16 PROMOTION OF IMPLEMENTATION AND ENFORCEMENT OF MARPOL 73/78 AND RELATED INSTRUMENTS
Detection, prosecution and deterrence of vessel source pollution
16.1 The Committee recalled that, at MEPC 51, the United States submitted document MEPC 51/14 providing information on the United States' enforcement efforts and advances in the detection, prosecution and deterrence of vessel source pollution and related criminal conduct, and inviting the Committee to discuss methods to increase international awareness of the problem and consider mechanisms to achieve enhanced MARPOL compliance and enforcement co-operation.
16.2 The Committee further recalled that in considering the issues raised by the United States, MEPC 51 noted that there was a clear consensus that deliberate and illegal discharges of oil, noxious liquid substances and garbage into the marine environment posed a serious problem which must be tackled. The majority of the delegations that spoke supported the development of guidelines to achieve greater MARPOL compliance and to increase awareness of vessel source pollution as well as co-operation in the detection, investigation and prosecution of unlawful pollution from vessels.
16.3 The United States (MEPC 52/16/1) informed the Committee on the status of its efforts to develop the proposed guidelines to assist in the detection, prosecution and deterrence of vessel source pollution and related criminal conduct, to increase international awareness of the problem and to achieve greater MARPOL compliance and enforcement co-operation. In its submission, the United States provided an outline of the possible guidelines, which were under development for submission to and consideration by MEPC 53, focusing on measures that could be taken by various maritime parties and partners, including port and coastal States, flag States, owners and operators, recognized organizations and ISM auditors.
16.4 The United States was of the view that the development of the guidelines would enable the Committee to identify measures to achieve enhanced international co-operation in the detection and investigation of illegal discharges, to clarify responsibilities under the MARPOL 73/78 reporting system, to highlight the best industry practices, and to improve enforcement capacity. It further suggested that, if approved, such guidelines could supplement the IMO publication "MARPOL - How to do it" in a fashion similar to the IMO Guidelines for the Implementation of Annex V of MARPOL 73/78 and that the guidelines would reaffirm important guiding principles set forth in MARPOL and other international instruments, including recognizing the rights of seafarers.
16.5 In the ensuing discussion:
.1 many delegations expressed their appreciation to the United States for its efforts as well as their support for the development of guidelines for enforcement of Annex I of MARPOL 73/78 and looked forward to a submission by the United States to MEPC 53;
.2 several delegations expressed their concern regarding the protection of seafarers' rights against criminalization in the context of accidental pollution and that the proposed guidelines must take into account the provisions of MARPOL 73/78 and UNCLOS on the rights of the seafarers, in particular, harmonizing with the guidelines on seafarers being developed under the purview of the Legal Committee; and
.3 the United States assured the Committee that the proposed guidelines were intended to address deliberate and illegal discharges in violation of the MARPOL Convention and the cumulative threat such discharges pose to the marine environment. In addition, the guidelines would reaffirm the guiding principles set forth in the MARPOL Convention and other international instruments regarding the rights of seafarers.
16.6 The Committee agreed that the text in the proposed guidelines relating to the ISM Code should be reviewed by the Maritime Safety Committee.
16.7 The Committee invited the United States to take into account the Committee's views and submit the draft proposed guidelines for consideration at MEPC 53.
Activities carried out by ROPME/MEMAC on the protection of the marine environment
16.8 The Committee noted that document MEPC 52/16 contained a summary of the main activities carried out by the Regional Organization for the Protection of the Marine Environment/Marine Emergency Mutual Aid Centre (ROPME/MEMAC) on the protection of the marine environment in the ROPME Sea Area (RSA) since MEPC 49. These pertained to the ratification and implementation of MARPOL 73/78 and the provision of reception facilities and to the OPRC 90 Convention and related matters. The report also covered matters relating to the various training courses and workshops organized by MEMAC and to the survey of wrecks in the Northern ROPME Sea Area. The Committee thanked ROPME/MEMAC for providing the information.
Consolidated texts of CAS and the Guidelines on the enhanced programme of inspections during surveys of bulk carriers and oil tankers
16.9 The Committee noted the consolidated texts of the Condition Assessment Scheme (resolution MEPC.94(46), as amended) and the Guidelines on the enhanced programme of inspections during surveys of bulk carriers and oil tankers (resolution A.744(18), as amended) provided, for information purposes, in document MEPC 52/INF.4 by the Republic of Korea. Having thanked the Republic of Korea for its efforts in preparing these consolidated texts, the Committee instructed the Secretariat to take this document into account when preparing a publication on the Condition Assessment Scheme. The consolidated text of resolution A.744(18), as amended, would be referred to the Maritime Safety Division of the Organization for any follow-up action.
Research Project for "Effective Crude Oil Washing"
16.10 The Committee noted that INTERTANKO, in document MEPC 52/INF.15, informed the Committee of an Interim Research Project for "Effective Crude Oil Washing" (CRUCLEAN) commissioned for the purposes of investigating possible methods to increase the efficiency of crude oil washing and reducing its impact upon air emissions caused by the subsequent release of VOCs to the atmosphere. The Committee, having noted the information provided and, in particular, the project's interim conclusion that a modification of the current criteria and techniques used for crude oil washing was justified, invited INTERTANKO to submit to the Committee any concrete suggestions for possible changes for consideration at a future session.
17 FOLLOW-UP TO UNCED AND WSSD
17.1 The Committee noted information provided by the United States (MEPC 52/INF.7) on the successful Miami Partnership Conference, which was held in March 2004. The Conference, as part of the White Water to Blue Water Initiative (WW2BW), was designed to promote the practice of integrated water-shed and marine ecosystem-based management in the Wider Caribbean Region through the development and implementation of all types of partnerships across a range of thematic areas including environmentally sound marine transportation.
17.2 In this respect, the Committee noted that the Conference resulted in a host of new developments harnessing all sectors of the community and addressing topics such as ballast water management, anti-fouling systems, reception facilities for ship-generated wastes, spill response agreements, particularly sensitive sea areas, anchoring and ship's routeing systems. Member Governments were urged to visit the WW2BW website which provides a host of information that would be useful in other regions ( www.ww2bw.org).
17.3 In this context the Committee recalled that, although the Wider Caribbean Region was designated a Special Area under MARPOL Annex V in 1993, it remained ineffective and not enforceable because insufficient countries bordering the Region had adequate waste reception facilities. In this respect, the Committee encouraged concrete actions so as to protect the marine environment in the region to the benefit of all coastal States.
18 TECHNICAL CO-OPERATION PROGRAMME
18.1 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, MEPC 51 agreed to report on TC activities to every session of the Committee; the odd-numbered sessions providing exhaustive reports on the Organization's marine environment-related technical co-operation activities. Updates were to be provided, whenever necessary, at even-numbered sessions.
18.2 The Committee noted the report on the TC programme on a region-by-region basis (MEPC 52/18), which gave an account of the technical co-operation activities related to the protection of the marine environment undertaken during the period January 2002 - June 2004.
18.3 The Committee also took note of 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 52/18/1/Rev.1). In this respect, the Committee noted the change of name of the Emergency Protocol to the Barcelona Convention, which now reads: "Protocol to the Barcelona Convention concerning Co-operation in Preventing Pollution from Ships and, in Cases of Emergency, Combating Pollution of the Mediterranean Sea (Prevention and Emergency Protocol)".
18.4 The Committee recalled that MEPC 48 approved the updated thematic priorities and the Committee's contribution to the ITCP for 2004-2005 prepared by the Secretariat. These formed the basis for the preparation of the marine environment-related components of the overall ITCP for 2004-2005. The new ITCP, which was approved by TCC 53, comprised 26 programmes with funding requirements of US$ 14.1 million. Subsequent to a proposal by TCC 53, the Council approved a biennial allocation from the TC Fund totalling 5 million pounds Sterling (or US$7.85 million) to be used to finance the core activities of the ITCP for 2004-2005.
18.5 The Committee recalled further that the future ITCP for 2006-2007 would be considered by TCC 55 in June 2005 and should include the MEPC's contribution to that programme. The Committee's contribution, as contained in the annex to document MEPC 52/18/2, was an updated version of the current ITCP for 2004-2005. This amended version took account of the on-going ITCP and of the actual activities, implemented and/or programmed, as contained in the relevant on-going projects and/or programmes.
18.6 In considering document MEPC 52/18/2, the Committee noted the important role played by workshops and training courses in catalyzing or strengthening the co-operation between national Authorities of the region and between Governments and industry in the field of preparedness and response. The importance of such co-operation in ensuring viable response systems was also emphasized. While recognizing the good results attained in MARPOL ratification and implementation, the need to pay particular attention to this aspect of the IMO technical co-operation programme was stressed.
18.7 Reference was also made to the successful completion by the OPRC/OPRC-HNS Technical Group of the work on the revision of the OPRC training courses and the development of the new OPRC introductory course, all of which would no doubt add to the quality of the assistance being rendered by IMO to the countries that need it.
18.8 The Director of the Organization's Technical Co-operation Division (TCD) provided the Committee with information on the different components of the Integrated Technical Co-operation Programme (ITCP) through which the Organization's marine environment-related technical co-operation activities are funded. These include one major programme solely dedicated to marine environment protection, a global programme on cross-sectoral matters (technical advisory services; regional outreach; etc.) and most importantly the major GEF-funded programmes and projects. Information was also provided on the process for the development of the ITCP and of allocation of resources to its components.
18.9 While recognizing that the thematic priorities, as contained in document MEPC 52/18/2, were comprehensive, the Director, TCD, suggested that there was an increasing need for the Committee to identify its real priorities and to focus on specific themes for any given biennium. In reaction to one delegation's suggestion that attention needed to be paid to the training of trainers, he informed the Committee of the launching of such a project in the field of maritime security and it was also intended for replication to cover other areas such as preparedness and
response.
18.10 In commenting on the documents under review, a number of delegations expressed their appreciation for the assistance provided by IMO within the framework of the ITCP. The Committee's attention was also drawn to the following:
.1 the importance of workshops and courses in catalysing and/or strengthening the bond between experts of the same region likely to co-operate in addressing matters of common interest such as pollution response;
.2 the need for future programmes to address matters pertaining to the OPRC-HNS Protocol, MARPOL Annex VI and the 2001 AFS Convention; and
.3 the need to organize train-the-trainer courses with a view to gradually reducing developing countries' dependency on external expertise.
18.11 Finally, the Committee:
.1 approved the Committee's contribution to the overall IMO ITCP for 2006-2007;
.2 instructed the Secretariat to finalize the Committee's contribution for its incorporation by the Technical Co-operation Division into the overall ITCP for 2006-2007, including the issue of greenhouse gases emissions; and
.3 took note of the information provided regarding the implementation of the technical co-operation activities for the period from January 2002 to June 2004, which related to the ITCP for 2002-2003 and 2004-2005, and the major programmes - the Marine Electronic Highway (MEH) Project, PEMSEA and the Globallast Programme.
19 FUTURE ROLE OF FORMAL SAFETY ASSESSMENT AND HUMAN ELEMENT ISSUES
Report of the Joint MSC/MEPC Working Group on the Human Element
19.1 The Committee recalled that MEPC 51 noted that the Joint MSC/MEPC Working Group on the Human Element would meet again during MSC 78 and agreed to consider the work of the correspondence group on FSA at this session after it had been considered by MSC 78.
19.2 The Committee noted that, due to lack of time, MSC 78 decided to defer consideration of the report of the correspondence group on FSA to MSC 79.
19.3 The Committee noted that MSC 78 considered the report of the Joint MSC/MEPC Working Group on the Human Element and took action as reflected in paragraphs 18.7 to 18.13 of document MSC 78/26.
19.4 The Committee, having considered the report of the Joint MSC/MEPC Working Group on the Human Element (MSC 78/WP.16) and the outcome of MSC 78 on the matter, took the following action:
.1 noted the outcome of the Group's work in relation to the human element strategic plan (MSC 78/WP.16, paragraphs 4 to 12 and annex);
.2 noted the view of MSC 78 (MSC 78/26, paragraph 18.13) with regard to the establishment of the Joint Working Group at MSC 79 and agreed that the Group should meet once a year, preferably at alternate sessions of the MSC and MEPC as appropriate, following consultations between the Chairmen of the two Committees; and
.3 approved the report in general.
19.5 The Committee noted that MSC 78 instructed the Joint MSC/MEPC Working Group on Human Element to develop a strategic plan to address the human element for promoting safe behaviour in maritime safety, environmental protection and security culture which should make use of risk assessment methodology; include all the stakeholders in the chain of responsibility; address adequately the need for environmental management and consciousness; and endeavour to cater for all users' requirements (MEPC 52/11, paragraph 20).
Future meetings of the Joint MSC/MEPC Working Group on the Human Element
19.6 The Committee considered the issue under item 20 (Work programme of the Committee and subsidiary bodies).
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