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Urgent matters emanating from DE 47
10.16 The Committee noted that the DE Sub-Committee held its forty-seventh session from 25 February to 5 March 2004 and that its report had been circulated as DE 47/25 whilst MEPC 51/10/1 reported on urgent matters emanating from that meeting as well as three other relevant issues.
10.17 The Committee recalled that MEPC 47 had instructed DE 45 to include a new item on the protection of pump rooms and access to shore-based computer programmes on its agenda with a target completion time of two sessions, after having considered a submission by the United Kingdom to MEPC 47 (MEPC 47/18/1) which proposed actions to reduce the risks of pollution during salvage operations associated with damaged tankers.
10.18 The Committee also recalled that MEPC 48 instructed DE to consider this item as high priority and included them on the agenda of DE 46. As a result, DE 47 had considered a proposal by INTERTANKO (DE 47/11) addressing the issues originally raised by the United Kingdom in MEPC 47/18/1 and produced the proposed new regulation 13I and relevant amendment to regulation 26 of MARPOL Annex I for consideration by this Committee.
10.19 After consideration, the Committee approved the proposed new regulation 13I and amendments to regulation 26 of MARPOL Annex I, as set out in annex 9, with a view to adoption at MEPC 52 together with the text of the revised MARPOL Annex I.
10.20 The Committee agreed that new regulation 13I shall apply to oil tankers of 5,000 tons deadweight and above constructed on or after 1 January 2007 and agreed to insert that date in the square brackets of proposed new regulation 13I(1) accordingly.
Other matters arising from DE 47
10.21 Having concluded on the above urgent issue emanating from DE 47, the Committee:
.1 agreed with the DE Sub-Committee's recommendation to delete the item "Protection of pump-rooms and access to shore-based computer programs for salvage operations" from the DE Sub-Committee's work programme;
.2 changed the priority of the work programme item on "Guidelines for onboard exhaust gas cleaning systems" from low to high, in view of the expected entry into force of MARPOL Annex VI in the near future; and
.3 agreed with the recommendation of DE 47 to include the work programme item on "Safety aspects of ballast water management" in the agenda for DE 48.
Urgent matters emanating from FSI 12
10.22 The Committee noted that the twelfth session of the Sub-Committee on Flag State Implementation (FSI 12) was held from 15 to 19 March 2004 and that its report will be circulated as FSI 12/22 whilst MEPC 51/WP.11 reports on urgent matters emanating from that meeting.
10.23 The Committee noted also that matters relating to the outcome of FSI 12 on the review of reporting requirements for reception facilities would be considered under agenda item 9 (Inadequacy of Reception Facilities).
10.24 The Committee noted further that FSI 12 had expressed its support of the work of the FAO in relation to illegal, unregulated and unreported (IUU) fishing related matters and that it had instructed the Secretariat to provide the FAO with detailed information on TC activities related to the safety of fishing vessels and the training of fishermen.
10.25 In this context, the Committee endorsed the Sub-Committee's proposed recommendation to the FAO to stimulate further co-operation between the FAO, the IMO and Regional Fishery Management Organizations (RFMOs) by organizing a second Joint Working Group on IUU Fishing and related matters.
11 WORK OF OTHER BODIES
Outcome of LEG 87
11.1 The Committee noted that the eighty-seventh session of the Legal Committee had been held from 13 to 17 October 2003 and that its report had been issued as LEG 87/17 whilst those issues of relevance to MEPC were reported in MEPC 51/11/1.
11.2 The Committee noted that LEG 87 had considered a submission from three Member States and five NGOs on the legal implications of the proposal to designate the Western European Waters as a PSSA, where diverging views had been expressed.
11.3 The Committee recalled that the views of LEG 87 regarding the designation of the Western European Waters as a PSSA had been considered under agenda item 8.
Outcome of C/ES.22
11.4 The Committee noted that the twenty-second extraordinary session of the Council (C/ES.22) had been held on 21 November 2003 and that a summary of its decisions was issued as C/ES.22/D whilst those issues of relevance to MEPC had been highlighted in MEPC 51/11/2.
11.5 The Committee noted that the Council had considered the proposed IMO Model Audit Scheme, which it had decided should be re-named the Voluntary IMO Member State Audit Scheme and had approved it, as amended, for submission to the twenty-third session of the Assembly for adoption.
11.6 In this context, the Committee noted that the meeting of the Joint MSC/MEPC/TCC Working Group on this issue had been approved and that the Group had been instructed to take account of the Council's decisions in developing the Scheme.
11.7 With regard to the review of the sub-committee structure, the Committee noted that the Council, having noted the progress of the trial system, had agreed to extend the trial period to cover all sub-committee meetings up to the next sessions of MEPC and MSC. The Council had also invited MSC and MEPC to make appropriate recommendations to its ninety-third session, which would meet from 15 to 19 November 2004.
11.8 The Committee noted that the Council had approved the long-term work plan of the Organization for submission to the twenty-third session of the Assembly.
11.9 The Committee also noted that the Council, in considering the report of MEPC 49 concerning BLG 9 which would not be held in 2004, had approved an extension of DE 47 by three days as well as the holding of an additional meeting of the intersessional BLG Working Group on the Evaluation of Safety and Pollution Hazards of Chemicals (ESPH).
11.10 With regard to the relations with non-governmental organizations, the Committee noted that the Council had referred the application from the International Bunker Industry Association (IBIA) to MEPC for advice, which was considered under agenda item 21.
Outcome of TC 53
11.11 The Committee noted that the Technical Co-operation Committee had held its fifty-third session from 11 to 12 June 2003 and that its report had been issued as TC 53/19 whilst those issues of interest to MEPC had been reported in MEPC 51/11/3.
11.12 Having considered MEPC 51/11/3 in general, the Committee particularly noted:
.1 the interim Report on the Integrated Technical Co-operation Programme for 2002-2003;
.2 the outcome of the Workshop on Partnership Building;
.3 the Integrated Technical Co-operation Programme for 2004-2005;
.4 the biennial allocation to support the Integrated Technical Co-operation Programme for 2004-2005;
.5 the methodology for the Impact Assessment Exercise for 2000-2003;
.6 the regional co-ordination and regional delivery; and
.7 the capacity building aspects of the Model Audit Scheme.
Outcome of A 23
11.13 The Committee noted that the Assembly held its twenty-third session from 24 November to 5 December 2003 and that the summary of decisions related to Committee 2 of the Assembly had been issued as A 23/SR.8 whilst those issues of relevance to MEPC were reported in MEPC 51/11/4.
11.14 The Committee noted that the Assembly had approved the reports of MEPC 47, MEPC 48 and MEPC 49, and had expressed its appreciation of the considerable progress which had been made during the previous biennium by the Committee. Noting that Annex VI to MARPOL 73/78 still had not entered into force, the Assembly urged States, which had not ratified the Annex, to do so as soon as possible.
11.15 The Committee also noted the outcome of the Assembly on the following issues:
.1 in considering the report of MEPC 49, some delegations had expressed concern over the proposal to make Western European Waters as a PSSA and, as a result, it had been suggested that resolution A.927(22) on the Guidelines for the identification of PSSAs, might need to be reviewed along with issues related to the principles of innocent passage and freedom of navigation on the high seas under the provisions of UNCLOS;
.2 with regard to the entry into force of the revised MARPOL Annex II, the Assembly had noted that the entry into force date should be set on 1 January 2007;
.3 with regard to ship recycling, the Assembly noted the view that the MEPC should consider the possibility of developing a mandatory regime and assess the pros and cons of such a mandatory regime; and
.4 the Assembly adopted resolution A.963(23) on IMO Policies and Practices related to the reduction of greenhouse gas emissions from ships, prepared by MEPC 49, with the exception of the proposed operative paragraphs 2, 3(a), 3(b), 4 and 5, which had been the subject of dissent in relation to Article 2.2 of the Kyoto Protocol.
Resolutions adopted by the Assembly
11.16 The Committee noted that the following resolutions adopted by the Assembly are relevant to the work of the Committee:
.1 resolution A.962(23) on IMO Guidelines on ship recycling;
.2 resolution A.963(23) on IMO policies and practices related to the reduction of greenhouse emissions from ships;
.3 resolution A.964(23) on Follow-up action to UNCED and WSSD;
.4 resolution A.947(23) on Human element vision, principles and goals for the Organization;
.5 resolution A.948(23) on Revised survey guidelines under the Harmonized System of Survey and Certification;
.6 resolution A.949(23) on Guidelines on places of refuge for ships in need of assistance;
.7 resolution A.950(23) on Maritime Assistance Services (MAS);
.8 resolution A.943(23) on the Long-term work plan of the Organization for the period up to 2010; and
.9 resolution A.946(23) on the Voluntary IMO Member State Audit Scheme.
Report of the ninth session of the Working Group on the Evaluation of Safety and Pollution Hazards of Chemicals (ESPH 9)
11.17 The Committee noted that the ninth intersessional meeting of the Working Group on the Evaluation of Safety and Pollution Hazards of Chemicals (ESPH 9) was held from 1 to 5 September 2003. Due to the relevance of some issues arising from this meeting which were pertinent to the revision of MARPOL Annex II, the Committee noted that the report had been issued as MEPC 51/11 whereas normally it would have been submitted to BLG for consideration.
11.18 In introducing MEPC 51/11, the Chairman of the Group, Mrs. M. Tiemens-Idzinga (Netherlands), described the progress made by the Group by making specific reference to the following issues:
.1 development of a draft MEPC resolution allowing derogations for the transport of vegetable oils in deep tanks;
.2 consolidation and evaluation of special chemical groups (vegetable oils and polyols);
.3 review of the text in the IBC Code as a result of changes to the classification system and criteria for assigning carriage requirements; and
.4 the future role of the GESAMP/EHS Working Group.
11.19 Based on the report of the Group, the Committee took the following action.
11.20 The Committee approved, in principle, the MEPC resolution on the Guidelines for the transport of vegetable oils in deeptanks or in independent tanks specially designed for the carriage of such vegetable oils onboard dry cargo ships (MEPC 51/11, annex 4) with a view to adoption at MEPC 52, and decided to leave the square brackets in operative paragraph 2 for further consideration at MEPC 52.
Pollution criteria for assigning Ship Types
11.21 The Committee considered the criteria for assigning Ship Types based on pollution criteria and the consequential amendments to the IBC Code, as shown in Chapter 21 of the revised IBC Code during which the following points were discussed.
11.22 Prior to discussing this specific action point, the United States made reference to a letter, which had been circulated to certain Members by The Federation of Oils Seeds and Fats Association (FOSFA International). The Committee was informed that this letter had misrepresented the United States position.
11.23 With regard to the amendments to the IBC Code and the criteria for defining Ship Types, the United States informed the Committee that it did not wish to delay the adoption of the revised MARPOL Annex II or the revised IBC Code. However, the United States indicated that it still had concerns regarding the possible impact on the disruption of the vegetable oils trade which the proposed criteria for defining the new Pollution Categories and Ship Types might have.
11.24 In informing the Committee of its concerns, the United States made reference to the INTERTANKO submission (MEPC 51/11/6), which reported on a survey of predicted available cargo space and amount of cargo expected to be transported in 2007. It was pointed out that INTERTANKO had made some assumptions in this study whilst concluding that there would be a nominal surplus of available tonnage in 2007. The United States indicated that variations in the assumptions, made by INTERTANKO, could result in a different outcome which could show a deficit of available tonnage.
11.25 In order to alleviate such concerns, the United States proposed that the Secretary-General undertake a further study to evaluate the full impact of the changes to MARPOL Annex II and the IBC Code so that MEPC 52 would have this information when considering adoption of these two instruments.
11.26 In introducing MEPC 51/11/6, INTERTANKO informed the Committee that the Pollution Categories and Ship Types identified in its document had been sourced from MEPC 49/INF.24 and at that time the GESAMP/EHS Working Group had not finalized its evaluations of the vegetable oils, the results of which would dictate whether these products would be assigned to Ship Type 2 or 3.
11.27 The Committee noted that the statistics were based on information from the members of INTERTANKO, which represented seventy percent of the world fleet of both oil and chemical tankers, as well as from Drewry and Oil World.
11.28 INTERTANKO reiterated the point made by the United States that assumptions had been made, but confirmed its conclusions that there would be a nominal surplus of IMO Ship Types 2 and 3 tonnage in 2007. In making this point, the Committee was informed that INTERTANKO had not taken account of ships less than 10,000 dwt and so if these were to be taken into account the predicted surplus of available tonnage might increase.
11.29 Having considered the submission, made by INTERTANKO, and the proposal from the United States to conduct a further study, the majority of the Committee recognized that the INTERTANKO study confirmed the previous information provided by IPTA and CEFIC and so concluded that no further study was necessary.
11.30 In the course of the debate, the Committee recalled that over the previous few years, concerns had been expressed regarding the potential disruption to the vegetable oil trade, which the revised instruments might cause. However, it was noted that, despite repeated requests by the Organization, such concerns had not been substantiated by any submitted documentation.
11.31 The Netherlands pointed out that, assuming a specific shortage of tonnage to transport an identified vegetable oil can be demonstrated, then regulation 2(7) of the current text of MARPOL Annex II (regulation 4.1 of the revised text) provides a mechanism by which the
Administration may modify or delay for a specific period the application of the revised requirements for the carriage of that cargo.
11.32 In this context, Panama proposed that the application of this regulation should not be used to permit phased out single hull MARPOL Annex I tankers to transport vegetable oils. It was pointed out that vegetable oils are known to have the same physical properties as mineral oil and are capable of causing similar harm to the environment.
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