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REPORT OF THE MEETING

THIRTY NINETH TRIPARTITE TECHNICAL EXPERTS GROUP

ON SAFETY OF NAVIGATION IN THE STRAITS OF MALACCA AND SINGAPORE

HELD AT BERJAYA LANGKAWI ISLAND RESORT, LANGKAWI MALAYSIA

24 TO 26 SEPTEMBER 2014

1.0 OPENING OF THE MEETING

1.1 The 39th Tripartite Technical Experts Group (TTEG) Meeting on the Safety of Navigation in the Straits of Malacca and Singapore (SOMS) was held from 24 to 26 September 2014 at the Berjaya Resort, Langkawi, Malaysia. 1.2 The Meeting was attended by representatives from the three littoral States: Malaysia, Indonesia, Singapore, and observers from Japan, International Maritime Organization (IMO), International Chamber of Shipping (ICS), Malacca Strait Council (MSC), and the Nippon Foundation. The list of participants appears as Annex 1.

1.3 Mr. Baharin Dato’ Abdul Hamid, Deputy Director General of Malaysia Marine Department officially opened the Meeting and welcomed all Delegates to the 39th Tripartite Technical Experts Group to Langkawi Island. He highlighted the importance of TTEG as a platform for co-operation among the littoral States on issues that impact the Straits of Malacca and Singapore and the TTEG’s positive role in ensuring the success of the Co-operative Mechanism. He also highlighted on the several significant achievements which includes on the adoption of IMO-Routeing System, Mandatory Ship Reporting System (STRAITREP) in year 1981, a Four Nation Joint Re-Survey of Critical Areas and Investigation of Dangerous shoals and wreck and he also highlighted on the Contribution of 400 million Yen to the Revolving Fund for the three littoral States to combat oil spills.

1.4 Mr. Adolf R. Tambunan, Director of Port and Dredging, Directorate General of Sea Transportation, Ministry of Transportation, the Republic of Indonesia as Head of Indonesia Delegation, thanked Malaysia for hosting the meeting. He also noted on the celebration of World Maritime Day and the spirit of it remains same towards a safer navigational and environmental protection of the straits.

39th Tripartite Technical Experts Group on Safety of Navigation in the Straits of Malacca and Singapore 24-26 September 2014

TTEG 39/15 26 September 2014

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1.5 Capt. M. Segar, Assistant Chief Executive (Operations), Maritime and Port Authority of Singapore (MPA), Head of Singapore Delegation, expressed his appreciation to Malaysia for hosting the meeting. He noted that the longevity of this platform reflects the lasting mutual cooperation among the Littoral States of the SOMS to enhance the safety of navigation and marine environment protection in the SOMS.

1.6 Japan and Malacca Strait Council also thanked Malaysia as the host for the meeting and wished for a positive discussion on the implementation of the projects.

2.0 ELECTION OF CHAIRMAN AND VICE-CHAIRMAN

2.1 Mr. Baharin Dato’ Abdul Hamid, Deputy Director General of Marine Department of Malaysia and Capt. M. Segar, Assistant Chief of Executive (Operations), Maritime Port Authority of Singapore, Head of Singapore Delegation were elected as Chairman and Vice-Chairman respectively. 3.0 ADOPTION OF THE AGENDA

3.1 The Meeting considered and adopted agenda that appears as Annex 2.

4.0 BUSINESS ARRANGEMENTS

4.1 The Meeting noted on the business arrangements delivered by the secretariat of the meeting. 5.0 STATUS REPORTS

5.1 Aids to Navigation

5.1.1 The Meeting noted the status reports on AtoN as follows:-

(i) Indonesia:-

a. 49 Indonesian AtoN installed within the Indonesian waters; b. Operated and maintained by 4 Districts of Navigation namely from

North to South: District of Navigation Sabang, District of Navigation Belawan, District of Navigation Dumai and District of Navigation Tanjung Pinang;

c. 28 critical Indonesian AtoN in the Straits started with One Fathom

Bank (OFB) light buoy at entrance point of Traffic Separation

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Scheme (TSS) to Nongsa Island lighthouse at north of Batam Island; d. Batu Berhanti light buoys remain as the most AtoN suffered of hits by

vessel and drifted away and recorded 7 incidents were occurred to the light buoy from January to September 2014;

e. Most incidents were caused by unidentified transiting vessels that hit

the buoy and run without reporting which caused the buoy drift away from its original position and / or damaged.

(ii) Malaysia:-

a. 18 AtoN maintained by Malaysia is located along the TSS in the

SOMS is within Malaysia’s territorial waters; b. Maintenance and replacement work as follow:

- Restoration of Pulau Undan Lighthouse; - Replacement of Tompok Utara Lightbeacon.

(iii) Singapore:-

a. Maintenance of our AtoNs, MPA has scheduled repairs and

maintenance to Bedok and Pulau Pisang Lighthouses; b. 19 navigational beacons are undergoing repairs and maintenance in

the western sector of Singapore waters; c. New initiatives of AtoN are as follow:

- Long-Range LED Lanterns; Bedok and Sultan Shoal lighthouses in 2013 while Raffles Lighthouse would be upgraded by fourth quarter 2014;

- Procurement of 2 units of 3 meter diameter plastic buoys by fourth quarter 2014.

5.2 Marine Casualty Affecting Traffic Movement

5.2.1 The Meeting noted the status reports are as follow:-

(i) Malaysia reported there had been no incident of non-compliance with the

Mandatory Ship Reporting System (STRAITREP) since the 38th TTEG Meeting.

(ii) Singapore reported MV CHELSEA, IMO 8351235, Mongolian Flag. The vessel did not participate in the STRAIREP Rule 1 (1.1.1). The Mongolian

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Flag Administration had been informed.

5.3 Contravention of Rule 10 of Collision Regulation (COLREGs) 5.3.1 The Meeting noted the status reports are as follow:-

(i) Indonesia, as Table 1.

DATE FLAG

VESSEL NAME

CONTRAVENTION TYPE

29 Jan 2014

Panama Navios Koyo Vessel crossed a separation line in violation of Contravention Rule 10.(e)

24 June 2014

Marshall Island

Golar Maria Vessel was observed to have anchored in TSS in violation of Rule 10.(g)

9 July 2014

Liberia Princess Of Seas

Vessel crossed a separation line in violation of Contravention Rule 10.(e)

Table 1: Contravention of Rule 10 of Collision Regulation (COLREGs) at Indonesia for the year 2014

(ii) Malaysia reported there had been no incident of non-compliance with

Rule 10 of the COLREGs since the 38th TTEG Meeting. (iii) Singapore, as Table 2. DATE FLAG NAME

VESSEL CONTRAVENTION TYPE

13 Dec. 2013

Indonesia Istana V Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

22 Dec. 2013

Singapore Red Resources Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

24 Dec. 2013

Mongolia Everton Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

26 Dec. 2014

Indonesia Batang Anai Vessel was observed to have anchored in the Traffic

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DATE FLAG NAME VESSEL

CONTRAVENTION TYPE

Separation Scheme in violation of Rule 10 (g)

2 Jan. 2014

Singapore Honey Jade Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

7 Jan. 2014

Mongolia Everton Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

25 Mar 2014

Indonesia Anggun 1 Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

27 Mar 2014

Mongolia Kaltim Express Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

31 Mar 2014

Republic of Korea

Dongbang EOS Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

17 Apr. 2014

Mongolia Kaida Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

25 Apr. 2014

Mongolia Toledo Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

9 May 2014

Malaysia Arowana Newcastle

Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

9 May 2014

Malaysia Arowana United

Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

14 May 2014

Mongolia Chelsea I Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10d (i)

29 May 2014

Panama Sky Oceanus Vessel was observed to have anchored in the Traffic

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DATE FLAG NAME VESSEL

CONTRAVENTION TYPE

Separation Scheme in violation of Rule 10 (g)

29 May 2014

Panama Sky Tethys Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g)

2 Jun 2014

Malaysia Amadeus Rocks Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g

17 Jun 2014

Mongolia Solo Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g

4 Aug. 2014

Malaysia Silver Moon Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g

4 Aug. 2014

Malaysia SNS Virgo Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g

4 Aug. 2014

Tuvalu KN Capital 1 Vessel was observed to have anchored in the Traffic Separation Scheme in violation of Rule 10 (g

Table 2: Contravention of Rule 10 of Collision Regulation (COLREGs) at Singapore for the year 2014

(iv) IMO urged the littoral States to take immediate action on the

contravention of COLREGs Rule 10, of reporting it to the flag state for investigation and follow up action. IMO also urged littoral States to constantly liaise with the flag state relating to the follow up action taken by them.

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6.0 UPDATE ON PROGRESS OF THE CO-OPERATIVE MECHANISM ON THE SAFETY OF NAVIGATION AND ENVIRONMENTAL PROTECTION IN THE STRAITS OF MALACCA AND SINGAPORE

6.1 Report of 12th and 13th ANF Committee Meeting (By Singapore). The Meeting noted

report from the ANF Committee Secretary:-

(i) Singapore chairs the ANF Committee Meeting (2013 – 2015).

(ii) Singapore hosted 12th and 13th Meeting of the ANF Committee in 2014.

(iii) The ANF Committee Meetings:- - Approved 2014 and 2015 work plan relating to aids to navigation in the

SOMS; - Discussed measures to further enhance effectiveness of the ANF; - Completed review and revision of 10-Year Plan Maintenance Program; - Discussed secretariat’s study proposal on review of aids to navigation in

the SOMS and publicity of the ANF.

6.2 Report of 7th Co-operation Forum (CF):

(i) Malaysia hosted the CF from 22 – 23 September 2014 at Berjaya Resort, Langkawi, Malaysia.

(ii) Officiated by Honorary Dato’ Abdullah Yusoff Basiron, Under Secretary,

Maritime Division, Ministry of Transport Malaysia. (iii) Chaired by Mr. Baharin Dato’ Abdul Hamid, Deputy Director General of

Marine Department Malaysia. (iv) More than 113 participants from the 3 littoral States, 10 user States, 7

organizations and 12 stakeholders from shipping industry attended the CF.

6.3 Report of 7th Project Coordination Committee (PCC):

(i) Malaysia hosted the 7th PCC Meeting from 24 September 2014 at Berjaya Resort, Langkawi, Malaysia. The meeting was chaired by Mr Rossid Musa, Marine Department Malaysia. 79 participants from the 3 littoral States, 6 user States, 5 organizations and 4 stakeholders from shipping industry attended the 7th PCC Meeting.

(ii) Document for 7th CF and 7th PCC available in the Cooperative Mechanism

website, http://202.129.173.62 from 23 September to 22 October 2014. The newly registered Cooperative Mechanism website, http://www.cm-soms.com will be available from 23 October 2014.

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7.0 UPDATES ON THE VOLUNTARY PILOTAGE SERVICES IN SOMS (BY MALAYSIA)

7.1 The Meeting noted Malaysia’s update on Straits Project as presented by Malaysia and the aim of the guidelines is to assist the littoral States to implement the Voluntary Pilotage Services (VPS) in the SOMS. Indonesia informed the Meeting that they had submitted the comments to the draft guidelines for the VPS. 7.2 The Meeting agreed that the Working Group on VPS is not required to be convened in this TTEG Meeting. Further discussion would be carried out intersessionally on the guidelines and related matters on the implementation of the VPS.

7.3 The Meeting agreed that intersessional meeting will be held in Malaysia as the replacement for correspondence group that was impractical means, in early 2015.

8.0 UPDATES ON THE MARINE ELECTRONIC HIGHWAY IN THE SOMS (BY SINGAPORE)

8.1 The Meeting noted the update by Singapore on 6th Marine Electronic Highway (MEH) Working Group Meeting held on 19 – 20 Jun 2014 on two proposals namely; Test-bedding of Real-time UKC Monitoring using AIS Communication on Board Deep Draft Vessels Transiting the SOMS and Hydrographic surveys of the five UKC critical areas in SOMS. 8.2 Both proposals were discussed under Agenda 11, item TTEG 39/11/2 and TTEG 39/11/7 for consideration and approval.

8.3 The Meeting agreed that the Working Group on MEH is not required to be convened in this TTEG Meeting. Further discussion would be communicated through intersessional meeting.

9.0 UPDATES ON THE EMERGENCY TOWING VESSEL (ETV) SERVICES IN SOMS (BY SINGAPORE)

9.1 The Meeting noted that there were 84 casualties over 4 years from 2005 to 2010 comprises of collisions, fire/explosions, foundered and wrecked/stranded. Approximately 70,000 vessels passing through annually with about 33% of global seaborne crude oil moves through the Straits. 9.2 The Meeting noted that, Malaysia has made a proactive step by building multipurpose vessel which will be completed end 2016. The multipurpose vessel also functional to provide assistance during emergency occurrence.

9.3 Issues related were further discussed in Working Group Meeting under Agenda 13.1.

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10.0 MARINE ENVIRONMENT PROTECTION COOPERATION AND INITIATIVES IN THE STRAITS OF MALACCA AND SINGAPORE (BY MALAYSIA)

10.1 The Meeting noted that there is an urgent need to the littoral States to review issues in relation to the marine pollution and actions developed to address the potential increase in pollution levels since the marine environment status in the SOMS.

10.2 The Meeting also noted Malaysia proposed the new agenda on the Marine Environment Protection Cooperation and Initiatives in the SOMS. The meeting agreed to convene the Working Group to discuss on the general terms of reference and scope of marine environmental protection.

10.3 Issues related were further discussed in Working Group Meeting under Agenda 13.2.

11.0 NEW EFFORTS AND PROJECTS

11.1 Awareness on High Risk Situation of Batu Berhanti Light Buoy (By Indonesia):- (i) The Meeting noted on the maintenance and necessary repairs to the buoy in

regular basis under Project 5.

(ii) The Meeting noted the presentation made by Indonesia regarding the situation, awareness on the Batu Berhanti Lightbuoy that should be addressed to mitigate the risk to the navigating vessels and the environment as well. The Meeting also noted that the technical solutions recommended by the Meeting are needed to be evaluated and decided later.

(iii) The Meeting noted this proposal to be reconsidered in the next meeting.

11.2 Hydrographic Survey in the SOMS (By Malaysia):-

Phase 1:- (i) The Meeting noted the presentation given by Malaysia on the proposal to carry

out multi-beam hydrographic survey works in 5 critical areas of SOMS (Phase 1). (ii) The Meeting noted time line for joint hydrographic re-survey is from 4th quarter

2014 until 2nd quarter 2016 with the estimated cost in total of USD 350,000.00 excluding in-kind contribution. The Meeting also noted that the conduct of the joint hydrographic re-survey is supported by Japan.

(iii) The Meeting approved this project to be implemented as scheduled.

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Phase 2:- (iv) The Meeting approved the proposal from Japan regarding the Phase 2 of

hydrographic survey using multi-beam echo sounder for entire TSS of SOMS, conducted jointly by littoral States and Japan, and will be placed under MEH Working Group. This project is supported by Japan.

(v) The Meeting agreed that this project would be implemented under the MEH

Working Group, to be reported to TTEG and to be led by Malaysia.

11.3 Concept Paper on the Feasibility Study of the Places of Refuge in SOMS (By Malaysia):- (i) The Meeting noted the document by Malaysia to conduct a Feasibility Study on

the Places of Refuge. Singapore and Indonesia requested more time to review the Terms of Reference (TOR) of the proposed study. The Meeting agreed that this proposal will be submitted to the 40th TTEG for reconsideration after the littoral States have reviewed the TOR.

(ii) The Meeting also noted on the pledge from IMO Straits Trust Fund of USD 50,000 to fund the study, subject to approval by TTEG.

(iii) The Meeting noted the statement of support by ICS on this proposed study.

11.4 Concept Paper on the Feasibility Study on Identification of Particularly Sensitive Sea

Areas (PSSA) in the Strait of Malacca (By Malaysia):- (i) The Meeting noted the concept paper and the comment by ICS that the study area

considers a single wider PSSA as opposed to several small areas.

(ii) Related issues will be further discussed in the Working Group Meeting under Agenda 13.2.

11.5 Concept of A Proposed Study of Aids to Navigation in the SOMS and Publicity of ANF

(By ANF Secretariat):- (i) The Meeting noted a proposed study to review aids to navigation in the SOMS

and publicity of ANF for the purpose of enhancing navigational safety in SOMS.

(ii) The Meeting agreed to consider the proposed study after the completion of the Plan Maintenance Program (PMP).

11.6 Pilot Study on the Use of Enhanced Racon (E-Racon) to Complement GPS in Singapore

(By Singapore):- (i) The Meeting noted the pilot study to enhance the existing Racon to be able to

provide accurate positioning to ships. Singapore will report on the result at the

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next TTEG meeting.

11.7 Test Bedding of Real-Time UKC Monitoring using AIS Communication on Board Deep Draft Vessels Transiting SOMS (By Singapore):- (i) The Meeting approved the proposal of test-bed of UKC monitoring using existing

AIS infrastructure on selected deep draft vessel transiting the SOMS with the estimated cost of USD 90,000 funded by IMO Straits Fund.

11.8 Ship Traffic Management System in the SOMS (By Singapore):- (i) The Meeting agreed on the proposal of Ship Traffic Management System in the

SOMS and to be adopted as Strait Project. The project progress to be updated in the next PCC meeting.

11.9 ICS Concept for ANF in SOMS Outline Plan (By ICS):-

(i) The Meeting noted the proposal on concept for ANF in SOMS Outline Plan.

11.10 The Study of the Blue Print for Future Development of Safety of Navigation and Marine

Environmental Protection in the SOMS (By Indonesia):- (i) The Meeting approved the proposal to be adopted as a new Straits project and will

be discussed in the 8th PCC.

11.11 Development of Supporting Element for Future Sustainable Operation of MEH in the SOMS (By Indonesia):- (i) The Meeting noted the proposal and it would be discussed in the next

intersessional meeting of the MEH WG.

12.0 WORKING GROUP MEETINGS

12.1 The Meeting affirmed there were two (2) working groups as follow:-

(i) The ETV Services in SOMS WG chaired by Singapore, convened at Tuba Meeting Room.

(ii) The Marine Environment Protection Initiatives WG chaired by Malaysia, convened at Lalang Meeting Room.

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13.0 REPORT OF THE WORKING GROUP

13.1 The ETV Services in SOMS:-

(i) The WG was chaired by Singapore and attended by the members from Indonesia, Malaysia and Singapore. The meeting discussed on:-

(i) Modality of ETV; (ii) Response Area; (iii) Cost; and (iv) Operational Framework

(ii) Malaysia informed the WG that it’s in the process of building a multi-purpose

vessel which will have the ability to provide ETV services. Indonesia informed that it has an existing mechanism to activate salvage companies in the case of an emergency.

(iii) The Meeting considered and adopted the report of the working group which is attached in Annex 3.

13.2 Marine Environment Protection Initiatives:-

(i) The WG was chaired by Malaysia and attended by representatives from

Indonesia, Malaysia, and Singapore. The littoral States agreed to consult their respective capitals on the proposed TOR and the scope of marine environmental protection. Subsequently, the littoral States will communicate with the coordinator of the WG and discuss in the next TTEG meeting.

(ii) The Meeting considered and adopted the report of the working group which is attached in Annex 4.

14.0 ANY OTHER MATTERS AND VENUE OF THE NEXT MEETING

14.1 The Meeting agreed to Singapore’s request to work with BIMCO on the Concept Paper for a “Safe Passage’ video, as the next step following the launch of the pamphlet of the Safe Passage in the Straits of Malacca and Singapore. 14.2 The Meeting agreed in principle on the offer by India at 7th PCC in relation to a capacity building workshop related to aids to navigation. Malaysia will be the focal point to convey the list of three (3) participants from each littoral States. The Meeting also noted the pledge by India to contribute USD 50,000 to the ANF.

14.3 The Meeting noted the pledge from People’s Republic of China of USD 50,000 for OPRC-HNS workshop under Project 2 and USD 150,000 for the Aids to Navigation Fund.

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14.4 The Meeting also noted that People’s Republic of China and India expressed their interest to participate in the Study on the Test Bedding Real Time UKC Monitoring AIS communication on board deep draft vessel.

14.5 Singapore will host the 40th TTEG meeting in year 2015. The venue and date will be communicated in due course.

15.0 CONSIDERATION AND ADOPTION OF THE REPORT

15.1 The Meeting considered and adopted the report of the meeting.

16.0 CLOSING REMARKS

16.1 On behalf of the three littoral States, the Chairman expressed heartfelt to all delegations for their positive contributions and cooperation for making the 39th TTEG meeting a success. The positive indication and commitment from the delegates to contribute to the identified projects demonstrated the success of TTEG. 16.2 The participants also thanked and expressed their appreciation to Malaysia for convening the Meeting, for the arrangements and the hospitality, and to Mr. Baharin Dato’ Abdul Hamid for chairing the meeting.

List of Annexes Annex 1 List of participants Annex 2 Agenda Annex 3 Working Group 1 Report Annex 4 Working Group 2 Report

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ANNEX 1 LIST OF PARTICIPANTS

INDONESIA Ir. Adolf R. Tambunan, MSc, Director of Port and Dredging, Directorate General of Sea Transportation of the Republic Indonesia; Capt. Mochamad Masduki, Director, Pelindo Marine Service;

Mr. Raymand I.H.A Sianturi, Deputy Director of Marine Telecommunications, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Soedirman,SE,.MM, Deputy Director of Aids to Navigation, Directorate General of Sea Transportation of the Republic Indonesia;

Ms. Eka Sukmawati,SH,.MH,Deputy Director of Shipping Order, Directorate General of Sea Transportation of the Republic Indonesia;

Drs. Tofan Rindoyo, Head of Operation Section, Directorate General of Sea Transportation of the Republic Indonesia;

Mrs. Sindu Rahayu, M.S, Head of Public Relation and International Cooperation, Directorate General of Sea Transportation of the Republic Indonesia;

Capt. Leonard Siahaan, S.SiT, Head of Operation and Survey Section, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Gus Rional Sjahrial,ST,.M.Sc, Head of Port Master Plan and Development Section, Directorate General of Sea Transportation of the Republic Indonesia;

Capt. Herbert E.P. Marpaung, Head of Pilot Officer and Pilotage Section, Directorate General of Sea Transportation Indonesia;

Capt. Richard Christian, Master Marine-Marine Inspector , Directorate of Marine Safety, Directorate General of Sea Transportation;

Mr. Budi Santoso, Officer of Public Relation and International Cooperation, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Fathan Muta’ali, S, Officer of Directorate of Navigation, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Lalu Rano Agiansyah, Offcier of Directorate of Navigation, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Bambang Sudaryono, Transport Attaché for the Embassy of the Republic of Indonesia in Kuala Lumpur, Malaysia;

Capt. Jonson Manurung, Operation Section, District Of Navigation Dumai, Directorate General of Sea Transportation of the Republic Indonesia;

Mr. Feny Zamzari, Head of Section, Ministry of Foreign Affairs, Indonesia;

Mr. Syahputera Sembiring, Director of Business, The Indonesia Port Cooperations, Indonesia;

Mr. Aris Zulkarnain, Head of Project Marine Services, The Indonesia Port Cooperations,

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Indonesia;

Mr. Parsaulian Manurung, Head of Project Malacca Pilotage, The Indonesia Port Cooperations, Indonesia;

MALAYSIA Mr. Baharin Dato’ Abdul Hamid, Deputy Director General, Marine Department Malaysia;

Mr. Ab Rahim Hussin, Under Secretary, National Security Council;

Dato’ Capt. David Padman, General Manager, Port Klang Authority;

Mr. Rossid Musa, Director of Safety of Navigation, Marine Department Malaysia;

Mr. Rosnan Fathlal, Director, Marine Department Malaysia;

Mr. Wan Abdul Latiff Wan Jaffar, Director of Water and Marine, Department of Environment;

Mr. Ahmad Fajarazam Abdul Jalil, Director, Department of Maritime Affairs, Ministry of Foreign Affairs;

Ms. Fauzah Dato’ Abdul Hamid, Senior Federal Counsel, Attorney General Chambers;

Capt. Mohamad Halim Ahmed, Senior Principal Assistant Director, Marine Department Malaysia;

Kapt. Kamaruzaman Jusoh, RMN, Principal Assistant Secretary, Ministry of Defence, Malaysia;

Mrs. Norhasliza Mat Salleh, Principal Assistant Secretary, National Security Council (MKN);

Mr. Mohd Nizam Basiron, Research Fellow, Malaysia Institute of Maritime (MIMA);

Mr. Alimuddin Amirudin, Principal Assistant Director, Marine Department Malaysia;

Mr. Mohd Fairoz Rozali, Principal Assistant Director, Marine Department Malaysia;

Mr. Norjipin Saidi, Principal Assistant Director, Marine Department Malaysia;

Mr. Hairizam Albukhari, Principal Assistant Director, Marine Department Malaysia;

Mr. Nordin Mohammadin, Principal Asisstant Director, Marine Department Malaysia;

Mr. Mohd Amin Ghazali, Principal Assistant Director, Department of Environment;

Mr. Che Daud Hamid, Asisstant Director of Immigration, Immigration Department Malaysia;

Capt. Azmi Maaris, Marine Officer, Port Klang Authority;

Ms. Akmal Anuar, Federal Counsel, Attorney General Chambers;

Mr. Mohd Nazri Armar, Marine Officer, Marine Department Malaysia;

Ms. Rina Sharlinda Zabri, Researcher, Malaysia Institute of Maritime (MIMA);

Lt. Cdr. Khairul Anuar Abdul Aziz, Staff Officer 2 Hydrography, National Hydrographic Center (PHN);

Mr. Zulkeffli Md Desa, Marine Officer, Penang Port Commision;

Dato’ Capt. Jaffar Lamri, President, Centre Of Maritime Excellent (CME);

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Capt. Shardul Sadhale, Senior Manager, Fleet Operations, (MISC) Berhad;

Capt. David S. Rajan, Head of Simulation Centre and Communication Malaysia Maritime Academic (ALAM);

SINGAPORE Capt. M. Segar, Assistant Chief Executive (Operations), Maritime and Port Authority of Singapore;

Dr. Parry Oei, Director (Port Services) / Chief Hydrographer, Maritime and Port Authority of Singapore;

Ms. Angela Png, Director (International), Maritime and Port Authority of Singapore;

Capt. Charles Alexander De Souza, Director Ops. Planning, Maritime and Port Authority of Singapore;

Mr. Lee Weng Choy, Senior Assistant Hydrographer, Maritime and Port Authority of Singapore;

Mr. Chong Jia Chyuan, Senior Marine Officer (Vessel Traffic Management), Maritime and Port Authority of Singapore;

Ms. Lee Wen Jie, Deputy Manager (International), Maritime and Port Authority of Singapore;

Capt. Dilshad Ahmad, Senior Marine Officer (Marine Environment and Safety), Maritime and Port Authority of Singapore;

JAPAN Mr. Tomoyuki Fukuhara, Director for International Shipping Coordination, Ministry of Land, Infrastructure and Transport;

INTERNATIONAL CHAMBER OF SHIPPING (ICS) Mr. John Murray, Marine Director;

INTERNATIONAL MARITIME ORGANIZATION (IMO) Mr. Ashok Mahapatra, Senior Deputy Director;

JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) Mr. Akira Ubukata, JICA Expert;

Mr. Ryuji Nishibun, JICA Expert;

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MALACCA STRAIT COUNCIL Mr. Eiichi Kato, Managing Director;

Mr. Tomokata Ito, Managing Director;

Mr. Seiji Sasaki, Operation Manager;

THE NIPPON FOUNDATION Mr. Shunsuke Shirasaki, Managing Director;

Capt. Mathew Mathai, Marine Manager;

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ANNEX 2

Agenda of the 39th TTEG Meeting

1. Opening

2. Election of Chairman and Vice-Chairman

3. Adoption of Agenda

4. Business Arrangement

5. Status Reports on Safety of Navigation:

5.1 Aids to Navigation (By Malaysia, Singapore and Indonesia) 5.2 Marine Casualty Affecting Traffic Movement (By Malaysia, Singapore and

Indonesia) 5.3 Mandatory Ship Reporting System (STRAITREP) (By Malaysia and Singapore) 5.4 Contravention of Rule 10 of the Collision Regulations (COLREGS) (By Malaysia,

Singapore and Indonesia)

6. Update on Progress of the Co-operative Mechanism on the Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore 6.1 Report of 12th and 13th Aids to Navigation Fund Committee Meeting (By

Singapore) 6.2 Report of 7th Co-operation Forum (By Malaysia) 6.3 Report of 7th Project Coordination Committee (By Malaysia)

7. Updates on the Voluntary Pilotage Services in SOMS (By Malaysia) 8. Updates on the Marine Electronic Highway in the SOMS (By Singapore)

9. Updates on the Emergency Towing Vessel (ETV) Services in SOMS (By Singapore)

10. Marine Environmental Protection Cooperation and Initiatives in the Straits of Malacca

and Singapore (By Malaysia)

11. New Efforts and Projects :-

11.1 Awareness on High Risk Situation of Batu Berhanti Light Buoy (By Indonesia) 11.2 Hydrographic Survey in the SOMS (By Malaysia)

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11.3 Concept Paper on the Feasibility Study of the places of Refuge in SOMS (By Malaysia)

11.4 Concept Paper on the Feasibility Study on Identification of Particularly Sensitive Sea Areas (PSSA) in the SOMS (By Malaysia)

11.5 Concept of A Proposed Study of Aids to Navigation in the SOMS and publicity of ANF (By ANF Secretariat)

11.6 Pilot Study on the Use of Enhanced Racon (E-Racon) to complement GPS in Singapore (By Singapore)

11.7 Test Bedding of Real-Time UKC Monitoring using AIS Communication on Board Deep Draft Vessels Transiting SOMS (By Singapore)

11.8 Ship Traffic Management System in the SOMS (By Singapore) 11.9 ICS Concept for ANF in SOMS Outline Plan (By ICS) 11.10 The Study of the Blue Print for Future Development of Safety of Navigation and

Marine Environmental Protection in the Straits of Malacca and Singapore (By Indonesia)

11.11 Development of Supporting Element for Future Sustainable Operation of Marine Electronic Highway (MEH) in the Straits of Malacca and Singapore (By Indonesia)

12. Working Group Meetings:-

12.1 Emergency Towing Vessel (ETV) Services in SOMS (Led by Singapore) 12.2 Marine Environment Protection Initiatives (Led by Malaysia)

13. Report of the Working Group:-

13.1 Emergency Towing Vessel (ETV) Services in SOMS (Led by Singapore) 13.2 Marine Environment Protection Initiatives (Led by Malaysia)

14. Any Other Matters and Venue of the Next Meeting

15. Consideration and Adoption of the Report

16. Closing

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ANNEX 3

WORKING GROUP 1 REPORT

39TH TRIPARTITE TECHNICAL EXPERTS GROUP (TTEG) MEETING

REPORT OF THE WORKING GROUP (WG) ON EMERGENCY TOWING VESSEL SERVICES IN SOMS

25 SEPTEMBER 2014, BERJAYA LANGKAWI RESORT, MALAYSIA

Indonesia Ms Eka Sukmawati, Deputy Director, Shipping Safety, Directorate General of Sea Transportation (DGST); Capt Richard Christian, Officer, Directorate General of Sea Transportation; Mr Budi Santoso, Officer, Directorate General of Sea Transportation; Mr Fen Zamzari, Ministry of Foreign Affairs of Indonesia Malaysia Mr Ahmad Fajarazam Bin Abdul Jalil, Director, Maritime Department, Ministry of Foreign Affairs; Capt Mohamad Halim Ahmed, Principal Assistant Director, Marine Department of Malaysia Ms. Norhasliza Mat Salleh, Principal Assistant Secretary, Prime Minister Office Capt Kamaruzaman Jusoh, Principal Assistant Secretary, Ministry of Defence Mr. Hairizam Albukhari, Principal Assistant Director, Marine Department of Malaysia Mr. Alimuddin Amirudin, Principal Assistant Secretary, Marine Department, Sabah Singapore Capt Dilshad Ahmad, Senior Marine Officer, Maritime and Port Authority of Singapore (MPA) (Chairman of the Working Group) Capt Charles Alexander De Souza, Assistant Director, MPA Capt Chong Jia Chyuan, Senior Marine Officer, MPA Ms Lee Wen Jie, Deputy Manager (International), MPA DISCUSSION 1 The Chairman welcomed representatives from the three littoral States to the working group meeting. He highlighted the need for the working group to discuss the modality and framework matters for the provision of emergency towing vessels (ETV). Modality of ETV 2 Malaysia shared that it is in the process of building a vessel that would have approximate 60 tonnes bollard pull, will serve as a buoy tender, training vessel, survey vessel and in addition it will also provide towage and fire fighting functions. The construction of vessel is expected to

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be completed by the end 2016. In the event of emergency, Malaysia could utilise it to provide emergency towing and fire fighting services. 3 Indonesia shared that currently it does not provide any Government dedicated vessel for ETV services, but it has existing mechanism to activate the salvage companies in case of emergency. 4 Singapore informed that it would work towards a model similar to Malaysia. Response Areas 5 The concept study carried out by SMIT Singapore highlighted that there are three response areas (Malacca Strait –ETV 1, One Fathom Bank – ETV 2, Singapore Strait – ETV 3). Indonesia informed that it needed further internal study on the proposed response area. Malaysia informed that its vessel will have the capability to provide ETV in the SOMS and its not limited to response areas as per concept study. Singapore informed that it could agree to provide services in the Singapore Strait – ETV 3. Cost 6 Malaysia commented that the ship owners/ masters will need to bear the cost of ETV services. Hence, it will be important to publish the rates of ETV services to the shipping industry for their prior information. Singapore informed that it would need to look into the payment structure for ETV services. Legislative powers 7 The three littoral States informed that they have the legislative powers to direct ships to engage ETV services within their waters. Cross-boundary deployment of ETV 8 Indonesia informed that when an ETV enters its waters to provide services, it would need approval from relevant Indonesian agencies. 9 Malaysia commented regarding the cross-boundary deployment of ETV, the relevant Malaysian agencies will need to be consulted. Operational framework 10 Malaysia informed that once its vessel is ready, it will draft standard operating procedures for ETV operations. For approval 11 The TTEG’s approval is sought for the meeting report.

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ANNEX 4

WORKING GROUP 2 REPORT

39TH TRIPARTITE TECHNICAL EXPERTS GROUP (TTEG) MEETING

REPORT OF THE WORKING GROUP (WG) ON MARINE ENVIRONMENT PROTECTION INITIATIVES IN SOMS

25 SEPTEMBER 2014, BERJAYA LANGKAWI RESORT, MALAYSIA

1.0 The Working Group (WG) was chaired by Mr. Wan Abdul Latiff bin Wan Jaafar from Department of Environment, Malaysia. The chairman welcomed the delegates from the littoral states and hope that the outcomes of the WG enhance the marine environment protection in the Straits of Malacca and Singapore as well as safety of navigation. The WG was attended as follows: Indonesia (i) Capt. Leonard Siahaan, Directorate General of Sea Transportation (DGST); (ii) Mr. Fathan Muta’ali, Directorate General of Sea Transportation (DGST); (iii) Mr. Lalu Rano Agiansyah, Directorate General of Sea Transportation (DGST);

Malaysia (i) Mr. Mohd Nizam Basiron, Research Fellow, Malaysia Institute Of Maritime

(MIMA); (ii) Mr. Mohd Fairoz Rozali, Marine Department Malaysia; (iii) Mr. Mohd Amin Ghazali, Department of Environment, Malaysia; (iv) Mr. Mohd Nazri Armar, Marine Department Malaysia;

Singapore (i) Ms. Angela Png, Maritime and Port Authority of Singapore (MPA)

2.0 The Chairman expressed his concern on the issues related to marine environmental protection in the SOMS and hoping the WG could discuss and agree to the issues comprises of pollution from land and sea based, illegal disposal of slop and sludge activities, ecosystem, responding to oil and chemical spillage and joint program activities by the littoral States.

3.0 The WG also noted the proposal of the marine environment protection aiming to enhance the capacity and capability of the littoral States may include the new project that may be proposed in the Cooperation Forum and Project Coordination Committee under the Cooperative Mechanism, i.e Particularly Sensitive Sea Areas (PSSA) and ecosystem;

4.0 The WG agreed to form a Correspondence Group in reviewing the proposed Terms of Reference (TOR) and scope of the marine environmental protection in the Straits;

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Outcome of the WG 5.0 The WG discussed the draft of the General TOR and scope of Marine Environmental Protection based on the issues in relation to present marine pollution in the SOMS presented by Malaysia. 6.0 The meeting noted the objectives of the proposed scope of Marine Environmental Protection as follows:

(i) Annual reporting to the TTEG meeting using harmonized and agreed standard

reporting template; (ii) Sharing information between the littoral States, and (iii) Evaluate and proposed suitable measures to overcome marine pollution issues.

7.0 The WG noted measures introduced in the Marine Environmental Protection should consistently adopt the international laws practices :-

(i) Any measures undertaken in the Straits should respect the sovereignty, sovereign

rights, jurisdiction and territorial integrity of the littoral States and be in accordance with international law;

(ii) Any measures undertaken in the Straits should be consistent with international

law and in particular article 43 of the United Nations Convention on the Law of the Sea (UNCLOS) on littoral States and user States co-operation.

8.0 The WG noted document “General Terms of Reference” circulated by Singapore on the Tripartite Technical Expert Group on Safety of Navigation and Environmental Protection in the SOMS, in particular on the paragraph 2 in relation to formulation and implement joint policies and projects to deal with marine pollution. Document as in Appendix 1. Subsequent to it, the littoral States will consult their respective capitals on the TOR and communicate with the coordinator of the WG.

9.0 The meeting noted the submission by Malaysia on the draft scope of the Marine Environmental Protection. The meeting agreed in principle to the revised scope of the Marine Environmental Protection as in Appendix 2. The WG recommended that members consult relevant national agencies on Appendix 2 and communicate with the coordinator of the WG. 10.0 The meeting agreed that the liability and compensation regime could be considered at a later date to give priority to more important marine environment issues.

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APPENDIX 1

Tripartite Technical Expert Group on Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore

General Terms of Reference 1. To cooperate in the fields of common interest particularly in respect of safety of

navigation and environmental protection.

2. To formulate and implement joint policies and projects to deal with safety of navigation and marine pollution as specially by coordinating their resources, man power and technology.

3. Joint management or coordination of new funds or projects that have been set up for the purposes of cooperation among the littoral States or with users of the Straits and other interested stakeholders, to deal with safety of navigation and environmental protection.

4. To work jointly the procedures and the modality for voluntary utilization of pilotage services of the respective countries.

5. To facilitate the exchange of information within and between the littoral States to enhance the safety of navigation and environmental protection.

6. To conduct consultations with user of the Straits and interest parties including the IMO on matters relating to safety of navigation and environmental protection with a view to identify and prioritize specific projects or any appropriate cooperative arrangements among the littoral States, user States and other interested stakeholders, any to further strengthen capacity building in the littoral states.

7. To continue to cooperate in various fields relating to safety of navigation and environmental protection in the straits.

8. To make decisions on the basis of consensus.

9. To meet at least on an annual basis with the venue being rotated among the littoral States.

10. The hosting country shall chair the meeting.

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APPENDIX 2 Scope of the Marine Environmental Protection

Consistent with paragraph (4) of the “Guidelines for Senior Officials and Technical Experts Group on Safety of Navigation in the Straits of Malacca and Singapore”, the scope of the Marine Environmental Protection would include:- (i) Report and evaluate the status, progress and outcomes of the incidental spillages along

the Straits in accordance to the MEPC.1/Circ. 318; (ii) Report on the readiness of oil spill response (OSR) centres and status of OSR assets;

(iii) Facilitate and co-ordinate the integration of the activities of the projects into national and

joint program concerning marine environmental protection in the Straits, such as :- a. Formulation on the Joint SOP on Oil Spillage; b. Formulation on the Joint SOP on Chemical Spillage; c. Capacity Building, i.e On Scene Commander, crew vessels, etc;

(iv) An update of the reception facilities by the littoral States;

(v) To consider various measures to enhance marine environment protection in the Straits of Malacca and Singapore; and

(vi) Other matters related to the effects of shipping on the environment of the Straits of

Malacca and Singapore including on ecosystems;