Shaping the future of safe Arctic shipping: An interview with IMO Consultant Michael Kingston

How does the Polar Code contribute to safe Arctic shipping?

In 2009, IMO adopted recommendatory ‘Guidelines for ships operating in polar waters’. However, following a number of high-profile incidents, the need to develop mandatory requirements was recognized and IMO developed the Polar Code. The Polar Code applies to vessels of 500 gross tonnage and above, newbuilds from January 2017 and existing vessels from January 2018. Much support was given by Arctic States in this process.

The Polar Code has come into force by way of amendments to the three cornerstone IMO conventions, namely the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from Ships (MARPOL), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW).

The Polar Code is comprised of two parts that include mandatory and recommendatory sections that take into account the unique risks associated with operating in the polar regions including varying ice types, low temperatures, high latitude, remoteness, severe weather, limited charting, the pristine environment, and lack of training.

Part I addresses safe design, construction, operation of vessels, and emergency equipment and procedures. It entered into force under SOLAS Chapter XIV. It also describes the enhanced training and certification requirements for crew members working on polar ships, the provisions of which enter into force under STCW.

Part II addresses environmental protection with significant requirements for pollution prevention in the way oil, garbage and sewage is dealt with. It enters into force under MARPOL.

The Code principally applies above 60 degrees north and below 60 degrees south. To operate a vessel in this area, it’s now necessary to have a Polar Ship Certificate and to carry a Polar Waters Operational Manual detailing how the ship and crew will deal with the conditions in accordance with the additional SOLAS, STCW and MARPOL requirements. As the Polar Code is built on top of these existing IMO conventions, port state control can leverage existing compliance and enforcement capabilities.

You were involved in the launch of the Arctic Shipping Best Practice Information Forum. Can you discuss why this forum was created under PAME/the Arctic Council?

It is of paramount importance that decision-makers have a common understanding of the Polar Code in order to ensure robust application. Operators, flag states, insurers, financial institutions and port state control need to understand the requirements.

This includes developing a thorough understanding of the operating environment so that all parties involved have a better understanding of the industry standards and the best information available to ensure best practices are used. Major effort is required to help in this process.

In 2017, PAME established the ‘Arctic Shipping Best Practices Information Forum’ to support the implementation of the Polar Code. It was established following lobbying by industry, particularly the Insurance industry in London, who identified PAME as the appropriate Working Group given PAME’s work on safe and environmentally friendly shipping issues. As activity in the Arctic was increasing in 2012, Lloyd’s, an insurer, published its instrumental report, “An Arctic Opening: Opportunity and Risk in the High North,” which made several recommendations to reduce risk in Arctic operations. The Forum was achieved through acting on the report’s recommendations.

What are the main themes the Forum addresses, and how does it contribute to the implementation of the Polar Code?

The Forum aims to identify all the best information in existence on a cross-jurisdictional basis in the themes of hydrography, meteorology, ice data, crew training, search and rescue logistics, communication, recommended industry guidelines, traditional and local knowledge, ecological knowledge, and operational understanding of ship equipment, systems and structure. This information assists in properly preparing a Polar Waters Operational Manual so that only then will a Polar Ship Certificate be issued. This information is hosted on a web portal run by PAME, which is publicly available.

Who takes part in the Arctic Shipping Best Practice Information Forum?

Forum Participants include Arctic States, Permanent Participants and Arctic Council Observers as well as any widely-recognized professional organizations dedicated to improving safe and environmentally sound marine operations in the Arctic as demonstrated by expertise and experience in Arctic shipping and/or related issues.

The Forum has met several times since 2017, and has been a huge success where industry, governments, the research community, Indigenous Peoples, NGOs and international regulators have worked together to highlight the Polar Code requirements and the best information required for its implementation. IMO, for example, has been an active participant in this international and leading approach to the implementation of regulation since its inception, a collaboration with the Arctic Council which deepened following IMO gaining Arctic Council Observer status in May 2019. The success of the Forum is also recognized through participation by some of the Antarctic States. The Forum is a true collaboration of all interested parties in safe and environmentally friendly Artic shipping, as can be seen from the list of Participants.

What types of issues have evolved over the years since the Forum’s establishment?

In relation to the safety and environmental issues that the Forum aims to address, Participants highlight issues of concern at each Forum, which are then reflected in the subsequent agenda for the following Forum. Additionally, the web portal is regularly updated with information provided by Participants, which evolves on a continual basis helping inform decision making for safe and environmentally friendly Arctic shipping.

In 2025 the IMO will host the Polar Maritime Seminar. Could you share the purpose of this seminar and what we can look forward to?

IMO as an active Observer of the Arctic Council has continued to contribute to the work of the Arctic Council, particularly PAME, and has recognized the importance of cross–collaboration with the Antarctic. Accordingly, IMO convened a Polar Maritime Seminar in 2022 working closely with Arctic States and interested parties, as well as Antarctic States. Building on the success of this cross- collaborative approach, IMO will host a further Polar Seminar on 23-24 January 2025, co-sponsored by Norway as Chair of the Arctic Council, supported by PAME. The main topics on the draft agenda at present include safety issues such as trends in Arctic and Antarctic vessel activity, voyage planning, the PAME project ‘Review of the Polar Operational Limit Assessment Risk Indexing System (POLARIS)’, search and rescue and training of seafarers for polar operations, and fishing vessel safety. Also on the draft agenda are important pollution concerns in the polar regions including, underwater noise, low sulphur fuels, black carbon from ships, plastics pollution, arrangements for port reception facilities, and issues surrounding invasive species. Many of these issues on the draft agenda are part of active PAME projects.

For any questions about the Forum or the IMO Polar Maritime Seminar, please reach out to hjalti@pame.is or michaelkingston@michaelkingston.org.

Michael Kingston, based in London, is an Irish lawyer from Goleen, Co Cork, Ireland, and comes from a long family history of fishing and merchant seafaring. He was awarded Lloyd’s List Global Maritime Lawyer of the Year for his contribution to safety of life at sea in the Polar regions in relation to risk and regulation as the Polar Code was being finalized. Michael has advised several Governments and international organizations, and he represents the IMO on PAME’s 2023-2025 project led by Iceland, Spain, and IMO: ‘Raising awareness in the Arctic Council of the provisions of the 2012 Cape Town Agreement for the Safety of Fishing Vessels’, as well as PAME’s ‘POLARIS Review Project’.