MARINE NOTICE 12 / 2009:
Entry into force of SOLAS Regulation VI/5-1 Material Safety Data Sheets (MSDS)
The purpose of this Marine Notice is to advise shipowners and operators of arrangements of SOLAS Regulation VI/5-1 which entered in to force on 1 July 2009.
This Marine Notice includes additional information to address specific industry questions about the entry into force of this SOLAS Regulation by virtue of amendments to Marine Orders Part 21 “Safety of Navigation and Emergency procedures”.
SOLAS Regulation VI/5-1 Material safety data sheets
SOLAS Regulation VI/5-1, adopted by IMO Resolution MSC.239 (83), will enter into force on 1 July 2009. The regulation requires ships carrying MARPOL Annex I cargoes and marine fuel oils to be provided with a material safety data sheet prior to the loading of such cargoes or fuel oil, based on the format developed by IMO under the cover of Resolution MSC.286(86). The list of oils to which this new regulation is applicable can be found in Appendix I to Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL), and includes crude oil, diesel oil, fuel oils and gasoline.
Marine Orders Part 21. Issue 6
Marine Orders Part 21 has been recently amended to give effect to SOLAS Regulation VI/5-1. The following new provision has been inserted, which came into force on 1 July 2009:
31A Material Safety Data Sheets
In relation to SOLAS regulation VI/5-1 ships carrying oil or fuel oil, as defined in regulation 1 of Annex 1 of MARPOL must be provided with material safety data sheets, based on the recommendations developed by the IMO, prior to the loading of such oil as cargo in bulk or bunkering of oil fuel.
The recommended format developed by IMO is, in part, based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), which has not yet been implemented in Australia. Until GHS is implemented in Australia, AMSA will accept as consistent with the IMO recommendations an MSDS that complies with the Australia National Code of Practice during any inspection undertaken by AMSA. Similarly, for the purposes of port State control undertaken in Australia where a ship has loaded oil or bunkers in an overseas port, an MSDS which conforms to the intent of resolution MSC.286(86) from the country of origin of the cargo or bunkers will be accepted.
The amended Marine Orders Part 21 is available at www.amsa.gov.au
Mick Kinley
A/g Chief Executive Officer
2 July 2009
Australian Maritime Safety Authority
GPO Box 2181
CANBERRA ACT 2601
File No: 2009/420