MARINE SAFETY ADVISORY NO. #31-09

To: / Regional Marine Safety Offices, Nautical Inspectors, Masters, Owners/Agents
Subject: / INFORMATION REGARDING NEW SOLAS REGULATION VI/5-1 – MATERIAL SAFETY DATA SHEETS (MSDS) WHEN CARRYING OIL OR OIL FUEL
Date: / 30 June 2009

Please be advised that on 1 July 2009, a new SOLAS regulation enters into force mandating the provision of Material Safety Data Sheets (MSDS) to all ships carrying oil or oil fuel, as defined in MARPOL Annex I, Regulation 1,prior toloading.SOLAS Chapter VI, Regulation 5-1 was adopted at the eighty-third session of IMO’s Maritime Safety Committee and is set forth by resolution MSC.239(83).

It should be borne in mind that this new regulation will have a very broad application – potentially affecting all ships to which the SOLAS Convention appliesthat use oil fuel for propulsion and auxiliary machinery, as well as all ships carrying oil. Therefore, ships to which this new regulation applies should anticipateverification for compliance while at ports or terminals within territories party to the SOLAS Convention.

In an attempt to ensure uniform understanding by Member Governments, the IMO has developed guidance on this issue, in conjunction with editorial amendments to SOLAS Regulation VI/5-1. The guidance is set out by MSC.1/Circ.1303 dated 10 June 2009 (attached at Annex). It should also be noted the amendment to SOLAS Regulation VI/5-1, set forth by resolution MSC.282(86) which takes effect on 1 January 2011,are editorial in nature as embodied in paragraph 3 of MSC.1/Circ.1303, and does not constitute a substantive change to theintent of the regulation as presently worded.

Furthermore, the recommended format of the MSDS, originally suggested through resolution MSC.150(77), has also been revised. The new format recommendations, set forth by resolution MSC.286(86), will take effect and supersede the existing recommendations on 1 January 2011. However the IMO has urged the new format recommendations to be applied as from 1 July 2009 in lieu of the existing recommendations.

It should also be noted, the new regulation and associated guidance documents are silent with regard to which entity is expected to issue the MSDS, or the duration or location for which the MSDS is to be maintained. The current understanding of the Administration is that the MSDS should be issued by the supplier of the product or oil fuel, and maintained onboard the vessel in a location readily accessible by the crew for the duration the product or oil fuel is onboard.

Lastly, the protocol for resolving incidents of non-compliance on the part of the supplier (such as failing to provide an MSDS, or providing an MSDS not in accordance with IMO guidelines) is not presently addressed. In such cases, action that may be taken by PSC against the ship is not known, but some action should be anticipated. It is therefore imperative for operators/Masters to ensure the requisite documentation is in place prior to loading/bunkering. If an MSDS is not provided despite the best efforts of the operator/Master to request or obtain such documentation, details shall be recorded in the ship’s log, and the Administration shall be promptly notified.

ANNEX

MSC.1/Circ.1303

GUIDANCE ON THE PROVISION FOR MATERIAL SAFETY DATA SHEETS WHEN

CARRYING OIL OR OIL FUEL, IN ACCORDANCE WITH

SOLAS REGULATION VI/5-1

1The Maritime Safety Committee, at its eighty-third session, conscious of the need to have mandatory provisions for material safety data sheets in the interest of those working on board ships to have clear, concise and accurate information on the safety and health effects of substances carried on board, adopted new SOLAS regulation VI/5-1 by resolution MSC.239(83).

2The Committee, at its eighty-sixth session, recognizing the fact that the provisions of new SOLAS regulation VI/5-1, which are due to enter into force on 1 July 2009, could benefit from explanation in order to ensure improved understanding and uniform compliance, agreed to provide guidance to those associated with the carriage and handling of oil and oil fuel, as provided in the following paragraph.

3The provisions of SOLAS regulation VI/5-1 stand to indicate that, notwithstanding the provisions of SOLAS regulation VI/1, ships carrying oil or oil fuel, as defined in regulation 1 of Annex I to the International Convention for the Prevention ofPollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, shall be provided with Material Safety Data Sheets, based on the recommendations developed by the Organization[1], prior to the loading of such oil as cargo in bulk or bunkering of oil fuel.

4In order to confirm the above explanation, the Committee, at it eighty-sixth session, adopted amendments to SOLAS regulation VI/5-1 by resolution MSC.282(86).

5Member Governments and entities associated with the carriage and handling of oil as cargoes in bulk and oil fuels, as per the provisions of SOLAS regulation VI/5-1, are invited to take note of the above guidance.

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MSD 001 (11/01)1 of 3MSA No. #31-09

[1]Refer to the Recommendations for Material Safety Data Sheets (MSDS) for MARPOL Annex I oil cargo and oil fuel, adopted by the Organization by resolution MSC.286(86), as may be amended.