to recognize the ASP(s) and to communicate to the Organization related information is not in any way waived or altered by the fact that the ASP(s) may be the same as those recognized by the Contracting Government(s) establishing the centre. 6 Communication Service Providers 6.1 General 6.1.1 Contracting Governments are not required to recognize the Communication Service Provider(s) (CSPs) or to communicate to the Organization any information relating to the CSPs which are handling the LRIT information transmitted by ships entitled to fly their flag. 6.1.2 Contracting Government should note that although the provisions of the Revised performance standards do not expressly state so, as the CSPs provide the communication services which link the shipborne equipment transmitting LRIT information with the ASPs, the CSPs need to be able to interface with the system used by the ASPs in providing the required services and thus is a matter to be decided by the ASPs. 7 Administrations 7.1 General 7.1.1 Administrations should, as soon as possible and well before 31 December 2008, provide to: .1 Companies and owners of ships entitled to fly their flag relevant guidance on all pertinent LRIT-related matters and in particular information in relation to the LRIT Data Centre to which ships should transmit LRIT information, the ASPs they have recognized within the framework of the Revised performance standards, the ASPs they have authorized to carry out conformance tests and the survey and certification of the compliance of ships with the provisions of regulation V/19-1 and the Revised performance standards; and .2 Recognized Organizations which may be authorized to survey and certify the compliance of the ships entitled to fly their flag with the requirements of regulation V/19-1 and the Revised performance standards, relevant instructions including information in relation to the ASPs they have recognized, and thereafter should, without undue delay, update the information provided.
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7.1.2 Administrations should, as soon as possible and well before 31 December 2008, provide to the LRIT Data Centre they have decided to use the information specified in paragraph 15.2 of the Revised performance standards in relation to the ships which are entitled to fly their flag.
7.1.2.1 However, in doing so Administrations should note that in simplified terms regulation V/19-1.4.1 specifies that ships constructed on or after 31 December 2008 shall transmit LRIT information as from the date they enter service and for ships constructed before 31 December 2008 provides a phased-in implementation schedule which is dependent, inter alia, on the date on which the first survey of the radio installation of the ship becomes due after 31 December 2008 and in the case of ships which operate exclusively in sea area A4 after 1 July 2009. Thus for ships constructed before 31 December 2008:
.1 other than those operating exclusively within sea area A4, the phased-in implementation would end on 31 December 2009. However, in such cases if the Contracting Government is also a State Party to the 1988 SOLAS Protocol the phased in implementation would end on 31 March 2010; and
.2 operating exclusively within sea area A4, the phased-in implementation would end on 1 July 2010. However, in such cases if the Contracting Government is also a State Party to the 1988 SOLAS Protocol the phased-in implementation would end on 1 October 2010.
7.1.2.2 As a result, for ships constructed before 31 December 2008, Administrations may opt, subject to the arrangements to be agreed with the LRIT Data Centre concerned, to provide the information specified in paragraph 15.2 of the Revised performance standards in stages at agreed periodical intervals which ensure that the centre is provided with the information in a timely manner. During the initial implementation of the LRIT system such an arrangement may prove to be beneficial for the Administration and the centre concerned especially if a large number of ships are involved or ships are likely to be transferred to the flag of another Contracting Government or another State during the period of the phased-in implementation.
7.1.3 Subject to the provisions of paragraph 7.1.2.2, Administrations are advised to provide the information specified in paragraph 15.2 of the Revised performance standards to the ASPs they recognize within the framework of the Revised performance standards, and to the ASPs they have authorized to carry out conformance tests. The ASPs, in order to provide the required services, may require additional information for example the shipborne equipment identifier for each of the ships which will be transmitting LRIT information through them to an LRIT Data Centre or other technical details of the shipborne equipment to be used for the transmission of LRIT information. In such cases the Administration should either provide the required information or should direct Companies operating ships entitled to fly its flag to provide to the ASPs the relevant information.
7.1.4 Administrations should comply at all times with the provisions of paragraphs 15.3 to 15.5 of the Revised performance standards and should communicate to the LRIT Data Centre and to ASPs concerned the related information in a timely manner.
7.1.5 The communication of information by an Administration to Recognized Organizations acting on its behalf in relation to matters which fall within the scope of the provisions of paragraphs 15.3 to 15.5 of the Revised performance standards is outside the scope of this guidance and remains subject to the arrangements agreed between the Administration and the Recognized Organizations concerned.
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7.1.6 Administrations should provide to Recognized Organizations acting on its behalf relevant instructions in relation to the survey and certification of ships which are entitled to fly their flag.
7.2 Transfer of flag
7.2.1 Contracting Governments should have in place directions to Companies which plan to transfer a ship they operate to its flag which ensure that they are promptly advised by the Companies concerned when a ship is to be transferred.
7.2.1.1 In such cases the Contracting Government concerned should provide to the LRIT Data Centre and to the ASP concerned the information specified in paragraphs 15.2 and 15.4 of the Revised performance standards in a timely manner so as to enable the integration of the ship into the LRIT system and the survey and certification of its compliance.
7.2.2 Administrations should have in place directions to Companies operating ships entitled to fly their flag which ensure that they are promptly advised by Companies when a ship entitled to fly their flag is to be transferred to the flag of another Contracting Government or another State or when the ship is to be taken permanently out of service.
7.2.2.1 In such cases the Administration concerned should promptly provide to the LRIT Data Centre and to the ASP concerned the information specified in paragraph 15.5 of the Revised performance standards.
7.2.2.2 In cases where a ship is to be transferred to the flag of another Contracting Government, the Administration concerned should promptly issue the required direction so as to ensure the timely decommissioning of the shipborne equipment and thus enable the ship concerned to commence transmitting LRIT information to the LRIT Data Centre which has been identified by the Contracting Government whose flag the ship will be entitled to fly.
8 Contracting Governments
8.1 Communication of information to the Organization
8.1.1 Contracting Governments should, as soon as possible and well before 31 December 2008, communicate to the Organization and enter into the LRIT Data Distribution Plan the required information so as to enable the establishment and operation of the LRIT system and thereafter should, without undue delay, update the information provided as and when changes occur so as to enable the continuous efficient functioning of the LRIT system.
8.1.1.1 The information to be communicated to the Organization are those specified in regulation V/19-1.8.2 and paragraphs 5.2, 8.1 or 8.2, 8.3.2, 11.2 and 16.1.1 of the Revised performance standards. However, the information required in paragraphs 11.2.2 of the Revised performance standards should be entered in the LRIT Data Distribution Plan either manually or by uploading the relevant files in GML format as specified in the Technical specifications for the LRIT Data Distribution Plan.
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8.1.2 Contracting Governments should, as soon as possible and well before 31 December 2008, communicate to the Organization a list with the names and contact details of the authorized testing ASPs6 together with any associated conditions of authorization and thereafter should, without undue delay, update the Organization as changes occur.
8.1.3 Subject to the provisions of the statutes of the Contracting Government concerned all communications of information to the Organization should originate from the Head of the Ministry or Department of Foreign or External Affairs or equivalent; or the Head of the Ministry or Department of Transport or Communications or equivalent if under the statutes of the Contracting Government concern is designated as the competent or appropriate authority for matters relating to the Convention7; or the Head of the Ministry or Department or Agency which under the statutes of the Contracting Government concern is designated as the competent or appropriate authority for matters relating to the Convention, or by the Diplomatic Mission of the State concerned based in the United Kingdom or accredited to the Government of the United Kingdom of Great Britain and Northern Ireland; or by the Permanent Mission of the Member State concerned to Organization, if such a mission exists.
8.1.4 All communications of information should be addressed and send to:
The Secretary-General International Maritime Organization 4 Albert Embankment London SE1 7SR United Kingdom
Facsimile number: + 44 20 7587 3210 E-mail address: info@imo.org (with copy to e-mail address : LRIT@imo.org)
8.1.5 The communication of information may be in the form of a signed and sealed letter or in case it originates from Ministry or Department of Foreign or External Affairs or equivalent or a Diplomatic or Permanent Mission it may be in the form of a note verbale.
8.1.6 Subject to the practice of the Contracting Government concerned in relation to communicating information to the Organization or the Secretary-General in his capacity as the Depository for Convention, the communication of information should follow as much as is practically possible the models provided in the Appendix 1.
8.1.7 In addition, Contracting Governments should update the information they communicated to the Organization pursuant to the provisions of regulation XI-2/13 and the information they have provided in response to COMSAR/Circ.27 on Data format for new SAR.2 and SAR.3 circulars concerning information on current availability of SAR services, or in case they have not provided such information to do so.
6 Refer to MSC.1/Circ.1296 on Guidance on the survey and certification of compliance of ships with the requirement to transmit LRIT information. 7 Convention means a Contracting Government to the International Convention for the Safety of Life at Sea, 1974, as amended.
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8.1.8 The Contracting Governments have agreed that the LRIT system should use simplified geographical areas8 when processing requests for the provision of LRIT information pursuant to the provisions of regulation V/19-1.8.1. The agreed caveats to be posted on the LRIT Data Distribution Plan are set out in the Appendix 2.
8.2 Instructions to LRIT Data Centres in relation to the LRIT information requested
8.2.1 Contracting Governments should as soon as possible and well before 31 December 2008, provide to the LRIT Data Centres they are establishing or the services of which they will be using instructions in relation to the LRIT information they wish to receive taking into account the provisions of regulation V/19-1.8.1 and paragraphs 16.2 to 16.4 of the Revised performance standards and thereafter should update the instructions as the need arises.
8.3 Settlement of financial obligations
8.3.1 Each Contracting Government should settle its financial obligations vis--vis the LRIT Data Centres which provide to it LRIT information in a timely manner in accordance with the arrangements they have agreed.
8.3.2 Contracting Governments should use the designated national point(s) of contact for LRIT-related matters communicated to the Organization, as the first point of contact when initiating discussions with a view to concluding relevant agreements with other Contracting Governments in relation to the settlement of financial obligations.
9 Companies
9.1 Survey and certification of compliance of ships
9.1.1 Companies, with a view to ensuring the timely compliance of the ships they operate with the provisions of regulation V/19-1, should make the necessary arrangements for the conduct of the conformance tests set out in MSC.1/Circ.1296 on Guidance on the survey and certification of compliance of ships with the requirement to transmit LRIT information well ahead of the date on which the survey of the radio installation, which determines the date on which the ship is required to comply with the provisions of regulation V/19-1, becomes due.
9.1.2 Such an approach would enable the Companies to identify whether the shipborne equipment is capable of transmitting LRIT information and if not to make the necessary arrangements for the rectification of any hardware or software deficiencies.
9.1.3 The conformance tests should be conducted by the ASPs which the Administration has recognized within the framework of the Revised performance standards and through which the ship will be transmitting LRIT information to the LRIT Data Centre identified by the Administration or the ASPs they have authorized to carry out conformance tests.
8 The related guidance and associated constraints are specified in section 5 of part I of the Technical specifications for the LRIT Data Distribution Plan which are set out in the annex to MSC.1/Circ.1259 on Interim revised technical specifications for the LRIT system.
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9.2 Transfer of flag
9.2.1 When a ship operated by the Company is to be transferred to the flag of another Contracting Government, the Company should:
.1 promptly provide to the Administration the information specified in paragraph 15.5 of the Revised performance standards so as to enable the Administration to provide to the LRIT Data Centre and the ASP the required information in a timely manner;
.2 promptly provide to the Contracting Government to whose flag the ship would be transferred the information specified in paragraphs 15.2 and 15.3 of the Revised performance standards so as to enable the Contracting Government to provide to the LRIT Data Centre and the ASP the required information in a timely manner; and
.3 settle all outstanding or pending matters so as to enable the timely decommissioning of the shipborne equipment and enable the ship concerned to commence transmitting LRIT information to the LRIT Data Centre which has been identified by the Contracting Government whose flag the ship will be entitled to fly.
9.2.2 When a ship operated by the Company is to be transferred to the flag of another State or when the ship is to be taken permanently out of service, the Company should promptly provide to the Administration the information the Administration has specified so as to enable the Administration concerned to provide to the LRIT Data Centre and the ASP the required information in a timely manner.
10 Port State Notice of Arrival
10.1 Administrations wishing to engage in verifications of Notices of Arrival tendered by ships entitled to fly their flag to a port State in order to enable the port State concerned to initiate the process of tracking a specific ship proceeding to its port, should instruct the ships entitled to fly their flag to transmit a copy of the Notice of Arrival they tender to a port State to the LRIT Data Centre to which the ship is transmitting LRIT information. In this manner it would be up to each Administration, if it so wished, to validate the requests of any Contracting Government for the provision of LRIT information as a port State.
11 Ship not transmitting due to outside failure of the LRIT system
11.1 When the LRIT information transmitted by a ship cannot be received by those entitled to receive such information, for example a Contracting Government as a port State, due to a failure or a situation outside the control of the ship, for example:
.1 due to a failure of the CSP or the ASP or of the LRIT Data Centre; or
.2 because the Administration has not made the/any necessary arrangements; or
.3 because the LRIT Data Centre to which the ship is transmitting LRIT information is declining to provide the requested LRIT information to the LRIT Data Centre it is requesting them due to their financial disputes,
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in view of the fact that the failure or the situation is outside of the control of the ship, Contracting Governments should not impose sanctions on the ship because they are unable to receive LRIT information transmitted by the ship.
11.2 As matters are beyond the control of the ship, no grounds arise for either delaying or detaining the ship pursuant to the provisions of regulations I/19 and V/16 as long as the Conformance test report and related radio certificate are valid. However, it is possible that a Contracting Government, unaware of the circumstances, might decide to impose control measures or steps pursuant to regulation XI-2/9. To avoid such action it would be advisable for the ship to notify the port State of the situation. However, for doing so the ship needs to be made aware of the failure of the system or the circumstances involved. Those causing the failure of the system or those involved in the prevailing situation should advise the ship accordingly if the duration of the failure is expected to exceed, for example 6 hours, and when the ship was being polled or is providing information on demand. Administrations should consider the issue and determine the maximum duration of such failure beyond which the ship would need to inform the Contracting Governments concerned.
11.3 The question of imposition of any sanctions under the laws of the Contracting Government is an internal issue for the Contracting Government concerned. However, it is expected that Contracting Governments concerned should show a reasonable understanding of the circumstances.
12 Ship undergoing repairs, modifications or conversions in dry-dock or in port or laid up for a long period
12.1 Paragraph 4.4.1 of the Revised performance standards provides that when a ship is undergoing repairs, modifications or conversions in dry-dock or in port or is laid up for a long period, the master or the Administration may reduce the frequency of the transmission LRIT information to one transmission every 24-hour period, or may temporarily stop the transmission of such information.
12.2 Administrations should issue instructions to masters of ships entitled to fly their flag in relation whether they are authorized, and if so under what circumstances and on how they are able, to reduce, pursuant to the provisions of paragraph 4.4.1 of the Revised performance standards, the frequency of the transmission LRIT information or to temporarily stop the transmission of such information when a ship is undergoing repairs, modifications or conversions in dry-dock or in port or is laid up for a long period.
12.3 It should be noted that, depending on the duration of the suspension of the transmission of LRIT information, the apparent savings to be realized may be less than the cost and charges incurred as a result of consequence in terms of communication services.
12.4 It is highly advisable that, instead of suspending the transmission of LRIT information, to reduce the transmission rate to one every 24 hours and thus also leave the ship integrated in the LRIT system.
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Appendix 1
MODEL OF LETTER FOR COMMUNICATION OF INFORMATION
Guidance notes
1 The model letter provided below has been developed for use by Contracting Governments establishing National LRIT Data Centres.
2 Contracting Governments establishing Regional or Cooperative LRIT Data Centres may modify accordingly the model letter provided below and should consult with the Secretariat to this end.
3 The part of model letter provided below relating to the communication of information in relation to authorized testing ASPs may be in a separate communication and the model may be used by all Contracting Governments irrespective of the LRIT Data Centre they will be establishing or using.
4 Contracting Governments not establishing LRIT Data Centres but using the services of centres established by other Contracting Governments may modify accordingly the model provided below and should consult with the Secretariat to this end.
5 Contracting Governments may opt to communicate in the first instance the names and contact details of the designated national point of contact for communications in relation to matters pertaining to LRIT-related matters and of his/her alternates, if any. In such cases, the designated national point of contact should communicate the rest of the required information using the model provided below by modifying it accordingly and before doing so should consult with the Secretariat.
6 Contracting Governments are advised that the designated national point of contact would be issued with the required user name and password for access to the LRIT Data Distribution Plan and would be able to activate at any time thereafter the part of the plan which pursuant to the provisions of regulation V/19-1.9.1 would indicate to all Contracting Governments that the Contracting Government who has designate him/her as the national point of contact has decided that LRIT information about ships entitled to fly its flag shall not be provided pursuant to the provisions of regulation V/19-1.8.1.3 to one or several of the Contracting Governments. It would also be able, at any time thereafter, to amend, suspend or annul such actions. It is the responsibility of the Contracting Governments to issue appropriate instructions in this respect to those they would be designating as national points of contact and to monitor and supervise their action.
7 Contracting Governments should consult with the Secretariat as far as the communication of information in relation to non-metropolitan territories to which the application of the Convention has been extend or special administrative regions in which the Convention applies.
MSC.1/Circ.1298 ANNEX Page 13
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Model letter
<insert date>
The Secretary-General International Maritime Organization 4 Albert Embankment London SE1 7SR United Kingdom
Your Excellency,
I have the honour to refer to the provisions of regulation V/19-1 of the International Convention for the Safety of Life at Sea, 1974, as amended, on Long-range identification and tracking of ships, and to the provisions of the Revised performance standards and functional requirements for the long-range identification and tracking of ships adopted by resolution MSC.263(84) and I wish to inform you that the Government of <insert name of State> has designated as the national point of contact for communications in relation to matters pertaining to long-range identification and tracking of ships:
<insert title, first name and family name or surname of official> <insert position or functional title> <insert ministry, department, agency, authority or organization where is employed> <insert office address> <insert postal address, if other than office address> Telephone number: <insert country code, area code and number> [Outside office hours][Mobile] telephone number: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address>
[and as the alternate national point of contact for communications in relation to matters pertaining to long-range identification and tracking of ships:
<insert title, first name and family name or surname of official> <insert position or functional title> <insert ministry, department, agency, authority or organization where is employed> <insert office address> <insert postal address, if other than office address> Office telephone number: <insert country code, area code and number> [Outside office hours][Mobile] telephone number: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address>]
The aforesaid official(s) [has][have] been duly authorized to communicate all further information required [, including the names and contact details of any official(s) who may be appointed as their successor(s)].
MSC.1/Circ.1298 ANNEX Page 14
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The Government of <insert name of State> has decided to establish a National LRIT Data Centre [, which will be operated on behalf of the Government of <insert name of State> by <insert the registered name of the legal entity which has been contracted to establish and operate the LRIT Data Centre>,]. The contact details of centre are:
<insert address of the centre or the operator> <insert postal address, if other than the address provided above> Telephone number: <insert country code, area code and number> 24-hour telephone number9: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address> URI: <insert Uniform Resource Identifier>
The person in charge of the aforesaid centre is:
<insert title, first name and family name or surname> <insert position or functional title> Telephone number: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address>
[The Government of <insert name of State> has agreed that its National LRIT Data Centre will be also providing services to the Government (s) of <insert names of State to which the LRIT Data Centre will be providing services>.]10
The Government of <insert name of State> has recognized as Application Service Provider working with its National LRIT Data Centre:
<insert registered name of recognized Application Service Provider> <insert office address> <insert postal address, if other than office address> Telephone number: <insert country code, area code and number> 24-hour telephone number11: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address>
under the following conditions <insert conditions under which the recognition has been granted e.g., conditions which the Application Service Provider which is required to meet and which need to be known by other Contracting Government and information on whether it is authorized to conduct conformance testing only and submit its results for the issue of the related Conformance test report by the Government of <insert name of State> or to conduct conformance testing and issue the related Conformance test reports on behalf of the Government of <insert name of State>>.
9 If other than the telephone number. 10 Refer to paragraphs 8.3.2 and 16.1.1 of the Revised Performance standards. 11 If other than the telephone number.
MSC.1/Circ.1298 ANNEX Page 15
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I have [also] the honour to refer to the provisions MSC.1/Circ.1296 on Guidance on the survey and certification of compliance of ships with the requirement to transmit LRIT information and I wish to inform you that the Government of <insert name of State> has authorized the following as Application Service Providers to act on its behalf as testing Application Service Providers as defined in aforesaid circular:
{for each authorized testing Application Service Provider please provide the following information}
<insert registered name of authorized testing Application Service Provider> <insert office address> <insert postal address, if other than office address> Telephone number: <insert country code, area code and number> 24-hour telephone number12: <insert country code, area code and number> Facsimile number: <insert country code, area code and number> E-mail address: <insert address>
under the following conditions <insert conditions under which the authorization has been granted, e.g., to conduct conformance testing only and submit its results for the issue of the related Conformance test report by the Government of <insert name of State> or to conduct conformance testing and issue the related Conformance test reports on behalf of the Government of <insert name of State>>.
<signature and official seal (if necessary)> <insert title, first name and family name or surname of official> <insert position or functional title>
12 If other than the telephone number.
MSC.1/Circ.1298 ANNEX Page 16
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Appendix 2
CAVEATS TO BE POSTED ON THE LRIT DATA DISTRIBUTION PLAN
The Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 as amended (the Convention) have agreed, solely for the convenience and the efficient functioning of the LRIT system and in order to enable the provision of the LRIT information they are entitled to request and receive, that, in lieu of providing precise geographical coordinate points defining waters landward of the baselines and/or the territorial sea they have established in accordance with international law, to provide instead simplified approximations of waters on the landward side of the baselines which are navigated by ships which are required to comply with the provisions of regulation V/19-1 of the Convention and of the territorial sea and of their coastlines.
The geographical information provided in the LRIT Data Distribution Plan are unilateral declarations of the Contracting Governments to the Convention (Contracting Governments) concerned and have been entered or uploaded by Contracting Governments themselves or have been entered or uploaded by the Secretariat on the expressed request of the Contracting Government concerned.
The geographical information so provided does not imply any right or obligation of individual Contracting Government other than for the sole purpose of complying with provisions of regulation V/19-1 of the Convention. Their use by the LRIT system does not constitute any form of recognition or acceptance by the other Contracting Governments.
The geographical information provided shall not be interpreted or considered as supporting or prejudicing the position of Contracting Governments in relation to land or maritime claims or land or maritime sovereignty disputes.
The Contracting Governments have further agreed that none of the data or information provided in relation to the geographical areas defined in the LRIT Data Distribution Plan shall prejudice the rights, jurisdiction or obligations of States under international law, in particular relating to, the continental shelf, the legal regimes of the high seas, the exclusive economic zone, the contiguous zone, the territorial seas, internal waters or the straits used for international navigation and archipelagic sea lanes.
The International Maritime Organization is making available through the LRIT Data Distribution Plan server the geographical information provided by the Contracting Government at their request and this does not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Maritime Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
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