13.1 The Committee noted the information on the status of IMO conventions and other instruments relating to marine environment protection, especially the current status of MARPOL 73/78, amendments to MARPOL, 1990 OPRC Convention, 2000 OPRC/HNS Protocol and 2001 AFS Convention provided in document MEPC 51/13 as follows:

　

13.2 The Committee also noted the following information provided by the Secretariat since document MEPC 51/13 was issued on 6 February 2004:

　

13.3 The Committee noted further the statements by Cyprus that their Government was expected to ratify MARPOL Annex III in the near future and the statement by Barbados that their Government would deposit its instrument of ratification for MARPOL Annex VI very soon.

　

13.4 The delegation of Japan expressed its expectation for early ratification of the AFS Convention by IMO Member States, so that the Convention could enter into force as soon as possible.

　

　

14.1 The Committee noted the information provided by the United States (MEPC 51/14) that, for more than 10 years, a vigorous initiative to enforce MARPOL 73/78 and relevant domestic legislation, spearheaded by the United States Coast Guard, resulted in a series of successful federal criminal prosecutions brought about by the Department of Justice against shipping companies, shipowners and operators, including ships. officers, with heavy fines and, in some cases, resulted in prison sentences.

　

14.2 In this context, the United States wished to explore with the Committee:

　

14.3 In considering the issues raised by the United States, the Committee noted that:

　

14.4 The delegation of Saudi Arabia stated that, while it recognized that the United States' position in document MEPC 51/14 regarding illegal discharges was not aimed at criminalizing accidental oil spills, it would like to remind the Committee that the line between intentional and accidental spills could often be blurred, thus leading to many cases of prosecution for accidental pollution being mistaken as intentional. It believed that oil pollution from an accident should not result in criminal prosecution, and that regulations promulgated as a result of either the Erika or the Prestige accidents would not stop the same accident from happening again on a single-hull or even double-hull tanker. The delegation stated further that what was needed was better enforcement of the rules and designation of pre-approved ports of refuge.

　

14.5 In light of the issues raised by the United States and the comments made by various delegations, the Chairman drew to the attention of the Committee that the IMO publication entitled "MARPOL - How to do it", which was considered and reviewed by MEPC 45, contains useful information, such as Section 4.7 on "Prosecuting offences" and Section 19 on "Pollution detection and response", which discuss administrative, civil and penal or criminal sanctions.

　

14.6 The Chairman also drew to the Committee's attention that resolution A.944(23), in paragraph 3.2.2 of its annex, emphasized the role of the human element and human rights of seafarers in secure shipping.

　

14.7 The delegation of the United States thanked the Committee for its thorough discussion of the issue, informed the Committee of its intention to submit a specific proposal to MEPC 52 and agreed to the suggestion of the Chairman to take into account the IMO publication entitled "MARPOL - How to do it" and comments made by other delegations.

　

15.1 The Committee recalled that the Plan of Implementation adopted by the World Summit on Sustainable Development reaffirmed the commitment to the Rio principles and the need for the full implementation of Agenda 21. Among numerous paragraphs of the Plan of Implementation relevant to the work of IMO, paragraph 34 directly addresses the objectives of the Organization.

　

15.2 The Committee noted that the draft Assembly resolution on follow-up to UNCED and WSSD, prepared by MEPC 49, was adopted by the twenty-third session of the Assembly as resolution A.964(23).

　

15.3 The Committee stressed the need to keep in mind the Plan of Implementation adopted by WSSD, which urged IMO to enhance maritime safety and the protection of the marine environment, and invited States to ratify and implement the conventions and protocols and other relevant instruments adopted by IMO.

　

15.4 The Committee noted with satisfaction that the International Convention for the Control and Management of Ships' Ballast Water and Sediments had been adopted by the Diplomatic Conference in February this year, thus fulfilling the request of paragraph 33 (b) of the Plan of Implementation urging IMO to "finalize the Convention".

　

16.1 The Committee recalled that it was past practice to have technical co-operation on its agenda on alternate meetings. But, given the importance of the work for the Organization, it was agreed to report on TC activities to every session of the Committee.

　

16.2 The Committee noted an update on the TC programme on a region-by-region basis (MEPC 51/16), which reported on the technical co-operation activities related to the protection of the marine environment undertaken during the period January - December 2003.

　

16.3 The Committee also noted the report on the implementation of the Protocol to the Barcelona Convention concerning co-operation in combating pollution in the Mediterranean Sea by oil and other harmful substances in cases of emergency (MEPC 51/INF.7).

　

16.4 The Committee noted that the updated thematic priorities of the Committee's contribution to the ITCP for 2004-2005, which was approved by MEPC 48, formed the basis for the preparation of the marine environment-related components of the overall ITCP for 2004-2005, which comprises 26 programmes with funding requirements of US$ 14.1 million. It further noted that the overall ITCP for 2004-2005 was approved by TC 53, recommending to the Council a proposed biennial allocation from the TC Fund in the amount of 5 million pounds Sterling (or US$7.85 million) to be used to finance the core activities of the ITCP for 2004-2005. The allocation was subsequently approved by the Council.

　

16.5 The Director of the Organization's Technical Co-operation Division (TCD) informed the Committee that a comprehensive report on TC activities for the biennium 2002-2003 (document TC 54/3) would be prepared for the consideration of the Technical Co-operation Committee at its forthcoming session in June 2004. He further mentioned that it was the first time that such a report had been prepared to cover one whole biennium.

　

16.6 The Committee noted that full information on the new ITCP for 2004-2005 could be found in documents TC 53/4 and TC 53/5. It was further noted that the initial biennial allocation was increased by the Assembly and that the amount covering marine environment related activities represented 21% of the total allocation, not including the major marine environment projects, i.e. GEF/UNDP/IMO Regional Programme on Building Partnerships in Environmental Management for the Seas of East Asia (PEMSEA), the project on the Removal of Barriers to the Effective Implementation of Ballast Water Control and Management Measures in developing countries (Globallast) and the project on the Marine Electronic Highway.

　

16.7 The Director further informed the Committee of the launch by the Secretariat of an inter-active web-based inventory on technical co-operation activities related to maritime safety and marine environment protection (MARTECAID) provided by Member States. This was initiated following the acknowledgement by TCC of the impact, which the global exchange of information on technical co-operation assistance could achieve, leading both to improved co-ordination at the field level and to more efficient use of development aid resources. He further mentioned that more information regarding MARTECAID could be found in Circular Letter No.2553 of 26 March 2003 announcing the launch of the website and invited Member States to use MARTECAID to input information on their activities, ongoing and planned, which directly or indirectly address the goals of the IMO regarding safer shipping and cleaner oceans, or to amend the data which is already listed.

　

16.8 In summing up, the Chairman urged the resource providers and recipients to join the Organization's commitment to its own ITCP by providing direct funding, cost-sharing contributions and/or in-kind contributions so that the full ITCP can be delivered successfully.

　

17.1 Under this agenda item, the Committee had before it ten submissions dealing with five different issues. The outcomes of the Committee's considerations are reported hereunder.

　

　

17.2 The Committee considered two proposals by Japan regarding future work on the CAS (MEPC 51/17 and MEPC 51/17/1) relating to inspection requirements for fillet welds between deck plating and longitudinals, and the issue of major repair work of hull girders, respectively.

　

17.3 The Committee noted Japan's opinion that this is an area that needs attention as the incidents of the Nakhodka, Erika and Prestige have revealed possible structural failures adjacent to parts where major repairs had been carried out previously, whilst fillet welds between deck plating and longitudinals constitute a well-known area of problems.

　

17.4 The Committee also noted that any amendments to CAS should follow the amendment procedure established in regulation 13G of MARPOL Annex I in relation to CAS.

　

17.5 The Committee recalled resolution MEPC.112(50) by which it adopted consequential amendments to CAS as a result of amendments to MARPOL Annex I. In operative paragraph 7 of the said resolution, the Committee urged the MSC to undertake a review of the Guidelines on the Enhanced Programme of Inspections adopted by resolution A.744(18), as amended, with the purpose of incorporating relevant elements and provisions of CAS so as to ensure that oil tankers required to comply with CAS will be subject to a single and harmonized survey and inspection regime.

　

17.6 In this respect, the Committee noted that the DE Sub-Committee was currently undertaking a revision of resolution A.744(18), as amended, and had included this item in its work programme and agenda for DE 48 in 2005.

　

17.7 Having considered the proposals by Japan and relevant issues, the Committee, recognizing the complexity of the issues which would require detailed consideration by a technical sub-committee, decided to refer the two documents (MEPC 51/17 and MEPC 51/17/1) to the DE Sub-Committee for consideration. The Committee further agreed that this should be a high priority item on the agenda of DE 48 to be considered under the item of "Revision of resolution A.744(18)", the outcome of which should be reported to MEPC 53.

　

　

17.8 The Committee recalled that MEPC 49 agreed with the proposal by Australia to review the Recommendation on International Effluent Standards and Guidelines for Performance Tests for Sewage Treatment Plants adopted by resolution MEPC.2(VI) in 1976, and invited delegations to submit documents on the matter to MEPC 51.

　

17.9 The Committee noted document MEPC 51/17/2 by Australia providing the results of a number of full tests in accordance with resolution MEPC.2(VI) on government ships at sea under normal operating conditions. The results proved that even minor deficiencies in shipboard installations and operating procedures can have a marked effect on the performance of IMO type approved sewage treatment plants. In the view of Australia, it was imperative that resolution MEPC.2(VI) be amended to avoid a proliferation of differing unilateral more stringent standards that may be imposed worldwide.

　

17.10 The Committee noted, in particular, that the following points in resolution MEPC.2(VI) were in need of improvement:

　

17.11 The Committee noted further that significantly clearer requirements could be found in the United States Coast Guard type test for marine sanitation devices.

　

17.12 After consideration, the Committee decided to refer the matter to the BLG Sub-Committee for consideration as a high-priority item in its work programme with a target completion date of 2006, and invited Member Governments and interested organizations to submit proposals to BLG 9, which was tentatively scheduled to be held in early 2005.

　

　

17.13 The Committee recalled that MEPC 49 agreed with the proposal by Singapore (MEPC 49/13/2) regarding the urgent need to develop standards for the establishment of the rate of sewage discharge that has been stored in holding tanks on board ships as required by regulation 11.1.1 of the revised MARPOL Annex IV, and invited delegations to submit proposals to MEPC 51 for consideration.

　

17.14 In document MEPC 51/17/5, Australia drew the Committee's attention to the requirements in regulation 11.1.1 of the revised MARPOL Annex IV that the rate of discharge for untreated sewage that has been stored in holding tanks shall be "moderate" and shall be approved by the Administration based upon standards developed by the Organization. Australia further pointed out the likely amount of discharge from livestock carriers (which comes under the definition of "sewage" under MARPOL Annex IV) and concluded that, in comparison, sewage generated by humans was far lower in volume, whilst the composition of livestock effluent could be compared with that of residues of fertiliser cargoes, whose discharge is permitted under MARPOL Annex V.

　

17.15 The Committee considered the matter in connection with the revised MARPOL Annex IV with a view to deciding on the rate of sewage discharge for regulation 11.1.1 of the revised MARPOL Annex IV, similar to that in regulation 9(1)(a) of MARPOL Annex I. The Committee, however, recognizing that this issue needed careful consideration from the viewpoint of sewage generated by humans as well as effluent produced by livestock on board ships, decided to refer the matter to the BLG Sub-Committee for development of relevant standards under regulation 11.1.1 of the revised MARPOL Annex IV as a high-priority item in its work programme with a target completion date of 2006 and invited Member Governments and interested organizations to submit proposals to BLG 9.