London hosted last 25-29 September the 18th Assembly of the International Mobile Satellite Organisation (IMSO), the organisation’s top body, comprising the Parties to the IMSO Convention - its member countries.
Three main points were on this Assembly’s agenda, besides the activities of a recurrent or administrative nature which are usually dealt with at an ordinary session:
- Adoption of amendments to the IMSO Convention to extend its mandate in the context of the Global Maritime Distress and Safety System (GMDSS);
- Adoption of amendments to the Convention to extend the IMSO mandate with respect to the long range identification and tracking of ships (LRIT);
- Election of the next IMSO director.
Note that IMSO currently has the function of supervising the Inmarsat company’s performance with respect to certain public service obligations, specifically the exclusive provision of satellite services in the GMDSS context. The said amendments are basically meant to expand IMSO’s functions to the supervision of eventual future providers of satellite services to GMDSS which are so authorised for that end by the International Maritime Organisation (IMO), in the same way as applied to Inmarsat. This need was motivated by the IMO’s adoption of a resolution envisaging the possibility of opening the provision of such services to other providers besides Inmarsat.
Although ANACOM still had some reservations about certain aspects related to those amendments (e.g. legal and financial), it did not appose their adoption at this Assembly, bearing in mind the lengthy and slow path taken by this process and on the understanding that the aspects still pending will be resolved in an open and transparent manner.
The amendments were adopted with the agreement of a substantial majority, although some countries (Canada, Colombia, USA and Russia) expressed their disagreement with such decision. An essential feature of this process also remained to be finalised – the Public Service Agreement model to be signed by IMSO and the future providers, which should continue to be worked on by the Advisory Committee and which the Assembly should formally adopt at its next session.
Regarding the amendments on LRIT, they were proposed by a group of 14 European countries, including Portugal. However, ANACOM was not in any way involved in the presentation of that proposal, which originated in the talks at IMO level, thus involving entities from the maritime area. These amendments are meant to allow the IMSO to take on new duties as the co-ordinating entity of a system to identify and track ships – the said LRIT – which is being developed by IMO with a view to enhancing the security of maritime transport.
Many countries hold that the formulation of such an amendment proposal was overly inclusive, going well beyond the intended aim and causing serious legal reservations – the proposal only proposed including in the convention a provision enabling the Organisation to carry out any other tasks (eventually related to mobile satellite communications), as long as the Assembly so decided. For this reason an editing group was set up, which drew up an alternative text explicitly referring to the LRIT co-ordinator functions. Yet a number of countries still deemed that the new provision was insufficient, and that some changes to the Convention due to same would have to be adopted.
Given the numerous reservations expressed, the Assembly chair began by proposing a compromise solution: to not adopt the amendments at this session, to set up a working group to prepare a complete amendments proposal and to hold an extraordinary Assembly session next year. However, some of the countries in favour of the amendment asked for a vote on the new provision resulting from the editing group’s work. Said amendment was thus approved by the Assembly with 37 countries voting in favour, six against and two abstaining.
Given that an IMO decision is expected with regard to designation of the LRIT co-ordinator at a meeting to be held in November 2006, should IMSO’s nomination be confirmed, the director will have to summon an extraordinary Assembly for early 2007 with a view to defining and approving the additional measures needed to perform those duties.
This Assembly also saw the election of the new IMSO Director, who will take office on 15 April 2007 – Captain Esteban Pacha-Vicente of Spain. There were five other candidates for this election, from Bangladesh, Colombia, the USA, Indonesia and the United Kingdom.
Noteworthy among the other agenda points is the constitution of the Advisory Committee, the body which supports the director in managing the Organisation between Assembly meetings. Previously comprising 17 members, the Assembly decided to increase its number to 29 countries. Portugal expressed its intention to continue actively participating in this body as an observer.
The next ordinary Assembly session should take place in the last quarter of 2008, although an extraordinary session may be summoned in 2007.
