Annex, Code, Convention And Protocol
Annex, Code, Convention And Protocol
The above stand out as the most confusing among the myriads of ship terms and definitions. Let us look at what each one stands for.
Convention : a formal treaty between signatory states to comply with various aspects governed by the agreement, which forms the basis of the treaty. IMO must first adopt conventions before member states can ratify them.
E.g. SOLAS Convention, MARPOL Convention, Loadline Convention, Maritime Labour Convention etc.
In merchant shipping, a Convention is binding on all member states only if it has formally been adopted by IMO and then ratified by member states. The rules for adopting conventions (tacit and active acceptance) are not in the scope of this article.
Protocol: A protocol is a supplementary treaty which modifies a Convention. It is a treaty that supplements or adds to a pre-existing convention. Instead of bringing out a new convention altogether, it is easier to enhance the convention using a protocol.
E.g. MARPOL 73/78 stands for The International Convention for the Prevention of Pollution from Ships which was formalised in 1973 and modified by the Protocol of 1978. The combined convention did not come into force until 1983 due to a lack of ratifications.
Code: A Code is part of a Convention and contains various technical details of essential aspects of the Convention. In other words, a code assists in elaborating the contents of the convention. It forms a part of a convention and cannot exist as a standalone regulation.
E.g., the ISPS Code (International Ship and Port Facility Security Code) is part of the SOLAS convention, and LSA and FSS Codes also form parts of the same conventions.
Annexe: An Annex is also a part of a convention which is introduced after the convention has been formalised. An annexe to a convention adopted by IMO has to be separately ratified by the member states to become legally binding on all member states.
E.g., MARPOL presently has six annexes, all of which have been ratified by member states at various intervals since the convention first came into force.