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5 CONSIDERATION AND ADOPTION OF AMENDMENTS TO MANDATORY INSTRUMENTS
5.1 The Committee recalled that MEPC 48 considered and approved the proposed amendments to regulation 10 of MARPOL Annex I (MEPC 48/21, paragraph 7.9.4 and annex 6) with regard to making the Oman area of the Arabian Sea as a Special Area under MARPOL Annex I.
5.2 The Committee noted that, as requested by MEPC 48, the proposed amendments were circulated by the Secretary-General of the Organization, in accordance with article 16(2)(a) of MARPOL 73/78, under cover of circular letter No.2434 of 25 November 2002, and that document MEPC 49/5 contains the proposed amendments and a draft MEPC resolution on the adoption of the proposed amendments.
5.3 The Committee noted further that the Sultanate of Oman, by an urgent fax dated 16 June 2003, informed the Secretariat that the coordinates given in the text of the proposed amendments were best estimates based on the C-Map and Printed Chart (1:1,500,000) and that some coordinates on the North and South borders of the proposed Special Area require further confirmation and that the Sultanate of Oman is taking urgent action to confirm these coordinates (MEPC 49/5/1). The Sultanate of Oman would submit to the Committee at the earliest date the confirmed co-ordinates.
5.4 As a result, the Sultanate of Oman requested the Committee to consider postponing the intended adoption of the proposed amendments to MARPOL Annex I to the next regular session of the Committee.
5.5 After a brief discussion, the Committee decided as follows:
.1 the intended adoption of the proposed amendments to MARPOL Annex I would be postponed to MEPC 51 (29 March to 2 April 2004);
.2 the proposed amendments to MARPOL Annex I, as approved by MEPC 48 and circulated by the Secretary-General under cover of circular letter No.2434 of 25 November 2003, would remain valid, except confirmation of the coordinates for the proposed Special Area; and
.3 the delegation of Oman was requested to submit a document to MEPC 51 to confirm the co-ordinates of the proposed Special Area.
6 HARMFUL ANTI-FOULING SYSTEMS FOR SHIPS
6.1 The Committee noted that article 11(1)(b) and (2), regulation 1(4)(a) of Annex 4 of the AFS Convention refers to the following guidelines to be developed by the Organization:
.1 Guidelines for brief sampling of ships anti-fouling systems;
.2 Guidelines for inspection of ships anti-fouling systems; and
.3 Guidelines for survey and certification of anti-fouling systems on ships.
6.2 The Committee recalled that at its last session, it adopted Guidelines for survey and certification of anti-fouling systems on ships under the cover of resolution MEPC.102(48).
6.3 The Committee also recalled that MEPC 47 requested the FSI Sub-Committee to prepare draft Guidelines for Brief Sampling of Anti-fouling Systems on Ships and draft Guidelines for inspection of ships anti-fouling systems.
Draft Guidelines for Brief Sampling of Anti-fouling Systems on Ships
6.4 The Committee noted that the draft Guidelines for brief sampling of ships anti-fouling systems prepared by FSI 11 (FSI 11/23, annex 5) consist of the following:
.1 a main body covering all aspects common to sampling procedures related to the regulation of anti-fouling systems controlled by the Convention; and
.2 an appendix to the main body describing the unique procedures associated with the sampling and analysis of organotin compounds controlled by the Convention.
6.5 The Committee also noted that FSI 11 developed the appendix mentioned in paragraph 6.4.2 above with the following intent:
.1 that other methodologies, apart from those already in the Guidelines, would be included in the appendix as and when these are available; and
.2 should another anti-fouling system be controlled by the Convention at some future date, a new appendix to these guidelines would be attached to cover sampling and analysis procedures for the anti-fouling system in question.
6.6 The Committee noted that FSI 11, in discussing the implications of adding other methodologies to the main body of the guidelines, agreed with the majority views, and recommended the following to MEPC 49:
.1 the Guidelines covering all aspects common to sampling procedures related to the regulation of anti-fouling systems controlled by the Convention should be adopted by means of a MEPC resolution; and
.2 the examples of sampling methodologies should not be included in the Guidelines and should be disseminated by means of an AFS circular.
6.7 The Committee, in considering the outcome and recommendations of FSI 11 (FSI 11/23 and MEPC 49/6) and taking into account the comments on the draft sampling guidelines contained in MEPC 49/6/3 (Denmark), MEPC 49/6/1 and MEPC 49/INF.21 (Japan), made the following comments:
.1 it would be very useful for the end-user to have both the main body covering all aspects common to sampling procedures as well as the examples of sampling methodologies under one document;
.2 there would be no procedural advantage in issuing the examples under an
AFS circular;
.3 taking into account the above-mentioned reasons, the majority of delegations expressed a preference to issue both the main body covering all aspects common to sampling procedures as well as the examples of sampling methodologies under the cover of an MEPC resolution.
6.8 Having heard the comments, the Committee agreed to establish a drafting group to finalize the text of the Draft Guidelines for Brief Sampling of Anti-Fouling Systems on Ships with terms of reference as shown in paragraph 6.13.
Draft Guidelines for Inspection of Anti-Fouling Systems on Ships
6.9 The Committee noted that the FSI 11 also prepared the draft Guidelines for Inspection of Anti-fouling Systems on Ships, found at annex 6 to document FSI 11/23.
6.10 The Committee, in considering the draft Guidelines prepared under the cover of a draft MEPC resolution by FSI 11, noted the following:
.1 the Sub-Committee's recommendation for the Guidelines to form a new appendix to the existing guidance for port State control (resolution A.787(19), as amended by resolution A.882(21) on Procedures for port State control), once the AFS Convention has entered into force. The Sub-Committee was of the opinion that it would be misleading at this stage to include the Guidelines for inspection as an appendix to A.882(21), as all the conventions referred to in the port State control resolution were already in force;
.2 FSI 11 prepared the draft amendments to resolution A.787(19), as amended by resolution A.882(21) with the understanding that the MEPC would approve these at a future session, when the AFS Convention has entered into force, for submission to the Assembly for adoption. These draft amendments are contained in annex 7 to document FSI 11/23.
6.11 The Committee, in considering the outcome and recommendations of FSI 11 (FSI 11/23 and MEPC 49/6), agreed to:
.1 adopt the inspection guidelines by an MEPC resolution, with the understanding that, once the AFS Convention has entered into force, the Guidelines could form a new appendix to resolution A.787(19) as amended by resolution A.882(21) on Procedures for port State control, pending decision by the MEPC;
.2 put in abeyance the review and approval of the draft amendments to resolution A.787(19), as amended by resolution A.882(21), contained in annex 7 of FSI 11/23 until the AFS Convention has entered into force; and
.3 instruct the informal drafting group to finalize the text of the draft Guidelines for Inspection of Anti-fouling Systems on Ships with terms of reference as shown in paragraph 6.13.
OECD project on development of an environmental emission scenario document on anti-fouling systems
6.12 The Committee noted the information provided by the OECD (MEPC 49/6/2) on the work they are doing as regards the production of an Environmental Emission Scenario Document on anti-fouling systems, which they anticipate will be completed in autumn 2004, and invited the OECD to submit the final Environmental Emission Scenario Document on anti-fouling systems to a future MEPC.
Terms of Reference of the Informal Drafting Group
6.13 The Drafting Group was instructed to:
.1 prepare revised texts of the draft Guidelines for Brief Sampling of Anti-fouling Systems on Ships and the draft Guidelines for Inspection of Anti-Fouling Systems on Ships, taking into account the comments by delegations and the decisions of the Committee;
.2 submit a report to plenary attaching the revised texts of the draft Guidelines for Brief Sampling of Anti-fouling Systems on Ships and the draft Guidelines for Inspection of Anti-Fouling Systems on Ships to plenary for adoption with MEPC resolutions.
Report of the Drafting Group
6.14 The Committee, having considered the report of the informal drafting group (MEPC 49/WP.12), noted the outcome of the informal drafting group and adopted the Guidelines for Brief Sampling of Anti-fouling Systems on Ships and the Guidelines for Inspection of Anti-Fouling Systems on Ships by resolutions MEPC.104(49) and MEPC.105(49) respectively, as attached at annexes 9 and 10.
Status of ratification to the AFS Convention
6.15 The Committee noted the following information provided to it:
.1 Japan ratified the AFS Convention on 8 July 2003;
.2 Norway was expected to ratify the AFS Convention in the coming weeks; and
.3 Greece and Spain were both in the process of ratifying the AFS Convention and expected the Convention to be ratified in towards the end of 2003.
6.16 Denmark, support d by Japan and ICS, urged all Member States to ratify the Convention.
7 IMPLEMENTATION OF THE OPRC CONVENTION AND THE OPRC-HNS PROTOCOL AND RELEVANT OPPR CONFERENCE RESOLUTIONS
7.1 The Committee recalled that, at MEPC 48, it approved the final revised Manual on Oil Pollution: Section IV on Combating Oil Spills, authorized the publication of the final revised Manual on Oil Pollution: Section IV and requested the Secretariat to proceed with its printing.
Combating Manuals/Guidelines
7.2 The Committee recalled that, at MEPC 48, it requested the Secretariat to submit a revised draft Guidelines for bioremediation for approval by the Committee at this session.
7.3 The Committee noted that documents MEPC 49/7/3 and MEPC 49/7/3/Corr.1, Revised Draft Guidance Document for Decision Making and Implementation of Bioremediation in Marine Oil Spills, which was finalized by France, contain the technical amendments and editorial changes made by the OPRC Working Group at the Intersessional Meeting held prior to MEPC 48.
7.4 Having considered the comments made by several delegations, the Committee, while recognizing the excellent work achieved in preparing the document, instructed the OPRC/OPRC-HNS Technical Group to carry out a further and final technical and editorial review of the Draft Guidance Document at its next meeting for submission to the Committee for approval at its forthcoming regular session.
Draft Terms of Reference for the OPRC/OPRC-HNS Technical Group
7.5 The Committee recalled that, at MEPC 48, it agreed to establish an OPRC and OPRC-HNS Technical Group, which would meet in the week prior to the MEPC. The Group would be a subsidiary body of the Committee, reporting back to the Committee at its subsequent session.
7.6 The Committee also recalled that, at its last session, it approved the work programme for the early entry into force and implementation of the OPRC-HNS Protocol.
7.7 The Committee noted that document MEPC 49/7/2, Draft Terms of Reference for the OPRC/OPRC-HNS Technical Group, was prepared by Australia, Canada, New Zealand and the International Tanker Owners Pollution Federation Limited (ITOPF) at the request of the Committee at its forty-eighth session. It contains the draft Terms of Reference, the Work Plan and Timetable for the OPRC/OPRC-HNS Technical Group.
7.8 After discussion, the Committee approved the Terms of Reference, the Work Plan and Timetable for the OPRC/OPRC-HNS Technical Group as annexed to MEPC 49/7/2, taking into account the comments made by the Committee. The Terms of Reference, as approved by the Committee, are set out at annex 11.
7.9 The Committee was informed that document MEPC 49/7 submitted by the Russian Federation suggested the inclusion in the programme of work of the OPRC/OPRC-HNS Technical Group of the development of an IMO Manual on Oil Spill Risks Evaluation and Assessment of Response Preparedness.
7.10 The proposal from the Russian Federation was found to be timely and was met with overwhelming support from the Committee.
7.11 Having considered relevant issues, the Committee instructed the OPRC/OPRC-HNS Technical Group to carry out an in-depth analysis of the proposal. To that effect, the Technical Group will establish a Correspondence Group, the Terms of Reference for which will be prepared by the Secretariat for approval by the Committee at its forthcoming regular session. New Zealand offered to collect any contribution from Member States during the intersessional period and to act as the focal point* for such a correspondence group when established.
Progress report of the Correspondence Group on the revision of the Manual on Chemical Pollution - Section 2: Search and Recovery of Packaged Goods Lost at Sea
7.12 The Committee recalled that, at MEPC 48, it noted the recommendations of the Intersessional Meeting of the MEPC-OPRC Working Group to revise the Manual on Chemical Pollution - Section 2: Search and recovery of packaged goods lost at sea; and approved the Terms of Reference of a correspondence group, which would carry out such revision.
7.13 The Committee noted that document MEPC 49/7/1, contained a progress report of the Correspondence Group on the revision of the Manual on Chemical Pollution - Section 2: Search and Recovery of Packaged Goods Lost at Sea.
7.14 The United Kingdom, as the lead country of the Correspondence Group, informed the Committee that very good progress has been made on the revision of the Manual and that the work should be completed within 6 to 8 weeks.
7.15 The Committee noted that the final report of the Correspondence Group would be submitted to the Committee for consideration at its forthcoming regular session.
Marine incidents involving "Hazardous and Noxious Substances (HNS)"
7.16 The Institute of Marine Engineering, Science and Technology (IMarEST) informed the Committee that the idea behind their paper was to draw attention to the need for urgent ratification and effective implementation of the OPRC-HNS Protocol.
7.17 The Committee noted the information on Marine Incidents involving "Hazardous and Noxious Substances (HNS). submitted by IMarEst (MEPC 49/INF.15).
Report of the IMO/UNEP Forum on Regional Arrangements for Co-operation in Combating Marine Pollution Incidents
7.18 The Committee recalled that, at MEPC 48, it took note of the IMO/UNEP Forum's conclusions and recommendations and requested the Secretariat to initiate appropriate action to give effect to the recommendations. It also encouraged the holding of such a forum whenever possible to promote regional co-operation on preparedness and response in particular, and the protection of the marine environment, in general.
7.19 The Committee noted that IMO and UNEP were currently considering the possibility of holding another session of the IMO/UNEP Forum in conjunction with MEPC 51 next year.
Implementation of the OPRC 90 Convention in India
7.20 The Committee was informed of the steps being taken by the Government of India to further develop their national response capabilities.
7.21 The Committee further noted the information on activities carried out by India for the implementation of the OPRC Convention (MEPC 49/INF.22).
* Mr. David Crawford
Divisional Manager Analysis & Strategy
Maritime Safety Authority of New Zealand
P.O. Box 27006
Wellington
New Zealand
Phone: + 64 4 494 1250
Fax: + 64 4 494 1263
e-mail: david.crawford@msa.govt.nz
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