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13 FOLLOW-UP TO THE REVISED MARPOL ANNEX I AND ANNEX II
Introduction
 
13.1 The Committee recalled that, during MEPC 49, the sequence of events associated with the implementation of the revised MARPOL Annex I and Annex II had been discussed. As a result, it was agreed to add this agenda item in order to consider any appropriate developments associated with these two Annexes.
 
13.2 The Committee recognized that, as regards the revised Annex II, MEPC 51 had noted that the Secretariat had identified those Guidelines referred to in the 2002 consolidated edition of MARPOL Annex II, and had made proposals for the possible follow-up actions. As a result, the Committee instructed the ESPH Working Group to undertake the actions proposed in the annex to document MEPC 51/12/1 and report the results to BLG 9, the outcome of which should be submitted to MEPC 53 for consideration.
 
13.3 The Committee noted that the ESPH Working Group had met from 30 August to 3 September 2004 and had made considerable progress which would be reported to BLG 9, as instructed by the Committee, and that the follow-up to the revised MARPOL Annex II was therefore well underway.
 
13.4 The Committee agreed that, at the present session, there was no need to give further consideration to the follow up to the revised MARPOL Annex II, but to wait for the report of BLG 9.
 
13.5 The Committee noted that five documents had been submitted under this agenda item, all of them relating to the revised Annex I.
 
Cross-reference list between the "old" and "new" regulations of MARPOL Annex I
 
13.6 The Committee recalled that MEPC 51, in order to ensure the smooth implementation of existing resolutions, guidelines and circulars associated with Annex I when the revised Annex I enters into force, and avoiding at the same time an unnecessary heavy work burden, agreed that those instruments associated with Annex I would not be revised with the sole purpose of bringing the cross-references in line with the new regulation numbering system under the revised Annex I. They would be revised only if they contained outdated provisions which needed updating in line with the amendments to Annex I, or which needed adaptation as a result of progress in technology.
 
13.7 The Committee recalled further that, in this context, MEPC 51 further agreed to instruct the Secretariat to prepare a draft MEPC Circular for consideration by MEPC 52, which would provide cross-reference lists between the "old" and "new" regulations of MARPOL Annex I, and vice versa. Thus, a single MEPC Circular would provide the necessary tool to facilitate the use of associated guidelines, circulars, codes, etc, in connection with the new numbering system of the revised Annex I.
 
13.8 The Committee had before it document MEPC 52/13/Rev.1 (Secretariat) providing the draft MEPC Circular referred to above. The Committee agreed that the Circular would prove to be very useful for several years to come in a double sense. First, until Annex I end-users became accustomed to the new numbering system, and regulations 19 and 20, for example, were as well known as regulations 13F and 13G were presently. Secondly, as a valuable tool for Administrations and the shipping industry in general to handle the vast array of existing guidelines, circulars and codes associated with MARPOL Annex I.
 
13.9 The Committee approved the MEPC Circular on cross-reference lists between the "old" and "new" regulations of MARPOL Annex I and instructed the Secretariat to issue it as MEPC/Circ.421.
 
Updating the Supplement to the IOPP Certificate under the existing MARPOL Annex I
 
13.10 The Committee noted that document MEPC 52/13/1 (Secretariat) proposed to issue an MEPC Circular inviting Administrations to make interim corrections to the IOPP Supplement, when necessary, following the implementation on 1 January 2005 of resolutions MEPC.107(49) and MEPC.108(49) and the expected date of entry into force of the revised MARPOL Annex I on 1 January 2007.
 
13.11 The Committee recalled that MEPC 49 adopted, by resolution MEPC.107(49), the revised Guidelines and specifications for pollution prevention equipment for machinery space bilges of ships and, by resolution MEPC.108(49), the revised Guidelines and specifications for oil discharge monitoring and control systems for oil tankers. Both revised Guidelines are expected to take effect from 1 January 2005.
 
13.12 The Committee noted that, in the interval between 1 January 2005 and 1 January 2007 (date of the expected entry into force for the revised Annex I), approval could not be indicated under the current form of the IOPP Certificate Supplement for pollution prevention equipment that may need to be approved under resolution MEPC.107(49), or oil discharge monitoring and control equipment that may need to be approved under resolution MEPC.108(49).
 
13.13 The Committee noted also that the relevant sections of the IOPP Certificate Supplement that would need correction, following implementation of the said resolutions, were sections 2.4.1 and 2.4.3 of both Forms A and B of the IOPP Certificate Supplement as regards pollution prevention equipment for machinery space bilges of ships, and section 6.1.4 of Form B of the Supplement as regards oil discharge monitoring and control systems.
 
13.14 The Committee further noted that there was a precedent to address the issue in Unified Interpretation 2.4A under MARPOL Annex I, whereby the existing form of the IOPP Certificate Supplement Form B may remain valid until its replacement by the Form provided in the revised Annex I, and any necessary changes are indicated in the existing Supplement by means of suitable corrections, e.g. by typing the new entry.
 
13.15 The Committee requested the Secretariat to prepare and issue MEPC/Circ.422 based on document MEPC 52/13/1 as soon as possible.
 
Guidelines for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs
 
13.16 The Committee recalled that MEPC 49 approved the MEPC Circular on Guidelines for the application of MARPOL Annex I requirements to FPSOs and FSUs, and instructed the Secretariat to issue it as MEPC/Circ.406 and, recognizing that similar guidelines would be needed for the revised MARPOL Annex I, requested the Secretariat to prepare a draft MEPC resolution for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs with a view to adoption together with the revised Annex I.
 
13.17 The Committee recalled also that new regulations 13H on the carriage of heavy grade oil and 13I on the protection of pump-rooms were incorporated as regulations 21 and 22 in the revised MARPOL Annex I but they were not included in MEPC/Circ.406 as those regulations were finalized after its issuance. The revised MARPOL Annex I regulation 23 on Accidental oil outflow performance was not included in MEPC/Circ.406 either, as it was intended to be adopted together with the revised MARPOL Annex I. The Committee recognized that there was no indication in the table of MEPC/Circ.406 as to the applicability of these three new regulations (21, 22 and 23 in the revised Annex I) to FPSOs and FSUs and that a decision should be taken on this matter.
 
13.18 The Committee noted that document MEPC 52/13/2 (Secretariat) provided a draft MEPC resolution adapting MEPC/Circ.406 to the new numbering system and new regulations of the revised Annex I.
 
13.19 Having considered the comments of Australia that more work needed to be done on the draft MEPC resolution, in particular, the annexed Explanatory notes section 4 on the tables of probability for side and bottom damage and section 5 on the probability of protecting a cargo oil tank, the Committee agreed to forward the matter to BLG 9 for consideration and requested BLG 9 to finalize the guidelines for adoption by an MEPC resolution at MEPC 53.
 
Explanatory notes on matters related to the accidental oil outflow performance under regulation 23 of the revised MARPOL Annex I
 
13.20 The Committee had before it document MEPC 52/13/3 (Secretariat), which provided the text of an MEPC resolution on the Explanatory Notes on matters related to the accidental oil outflow performance under regulation 23 of the revised MARPOL Annex I.
 
13.21 The Committee recalled that MEPC 49 approved, in principle, the MEPC resolution on Explanatory notes on matters related to the accidental oil outflow performance under regulation 21 (now regulation 23) of the revised MARPOL Annex I, with a view to adoption together with the revised MARPOL Annex I, recognizing that the cross-references would need to be checked by the Secretariat.
 
13.22 The Committee noted that the Secretariat had checked the Explanatory notes and had amended cross-references where necessary. Minor editorial adjustments had also been made on the notes themselves and on the text of the accompanying draft MEPC resolution.
 
13.23 The Committee adopted, by resolution MEPC.122(52), Explanatory notes on matters related to the accidental oil outflow performance under regulation 23 of the revised MARPOL Annex I, which is set out at annex 11.
 
Oil Filtering Equipment and Oil Record Book for oil tankers of less than 400 gross tonnage
 
13.24 The Committee noted that India, in document MEPC 52/13/4, expressed concern over the applicability of regulations relating to oil filtering equipment to oil tankers of less than 400 GT, and Oil Record Book Part I for oil tankers of 150 gross tonnage and above, but less than 400 gross tonnage, during the transition period prior to entry into force of the revised MARPOL Annex I.
 
13.25 After consideration, the Committee requested the Drafting Group on MARPOL Amendments to adjust the text of the revised Annex I as appropriate. The outcome of the Drafting Group's consideration on the matter is reported under item 5.
 
14 STATUS OF CONVENTIONS
14.1 The Committee noted the information on the status of IMO conventions and other instruments relating to marine environment protection (MEPC 52/14) as follows:
 
.1 Annex 1 shows the status, as at 1 August 2004, of the IMO conventions and other instruments relating to marine environment protection;
 
.2 Annex 2 shows the status, as at 1 August 2004, of MARPOL 73/78;
 
.3 Annex 3 shows the status, as at 1 August 2004, of the amendments to MARPOL 73/78;
 
.4 Annex 4 shows the status, as at 1 August 2004, of the 1990 OPRC Convention;
 
.5 Annex 5 shows the status, as at 1 August 2004, of the 2000 OPRC-HNS Protocol; and
 
.6 Annex 6 shows the status, as at 1 August 2004, of the 2001 AFS Convention.
 
14.2 The Committee also noted the following information provided by the Secretariat since document MEPC 52/14 was issued:
 
.1 Congo deposited its instrument of ratification for MARPOL Annexes I, II, III, IV and V;
 
.2 the United Kingdom deposited its instrument of ratification for MARPOL Annex VI;
 
.3 Cyprus deposited its instrument of ratification for MARPOL Annex VI;
 
.4 Congo deposited its instrument of ratification for the 1990 OPRC Convention;
 
.5 St. Kitts and Nevis deposited its instrument of ratification for the 1990 OPRC Convention; and
 
.6 Poland deposited its instrument of ratification for the 2001 AFS Convention.
 
15 HARMFUL ANTI-FOULING SYSTEMS FOR SHIPS
15.1 The Committee noted the information provided by WWF, FOEI, IUCN and INTERTANKO (MEPC 52/15) on peer reviewed literature published between 2000 and 2004 on the presence and impact of organotins in the marine environment, and thanked WWF, FOEI, IUCN and INTERTANKO for providing the information.
 
15.2 The Committee also noted that, while improvements were apparent in some areas, organotin contamination remained widespread in areas where no appropriate legislation was in place. Environmental evidence stressed the need for continued vigilance and the urgent need for ratifications of the 2001 AFS Convention.
 
15.3 In this respect, the Committee recalled that the 2001 AFS Convention was adopted by the International Conference on the Control of Harmful Anti-fouling Systems for Ships on 5 October 2001 and, to date, nine States had ratified the Convention, representing about 9.5% of the world's merchant shipping. Members were therefore urged to ratify the Convention as soon as possible.
 
15.4 A number of delegations concurred with views expressed in document MEPC 52/15. Panama, while informing the Committee that it was on the road to ratify the Convention, indicated that many shipping companies had offered to voluntarily withdraw the use of tin-based anti-fouling systems. ICS affirmed this statement and assured the Committee that their members had been urged to comply with the requirements set out in the Convention. Greece stated it would complete national procedures to ratify the Convention by March 2005.


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