10 Japanese Law and Policy on Marine Environment Protection …
185
10.2.4 Class NK and IACS Activities
A classification society is a non-governmental organisation (NGO) that contributes to
the establishment and compliance of rules and standards on the design and construction of ships, including standards that are related to the conservation and protection of
maritime environments.
36 Originally, they were established to guarantee the quality
of vessels for insurance companies who do not have sufficient knowledge to evaluate
vessels but lose money if a ship is not maintained to the expected conditions. Therefore, to facilitate transactions between insurance companies and shipping companies, classification societies were established.
37 While these classification societies
are individually established in maritime States, some of them belong to the IACS
and follow unified international regulations.
38 Historically, the IACS has worked
closely with the IMO, and recently they have addressed environmental issues collaboratively. For example, in adding Chap. 4 as an amendment to the Annex of the
1997 MARPOL Protocol, the IMO relies heavily on the IACS. In this new chapter,
the Energy Efficiency Design Index (EEDI) is mandatory for all ships of 400 gross
tonnage and above.
39 To elucidate this EEDI, the IACS ‘has developed its own
procedural requirements and guidelines to calculate and verify the EEDI.’
40
Under Article 94 of the UNCLOS, it is the flag State that has the primary obligation
to make ships comply with international standards and regulations.
41 However, it is
36 According to Annex 4 of the International Association of Classification Societies (IACS) Charter,
a classification society is defined as an organization which:
(i) publishes its own classification rules (including technical requirements) in relation to the
design, construction, and survey of ships1, and has the capacity to (a) apply, (b) maintain and
(c) update those rules and regulations with its own resources on a regular basis;
(ii) verifies compliance with these rules during construction and periodically during a classed
ship’s service life;
(iii) publishes a register of classed ships;
(iv) is not controlled by, and does not have interests in, ship-owners, shipbuilders or others engaged
commercially in the manufacture, equipping, repair or operation of ships; and
(V) is authorized by a Flag Administration as defined in SOLAS Chapter XI-1, Regulation 1
and listed accordingly in the IMO database, Global Integrated Shipping Information System
(GISIS).
37 Hiroshi Iwakiri, ‘Classification Societies’ Regulations’, Journal of the Marine Engineering
Society in Japan, Vo1.29, No.6 (1994), p. 396 (in Japanese).
38 Thomas Mensah, ‘Maritime Safety Regulations’, in R Wolfrum (ed), Max Planck Encyclopedia
of Public International Law, Vol. VI (2012), p 1134.
39 Amendments to MARPOL Annex VI on Regulations for the Prevention of Air Pollution from
Ships by Inclusion of New Regulations on Energy Efficiency for Ships, Adopted on 15 July 2011,
(MEPC 62/24/Add.1), pp. 3–14.
40 Ismael Cobos Delgado, ‘The IMO: The Role of the Classification Societies in Promoting Global
Ocean Governance’ in David Joseph Attard, Donald W. Greig, and Rosalie P. Balkin (eds.), The
IMLI Treatise on Global Ocean Governance: IMO and Global Ocean Governance (2018), p. 278.
41 Douglas Guilfoyle, ‘Article 94: Duties of the Flag State’, in Alexander Proelss (ed), United Nations
Convention on the Law of the Sea: A Commentary (2017), p. 709.
185
10.2.4 Class NK and IACS Activities
A classification society is a non-governmental organisation (NGO) that contributes to
the establishment and compliance of rules and standards on the design and construction of ships, including standards that are related to the conservation and protection of
maritime environments.
36 Originally, they were established to guarantee the quality
of vessels for insurance companies who do not have sufficient knowledge to evaluate
vessels but lose money if a ship is not maintained to the expected conditions. Therefore, to facilitate transactions between insurance companies and shipping companies, classification societies were established.
37 While these classification societies
are individually established in maritime States, some of them belong to the IACS
and follow unified international regulations.
38 Historically, the IACS has worked
closely with the IMO, and recently they have addressed environmental issues collaboratively. For example, in adding Chap. 4 as an amendment to the Annex of the
1997 MARPOL Protocol, the IMO relies heavily on the IACS. In this new chapter,
the Energy Efficiency Design Index (EEDI) is mandatory for all ships of 400 gross
tonnage and above.
39 To elucidate this EEDI, the IACS ‘has developed its own
procedural requirements and guidelines to calculate and verify the EEDI.’
40
Under Article 94 of the UNCLOS, it is the flag State that has the primary obligation
to make ships comply with international standards and regulations.
41 However, it is
36 According to Annex 4 of the International Association of Classification Societies (IACS) Charter,
a classification society is defined as an organization which:
(i) publishes its own classification rules (including technical requirements) in relation to the
design, construction, and survey of ships1, and has the capacity to (a) apply, (b) maintain and
(c) update those rules and regulations with its own resources on a regular basis;
(ii) verifies compliance with these rules during construction and periodically during a classed
ship’s service life;
(iii) publishes a register of classed ships;
(iv) is not controlled by, and does not have interests in, ship-owners, shipbuilders or others engaged
commercially in the manufacture, equipping, repair or operation of ships; and
(V) is authorized by a Flag Administration as defined in SOLAS Chapter XI-1, Regulation 1
and listed accordingly in the IMO database, Global Integrated Shipping Information System
(GISIS).
37 Hiroshi Iwakiri, ‘Classification Societies’ Regulations’, Journal of the Marine Engineering
Society in Japan, Vo1.29, No.6 (1994), p. 396 (in Japanese).
38 Thomas Mensah, ‘Maritime Safety Regulations’, in R Wolfrum (ed), Max Planck Encyclopedia
of Public International Law, Vol. VI (2012), p 1134.
39 Amendments to MARPOL Annex VI on Regulations for the Prevention of Air Pollution from
Ships by Inclusion of New Regulations on Energy Efficiency for Ships, Adopted on 15 July 2011,
(MEPC 62/24/Add.1), pp. 3–14.
40 Ismael Cobos Delgado, ‘The IMO: The Role of the Classification Societies in Promoting Global
Ocean Governance’ in David Joseph Attard, Donald W. Greig, and Rosalie P. Balkin (eds.), The
IMLI Treatise on Global Ocean Governance: IMO and Global Ocean Governance (2018), p. 278.
41 Douglas Guilfoyle, ‘Article 94: Duties of the Flag State’, in Alexander Proelss (ed), United Nations
Convention on the Law of the Sea: A Commentary (2017), p. 709.