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Other related issues
10.81 The BLG Sub-Committee's proposed revised work programme and provisional agenda for BLG 11 was dealt with under agenda item 20.
10.82 When considering the need for an intersessional meeting of the ESPH Working Group in 2007, the Committee considered the current reduced workload of the Group against the need for the Group to consider the outcome of the GESAMP/EHS Working Group's meeting which is scheduled to be held in early 2007, as well as the need to review the MEPC.2/Circular before its issuance at the end of the year. Against this background, the Committee agreed in principle to the need of holding an intersessional meeting of the ESPH Working Group in 2007 but to revisit this decision at MEPC 56.
Urgent matters emanating from ESPH 12
10.83 The Committee recalled that MSC 81 had agreed with BLG 10's proposal on the following items that needed reporting directly to MEPC 55 and MSC 82, taking into account the meeting schedule and the decisions that needed to be taken by the two Committees on certain items to be considered by the ESPH Working Group at its intersessional meeting in September 2006, before the entry into force of the revised Annex II to MARPOL 73/78 and the amended IBC Code:
.1 the result of the evaluation of new products in view of the fact that new substances may be submitted to ESPH 12;
.2 the result of the consolidation of the synonyms of vegetable oils in order to take full advantage of the outcome of the meeting of the GESAMP/EHS Working Group in June 2006;
.3 the review of the MEPC.2/Circular on the Provisional classification of liquid substances transported in bulk and related matters; and
.4 the result of the consideration of consequential amendments to chapter 19 of the amended IBC Code.
10.84 The Committee also recalled that the intersessional meeting of the ESPH Working Group had held its twelfth session from 4 to 8 September 2006 and the comprehensive report on that session was circulated under the symbol BLG 11/3. In this regard, the Committee thanked the ESPH Working Group and its Chairman, Mrs. M.C. Tiemens-Idzinga (Netherlands) for the considerable amount of work that had been carried out at its last intersessional meeting (ESPH 12).
10.85 In noting the urgent matters emanating from ESPH 12, the Committee took action referred to it as indicated hereunder (MEPC 55/10/5):
.1 bearing in mind that the results of the classification and assignment of carriage requirements of the new products would need to be considered together with the proposed amendments to the revised IBC Code (MEPC 55/10/1), the Committee concurred with the results regarding classification and carriage requirements of new products.
The Committee noted the numerous products which had been submitted for evaluation before the entry into force of 1 January 2007 of the amended MARPOL Annex II and the revised IBC Code;
.2 agreed with the ESPH Working Group's actions concerning the cover note and the different lists of MEPC.2/Circ.12 (paragraphs 4.13 to 4.18 of BLG 11/3).
The Committee recalled that in view of the entry into force on 1 January 2007 of the revised MARPOL Annex II and the consequential amendments to the IBC Code, the next edition of the MEPC.2/Circular (MEPC.2/Circ.12) would be published on 31 December 2006 and annually thereafter on 17 December 2006 as per usual practice.
The Committee further recalled that in view of the importance of having the next edition of the MEPC.2/Circular (MEPC.2/Circ.12) issued as close as possible to the entry into force date of the revised MARPOL Annex II and the consequential amendments to the IBC Code of 1 January 2007, in order for mixtures to be included in List 2 of the circular, the information should have been submitted to the Secretariat by 30 September 2006.
The Committee emphasized that in order to ensure adequate time for the Secretariat to process the data for new entries for products in List 1 of the circular, the deadline for the receipt of information by the Secretariat was 1 December 2006;
.3 the Committee agreed with the ESPH Working Group's decision that the entry for Potassium chloride solution (10% or more), which featured in chapter 17 of the amended IBC Code, be amended to Potassium chloride solution, and also noted that consequential changes would be necessary to the list of permitted cargoes found in appendix 1 in the LHNS Guidelines which were being considered for adoption at this session (see paragraph 10.97);
.4 agreed with the ESPH Working Group's proposal that Dodecyl, Tetradecyl, Hexadecyl-dimethylamine mixture be included as an index name in chapter 19 of the IBC Code as it was a synonym for the product entry, Alkyl (C12+) dimethylamine;
.5 concurred with the ESPH Working Group's decision that in order to avoid further changes to classifications of products, the rating of "Inorg" in column A2 in the GESAMP Hazard Profile would be taken to mean a product that would be readi biodegradable;
.6 agreed to task the Secretariat to prepare for BLG 11, a consolidated document reflecting the decisions taken by the ESPH Working Group on the interpretations of the ratings in the revised GESAMP Hazard Profiles for regulatory purposes;
.7 agreed with the ESPH Working Group's decision to add a new footnote in chapter 17 of the IBC Code for the entries of Fatty acid methyl esters, Vegetable acid oils, and Vegetable fatty acid distillates to indicate that each of these entries was derived from vegetable oils specified within the IBC Code;
.8 agreed with the ESPH Working Group's results on the re-/classification of products following the re-/evaluation work carried out by the GESAMP/EHS Working Group and to incorporate these classifications in List 1 of MEPC.2/Circ.12, as well as in the proposed amendments to the revised IBC Code (MEPC 55/10/1) as appropriate; and
.9 in concurring with the view of the ESPH Working Group that having an updated list of vegetable oils synonyms would facilitate identification by those handling such cargoes (vegetable oils), agreed that the updated list of vegetable oil synonyms (BLG 11/3, annex 6) be included in annex 6 of the MEPC.2/Circular and that the carriage requirements for such synonyms were identical to those of the vegetable oils specified in the IBC Code.
Proposed amendments to the revised IBC Code
10.86 The Committee recalled that the IBC Code was adopted in 2004 by resolutions MEPC.119(52) and MSC.176(79) and since then a number of the products in chapters 17 and 18 had had either their names or their carriage requirements amended, whilst a number of new products had been evaluated and classified.
10.87 The Committee recalled that BLG 10 had asked the Secretariat to prepare a consolidated list of additions and amendments to chapters 17, 18 and 19 as agreed by BLG 9 and BLG 10, for approval by MSC 81 and MEPC 55, with a view to adoption by MSC 82 and MEPC 56, so that the amendments could enter into force on 1 January 2009.
10.88 In this connection, the Committee further recalled that MSC 81 approved the draft amended text as set out in annex 26 of document MSC 81/25, and the proposed amendments had been circulated under Circular letter No.2716, with a view to adoption at MSC 82.
10.89 The Committee noted that since BLG 10, the ESPH had met (see paragraphs 10.84 and 10.85 above) and a number of the products shown in chapters 17 and 18 had been re-classified. In addition, a number of new products had also been classified. Consequently, chapter 19 containing the associated synonyms would also need to be updated. The Committee agreed that these additions or amendments should be considered together with the proposed amendments to chapters 17, 18 and 19.
Establishment of the Drafting Group
10.90 The Committee, in order to progress on the matter, agreed to establish a Drafting Group with the following Terms of Reference:
.1 to review and finalize the texts of the proposed amendments to the IBC Code, taking into account comments made in plenary and the fact that since the preparation of document MEPC 55/10/1 new products had been classified and a number of the products shown in chapters 17 and 18 had had either their names or their carriage requirements amended; and
.2 to submit a written report to plenary by Thursday, 12 October, for consideration and approval of the amendments to the IBC Code by the Committee.
Report of the Drafting Group
10.91 Having received the report of the Drafting Group (MEPC 55/WP.8) regarding the work undertaken in accordance with its Terms of Reference, the Committee approved the report in general and, in particular:
.1 approved the proposed amendments to chapters 17, 18 and 19 of the revised IBC Code, which are set out at annex 28, and requested that the proposed amendments be circulated by the Secretary-General as soon as possible after this session for adoption at MEPC 56;
.2 to bring to the attention of MSC 82 the need to update the proposed amendments to chapters 17, 18 and 19 of the revised IBC Code before final adoption by that Committee; and
.3 to authorize the Secretariat to effect appropriate corrections accordingly if, in the time between MEPC 55 and MSC 82, any inadvertent errors were identified in the lists.
10.92 Following approval of the amendments, the Committee recalled the publication of Circular letter No.2730, which outlined the principles for entry into force of the revised MARPOL Annex II and the amended IBC Code on 1 January 2007. In this context, the Committee further recalled that regulation 4.1.3 of MARPOL Annex II was specifically developed to ensure sufficient tonnage was available for the carriage of vegetable oils and no disruption of trade took place for these high volume products. The Committee urged Administrations to use regulation 4.1.3 to avoid any possible shortage in tonnage, since when not using this regulation, the vegetable oils concerned shall be transported under the requirements for Pollution Category Y and Ship Type 2.
10.93 The Committee, having approved the draft amendments to chapters 17, 18 and 19 of the IBC Code, noted the proposed timescale for the next set of amendments to the IBC Code (BLG 10/19, paragraphs 3.3.21 and 3.16.2).
Outcome of DSC 11
10.94 The Committee recalled that the Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) had held it eleventh session from 11 to 15 September 2006 and its report was circulated under the symbol DSC 11/19.
10.95 In noting the urgent matters emanating from DSC 11, the Committee took action referred to it as indicated hereunder (MEPC 55/10/6).
Draft amendments (34-08) to the IMDG Code consequential to the Review of Annex III to MARPOL 73/78
10.96 The Committee noted the Sub-Committee's decisions, consequential to the review of Annex III to MARPOL 73/78.
LHNS Guidelines
10.97 The Committee recalled that MEPC 54 had noted that the draft amendments to the LHNS Guidelines would be discussed by DSC 11 in September 2006, which would finalize a consolidated version of the draft LHNS amendments emanating from SLF 48 (September 2005), BLG 10 (April 2006) and DSC 11 (September 2006) for adoption by MEPC 55 and subsequently by MSC 82. Consequently, DSC 11 finalized a consolidated version of the draft amendments to the LHNS Guidelines in the context of matters under its purview.
10.98 The Committee agreed to task the Drafting Group set up under agenda item 5 on the interpretation and amendments to mandatory instruments to review and finalize the amendments to the LHNS Guidelines (see also paragraph 5.13).
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