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Ministerial Conference on marine pollution
 
On the initiative and invitation of the Government of Japan (Ministry of Land, Infrastructure and Transport), a Ministerial Conference on Transport - A New Challenge for Environmentally Friendly Transport, was held on 15 and 16 January 2002 in Tokyo. The Conference was attended by delegations from 20 countries, IMO and EC, and chaired by Ms. Chikage Oogi, Minister for Land, Infrastructure and Transport of Japan.
 
As a result of deliberation, the Conference adopted the Ministerial Declaration on Transport and Environment, together with the following Ministerial Statements:
 
- the Ministerial Statement on Prevention of Marine Pollution
- the Ministerial Statement on Urban Transport and Environment
- the Ministerial Statement on Comprehensive Strategy for "Environmentally Friendly Vehicles"
 
The additional Ministerial Statement on Counter-Terrorism was also adopted at a special session at the beginning of the Conference.
 
The text of the Ministerial Statement on Prevention of Marine Pollution and the action plan annexed thereto is attached at Annex 7.
 
The Action Plan contains the following seven action items:
.1 Establishment of the IMO audit programme on flag State implementation,
.2 Promotion of incentive schemes for quality ships,
.3 Promotion of the availability and use of ship information databases,
.4 Implementation of the ISM Code,
.5 Harmonisation of port State control activities,
.6 Technical assistance for flag State implementation and port State control activities in developing countries,
.7 Development of monitoring systems for sub-standard ships.
 
In accordance with paragraph 10 of the Statement, Japan submitted to the next session of the IMO Council in June 2002 a document outlining the outcome of the Conference, including in particular the Ministerial Statement on Prevention of Marine Pollution and the annexed Action Plan.
 
Subsequent to the Conference, the United Kingdom Government organized an informal expert meetings of interested Governments and prepared a document on the proposed model audit scheme for submission to the IMO Council.
 
The Council in June 2002, having considered the Ministerial Statement, agreed to proceed with the model audit scheme, and requested the MSC and MEPC to develop details of the scheme.
 
Revision of Annexes I and II of MARPOL 73/78
 
Pollution by noxious liquid substances carried in bulk is regulated by Annex II of MARPOL 73/78 relating to operational discharges and the International Bulk Chemical Code (IBC Code) and Bulk Chemical Code (BCH Code) in respect of carriage requirements of such chemicals. These regulations are developed according to the following process:
 
.1 pollution hazards of bulk chemicals are evaluated by GESAMP EHS working group according to the hazard profiles established by that group;
.2 based on the above evaluation, chemicals are categorized into Categories A, B, C, D and other (non-hazardous) substances by the ESPH working group according to the Guidelines for categorization of noxious liquid substances contained in Appendix I to Annex II of MARPOL 73/78;
.3 carriage requirements of Category A, B and C substances, i.e. whether they should be carried by type 1, 2 or 3 ships, are decided by the ESPH working group, taking into account also the safety hazard; and
.4 the above categorization and carriage requirements are approved by the BLG Sub-Committee.
 
Recently OECD developed new hazard profiles based on the updated scientific knowledge, and the GESAMP EHS working group is re-evaluating all chemicals included in the IBC Code according to the new hazard profiles. At the same time, the BLG Sub-Committee is making a comprehensive review of Annex II of MARPOL 73/78. In this connection, a proposal was made to change the existing 5 categories of chemicals to 3, i.e. Categories X, Y and Z, and to simplify the discharge requirements.
 
Although this proposal received support by a substantial number of Governments, there are also many Governments that prefer retention of the existing 5 categories. No decision has therefore been made yet on the categorization of chemicals.
 
The BLG Sub-Committee is also preparing revised Annex I of MARPOL 73/78. This revision is mainly intended to re-arrange regulations. Although the authors of the revised Annex I claims that the new text will be made more user friendly, change of regulation numbers, e.g. regulation 13G becoming regulation 21, might create confusion to some users.
 
Revision of MARPOL regulation I/13G
 
Following the accident to tanker "Erica", EU countries took, or planning to take, various actions to improve the safety of oil tankers and prevention and mitigation of resulting oil pollution. The most significant measure was the introduction of EU regulations to amend MARPOL regulation 13G to accelerate the phase-out of single hull oil tankers, in order to align the requirements of OPA 90 that the United States promulgated in 1990 following the accident to tanker "Exxon Valdez".
 
At the same time, France and other countries submitted to IMO proposals to amend MARPOL regulation 13G in line with the intended EU regulations. The main point of discussions at the MEPC was termination date of phase-out of single hull tankers. EU countries insisted that phase-out of single hull tankers should be completed by 2100, while others proposed continued operation of single hull tankers until they reach 25 years of age, i.e. until 2021.
 
After intensive negotiations and consultations among groups of delegations with different interest, MEPC 46 reached the following compromise solution:
 
.1 the phase-out years in the table of paragraph (4) terminate at 2015;
.2 Category 2 (MARPOL) tankers and Category 3 (non-MARPOL) tankers with either double bottoms or double sides only or double hull spaces not full-complying with paragraph (1)(c) of the revised regulation 13G may be allowed to continue operation until they reach 25 years of age;
.3 other tankers in Category 2 and Category 3 complying with paragraph (6)(a) or (b) of the revised regulation 13G may be allowed to continue operation until the anniversary date in 2017 or they reach 25 years of age, whichever is the earlier date;
.4 oil tankers operating beyond 2100 are subject to compliance with the Condition Assessment Scheme (CAS). The CAS provides for detailed examination of the structures of the ship by the recognized organzation (RO) and the results of the CAS survey are evaluated by the Administration; and
.5 port States have the right to deny entry of tankers falling under .2 and .3 above into their ports or offshore terminals
 
MEPC 46 finally adopted by consensus revised regulation 13G (resolution MEPC.95(46)) and the Condition Assessment Scheme (CAS) (resolution MEPC.94(46)) as mandatory instrument. The text of the revised regulation 13G is reproduced in Annex 8. The revised regulation 13G entered into force on 1 September 2002.
 
New convention on the control of anti-fouling systems on ships
 
It has been the practice that ships use anti-fouling paint with tin based compound (TBT). It has recently become known that the TBT paints, although effective for anti-fouling, cause harmful effect on marine life, and many countries prohibit the use of TBT paints.
 
The MEPC developed a draft international convention to introduce a global prohibition of the use of TBT paints, i.e. anti-fouling systems containing organotin compounds which act as biocides. The diplomatic Conference convened in October 2001 adopted the International Convention on the Control of Harmful Anti-fouling systems on Ships. The Convention will enter into force twelve months after it has been accepted by not less than 25 States representing at least 25 percent of the world's merchant fleet.
 
Under the Convention, the new application of TBT paints on ships is prohibited on or after 1 January 2003. After 1 January 2008, the exiting TBT paints must be completely removed or covered with sealer coat before application of non-TBT paints.
 
New convention on ballast water management
 
The ballast water of ships contains various marine organisms. A large quantity of ballast water in tankers and bulk carriers taken from the waters in one region, and transported and discharged in the waters in other regions, often results in the growth of marine organisms foreign to the latter regions and cause serious damage to the marine environment. The ore-loading ports in Australia, in particular, which receive a large quantity of foreign ballast waters suffer serious damages, and consequently have promulgated national requirements that the ballast water discharged in the Australian ports should be treated to make free of such foreign organism. Some ports in the United States require similar measures for ships visiting them. Practical method to meet these requirements is to exchange ballast water in the middle of the ocean during the ballast voyages. However, ballast exchange in the middle of ocean sometimes cause serious safety problems and requires operation with utmost caution.
 
Upon proposal by Australia to develop a mandatory instrument on the management of ballast water, the MEPC is working on this subject for several years, which is presently at the final stage. It is expected that the draft convention will be adopted by a diplomatic conference in 2003.
 
Future work
 
With the completion of the above-mentioned work, major outstanding issues on maritime safety and pollution prevention would have been resolved, although new issues requiring international solutions may continue to arise from time to time. IMO will lay more emphasis on the implementation of conventions. The model audit scheme approved by the Council will make an important way forward to achieve effective flag State implementation.
 
In order to improve the efficiency of technical work of IMO, a proposal has been made for restructuring sub-committees and corresponding Secretariat staff. It would take some time to bring into effect such restructuring, but this effort would be an important step forward on the work method of IMO, in order to achieve its objective of safer seas and cleaner ocean by more rational use of limited resources.







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