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4 DECISIONS ON THURSDAY, 4 DECEMBER 2003
4.1 The Committee noted that the working group convened by the Chairman of the Committee, which met on 2 and 3 December 2003, was successful and managed to reach a compromise solution for measures on prohibition of the carriage of heavy grade of oil by single hull tankers, which was subsequently passed to the drafting group for incorporation into the text of new regulation 13H.
4.2 Having received the report of the drafting group (MEPC 50/WP.4) the Committee,
.1 considered the original and alternative texts for paragraph 13H(4)(b) and agreed to delete the square brackets and keep the text of the alternative text; and
.2 considered the text in square brackets in regulation 13H(8)(b) and agreed to delete the square brackets and keep the text.
4.3 With regard to the decision by the Committee referred to in 4.2.2 above, the Committee agreed with the view of the United States, supported by Singapore and Panama, that the provisions in paragraph (8)(b) of new regulation 13H of MARPOL Annex I should not be construed to limit the rights of Parties to take other measures or impose additional conditions of entry into ports and offshore terminals under their jurisdiction, consistent with international law.
4.4 With regard to the draft MEPC resolution on adoption of amendments to CAS, the Committee noted the view that operative paragraph 6 which invites the Maritime Safety Committee to note the amendments to CAS should be supplemented with additional wording so that the MSC be urged to consider introducing and incorporating relevant provisions of CAS into ESP under SOLAS. The Committee agreed to request interested delegations to meet and prepare a suitable text for consideration by the Committee.
4.5 Having reviewed the additional text for the MEPC resolution on adoption of amendments to CAS, the Committee agreed to add new operative paragraphs 7 and 8 as follows in the text of the said resolution:
"7. URGES the Maritime Safety Committee to undertake, as a matter of priority, a review of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers (the Guidelines), adopted by resolution A.744(18) as amended, for the purpose of introducing and incorporating relevant elements and provisions of the Condition Assessment Scheme in the Guidelines, so as to ensure that oil tankers required to comply with the provisions of the Condition Assessment Scheme will be subject to a single and harmonized survey and inspection regime; and
8. AGREES that the Committee will undertake, as soon as the Maritime Safety Committee has incorporated relevant elements and provisions of the Condition Assessment Scheme into the Guidelines, to carry out the necessary review of the Condition Assessment Scheme and, if needed, of the provisions of regulations 13G and 13H of Annex I of MARPOL 73/78 related thereto with a view to ensuring that oil tankers required to comply with the provisions of the Condition Assessment Scheme will be subject to a single and harmonized survey and inspection regime as adopted by the Maritime Safety Committee."
4.6 In considering paragraph 5.1.3 of the amendments to CAS, the Committee agreed to amend that paragraph as follows:
"oil tankers of 5,000 tons deadweight and above, and of 15 years of age and over after the date of delivery of the ship, carrying crude oil as cargo having a density at 15℃ higher than 900 kg/m3 but lower than 945 kg/m3 in accordance with regulation 13H(6)(a)"
4.7 With regard to the draft MEPC resolution on early and effective application of the amendments to Annex I of MARPOL 73/73 (MEPC 50/WP.4, annex 4), the Committee, after an extensive exchange of views, decided to delete the last preambular paragraph and redraft the three operative paragraphs as follows:
"1. INVITES Parties to MARPOL 73/78 to consider the application of the aforesaid amendments to Annex I of MARPOL 73/78 as soon as practically possible to ships entitled to fly their flag;
2. INVITES ALSO the maritime industry to implement the aforesaid amendments to Annex I of MARPOL 73/78 as soon as possible; and
3. INVITES FURTHER Parties to MARPOL 73/78 who implement the aforesaid amendments to Annex I of MARPOL 73/78 with respect to ships entitled to fly their flag before the expected entry into force date of the amendments to communicate their action to the Organization."
4.8 Having resolved the above issues, the Committee, by consensus,
.1 adopted the amendments to regulation 13G, new regulation 13H and consequential amendments to the IOPP Certificate of MARPOL Annex I by resolution MEPC.111(50), as set out in annex 1;
.2 adopted the amendments to the Condition Assessment Scheme by resolution MEPC.112(50), as set out in annex 2;
.3 adopted resolution MEPC.113(50) on ship recycling for the smooth implementation of the amendments to Annex I of MARPOL 73/78, as set out in annex 3;
.4 adopted resolution MEPC.114(50) on early and effective application of the amendments to Annex I of MARPOL 73/78, as set out in annex 4; and
.5 approved a new Unified Interpretation 4.12A for regulation 13G(3)(b) of Annex I of MARPOL 73/78, as set out in annex 5.
4.9 The United States reserved its position with regard to the amendments adopted by resolutions MEPC.111(50) and MEPC.112(50).
4.10 The delegation of Japan stated that Japan could accept new regulation 13H in the spirit of compromise, but has concern about the inclusion of exemption provisions on oil tankers engaged in domestic trades. Such exemption provisions would have such effect that while oil tankers in domestic trade may be of single hull construction, those engaged in trades to neighbouring countries must be of double hull construction. These provisions would not be in line with the policy of Japan that small oil tankers carrying heavy grade oil as cargo should gradually be phased out and replaced with double hull tankers.
4.11 The delegation of the Russian Federation, inter alia, invited the attention of the Committee to the fact that, before the entry into force on 5 April 2005 of the adopted amendments to MARPOL 73/78, all MARPOL Parties will continue being bound by the existing MARPOL provisions and therefore, no Party to MARPOL 73/78 will be entitled to deny entry into its ports for reasons other than those stipulated by the MARPOL 73/78 provisions in force.
4.12 The Committee authorized the Secretariat to effect appropriate correction in the text of the adopted amendments if any inadvertent errors are identified during the preparation of the authentic text of the amendments.
4.13 As requested, the statements by the delegations of Italy, Cyprus, Malta and Poland after adoption of the amendments to MARPOL Annex I are attached at annex 6.
5 COMMEMORATIVE SESSION
5.1 On Thursday morning, 4 December 2003, the Committee held a Commemorative Session to mark its fiftieth session and celebrate the successful operation of the MEPC over the last three decades under the theme "MEPC -Past, Present and Future".
5.2 Previous Chairmen of the Committee were invited to the Commemorative Session. Mr. Per Eriksson, Dr. Jim Cowley and Mr. Pieter Bergmeijer participated and addressed the Committee. Mr. Sid Wallace and Mr. Michael Julian sent messages.
5.3 Mr. Yoshio Sasamura spoke on behalf of previous Secretaries of the Committee and Mr. Chris Horrocks delivered a speech on behalf of the shipping industry.
5.4 In his concluding remarks, the Secretary-General stated that the MEPC has been successful in many ways in taking responsibilities for preventing and controlling ship-generated pollution and identified the following three reasons for the success:
Firstly, IMO and the MEPC have managed to keep all environmental issues surrounding ships within the authority of IMO;
Secondly, the MEPC has provided practical solutions to environmental issues and this has only been possible because the Committee has enjoyed good co-operation and strong support from the shipping industry; and
Thirdly, the MEPC has managed to establish a single global regulatory framework. MARPOL has been ratified by a vast number of countries, covering 96% of the world fleet by tonnage, and the MEPC is truly acting as a single international forum ensuring global control over aspects of the design, construction, equipment and operation of ships, where they relate to environmental protection.
He finally stated that the MEPC was established on the basis of the idea that comprehensive authority for regulating pollution from vessels under international conventions must be vested in a single international organization, and the MEPC has progressed well in performing its expected function in the international community.
He congratulated the Committee and all who have been involved in the activities of the MEPC and wished all a successful continuation of the work of the Committee in fulfilling the role expected by the international community in its future endeavours.
6 ANY OTHER BUSINESS
Interpretation of regulation 13G of MARPOL Annex I concerning conversion
6.1 During the course of discussion on the proposed amendments to regulation 13G of MARPOL Annex I, the Committee considered a question raised by the delegation of the United States concerning interpretation of the regulation as follows:
"If a single-hull oil tanker is built before the dates specified in regulation 13F(1)(a), (b) or (c) of Annex I of MARPOL 73/78 and undergoes a major conversion before the dates specified in 13F(1)(d) of that Annex, would the date upon which this single-hull tanker must have a double hull under regulation 13G be based upon the original date of build or the date of the major conversion?"
6.2 The Committee, after a brief exchange of views, decided to consider the matter further at MEPC 51. The delegation of the Marshall Islands offered to submit a document to MEPC 51 for consideration.
Expected date of entry into force of the revised MARPOL Annex II
6.3 The Committee noted that the report of MEPC 49 indicated that, since MARPOL Annex I and Annex II relate to each other, the revised Annex II should be circulated together with the revised Annex I after MEPC 51 with a view to simultaneous adoption at MEPC 52 in October 2004, so that both new Annexes could enter into force in February 2006.
6.4 The Committee considered the matter and agreed that expected entry into force date of the revised MARPOL Annex II should be set on 1 January 2007.
Expression of appreciation
6.5 The Committee expressed deep appreciation to the Secretary-General for his consistent strong support for the work of the Committee. The Secretary-General's guidance helped the Committee to deal with successfully some of the most difficult issues in the history of IMO, including amendments to MARPOL Annex I in the wake of Erika and Prestige. The Committee wished the Secretary-General a long and happy retirement.
6.6 The Committee also expressed deep appreciation to Mr. A. Chrysostomou (Chairman of the Committee), to Mr. G. Mapplebeck (Chairman of the Drafting Group), to Mr. D. Rowe (Chairman of the informal contact group on CAS), to Mr. Y. Sasamura and Mr. N. Charalambous who chaired various drafting sessions, and to all delegates who worked hard and co-operatively to bring MEPC 50 to a successful conclusion.
6.7 The Committee further expressed deep appreciation to Captain (H.C.G.) D. Fokas (Greece) for his valuable contribution to the work of the Committee as a delegate to the Committee over many years and wished him well in his new post with the European Maritime Safety Agency.
ANNEX 1
RESOLUTION MEPC.111(50)
adopted on 4 December 2003
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO
THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973
(Amendments to regulation 13G, addition of new regulation 13H and consequential
amendments to the IOPP Certificate of Annex I of MARPOL 73/78)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,
NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which together specify the amendment procedure of the 1978 Protocol and confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),
HAVING CONSIDERED the proposed amendments to regulation 13G and consequential amendments to the Supplement (Form B) of the IOPP Certificate of Annex I to MARPOL 73/38,
HAVING ALSO CONSIDERED the proposed new regulation 13H of Annex I to
MARPOL 73/78,
1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the amendments to Annex I of MARPOL 73/78, the text of which is set out at annexes 1, 2, 3 and 4 to the present resolution, each of which being subject to separate consideration by the Parties pursuant to Article 16(2)(f)(ii) of the 1973 Convention;
2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 4 October 2004, unless prior to that date, not less than one-third of the Parties or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objection to the amendments;
3. INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 5 April 2005 upon their acceptance in accordance with paragraph 2 above;
4. REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the annexes; and
5. REQUESTS FURTHER the Secretary-General to transmit to the Members of the Organization which are not Parties to MARPOL 73/78 copies of the present resolution and its annexes.
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